General sales conditions

1. GENERAL SALES CONDITIONS FOR THE USE OF THE WEB SITE www.manifatturafalomo.com

1.1. These general sales conditions concern the purchase of products carried out remotely through electronic transmission or by telephone, of the products presented on the web site www.manifatturafalomo.com,  run by Manifattura Falomo Srl with headquarters in Via Feletti, 21 - 32075 - Morsano al Tagliamento (PN), VAT 00074200932, share capital of Euro 600,000.00, registered with the Business Register of Pordenone no. 00074200932, online shop on the website www.manifatturafalomo.com, email: assistenza@manifatturafalomo.it and constitute an integral and essential part of the purchase contract for any Product. The submission of an Order, as described below, implies acceptance by the Customer.

1.2. The forecasts that refer to "Consumers" apply exclusively only to individuals who are natural persons and who make an Order for purposes other than entrepreneurial, commercial, handicraft or professional activities that are individually carried out. Manifattura Falomo ensures that Consumers will benefit from all the protections provided by the law, in particular, for the conclusion of distance contracts in accordance with Title III, Section II of the Legislative Decree Sept. 6, 2005, n. 206 ("Consumer Code"), as amended by the Legislative Decree Feb. 21, 2014 n. 21, pursuant to Directive 2011/83/EU, as well as all further protections provided, in favor of Consumers, by the Consumer Code and by any other applicable law. For any clarification or information about the content of the general conditions of sale or for complaints, Manifattura Falomo’s customer service is available by sending an e-mail to assistenza@manifatturafalomo.it.

1.3. The general conditions apply to all Orders for the purchase of Products and forwarded to Manufacture Falomo through the website www.manifatturafalomo.com or by sending an e-mail to assistenza@manifatturafalomo.it.

1.4. "Customer" means both "Consumer" (a natural person who makes an Order for purposes outside his own entrepreneurial, commercial, handicraft or professional activity, if any) and "Professional" (natural or legal person who makes an Order in the conduct of his own entrepreneurial, commercial, handicraft or professional activity).

1.5. "Order" means any proposal for the purchase of one or more Products, made by the Customer via Internet or phone, while the term “Contract” refers to the agreement between Manifattura Falomo and the Customer who buys one or more Products. The wording of the Order and the conclusion of the contract will be made in accordance with the procedures indicated below.

1.6. "Product" mean any article presented in the categories accessible via the website: mattresses, bed bases and accessories.

1.7. It is clarified that “Working Day" refers to any day of the week, except Saturdays, Sundays, public holidays and days of holiday closure of the company, under Italian law.

1.8. The customer can keep a copy of these general conditions of sale, as well as the Contract documents relating to the Products purchased on the Site, using the normal functionality of your browser (e.g..: "File" -> "Save as ").

1.9. The Customer can store the data of his own Order, by downloading the general conditions of sale, as referred to in the previous article, and saving, with the support of your browser’s functions, the data summarized in the last web page before forwarding any Order or by waiting for an order Confirmation email that Manifattura Falomo will send, after the forwarding of the Order, to the email address specified by the Customer. This e-mail confirmation will contain the data of the Order submitted by the Customer, which can be printed or saved.

10.1. The data of each Order will be saved by Manifattura Falomo in its own systems. In order to preserve the confidentiality of such information, its access by the Customer will be allowed only after prior authentication in the Site’s restricted area named "My Account”, by entering appropriate access credentials by the Client that are attributed at the time of registration to the Site. In this restricted area, using his or her own credentials, the Customer can consult the already concluded Contracts, any Pending Orders and those just submitted, as well as update and save his or her contact information and/or data relating to the subscription to the newsletter service. The Customer undertakes to treat confidentially his or her own access credentials to the said restricted area of the Site and not to make them available to third parties.

11.1. The data saved by Manifattura Falomo in its own computerized records is considered as evidence of communications, orders and payments between the parties.

 

2. CONCLUSION OF THE CONTRACT

2.1. Any Contract for the purchase of Products will be agreed exclusively in Italian.

2.2. Before forwarding any Order, the Customer is requested to carefully read these terms and conditions of sale. In addition, before proceeding with the product purchase through the transmission of the order form, the Customer will be asked to print a copy using the print command and save or reproduce a copy for his or her personal use.

2.3. The Products’ presentation on the website is merely an invitation to users to make a direct purchase proposal, therefore it does not have binding nature for Manifattura Falomo and, in particular, does not constitute an offer to the public within the meaning and for the purposes of the Article 1336 of the Italian Civil Code. Any decision regarding the acceptance of the proposals eventually formulated remain to Manifattura Falomo’s full discretion.

2.4 Conclusion of the contract via the Internet

2.4.1. To purchase one or more Products via the Internet, the Customer will provide Manifattura Falomo, in compliance with applicable provisions regarding the protection of personal data, all the information necessary to enable Manifattura Falomo to carry out the Orders submitted.

2.4.2. The Customer can select one or more Products which he or she plans to purchase, placing them in a virtual “cart”, in which the content can always be displayed before forwarding the Order.

2.4.3. By clicking on the ”Proceed to checkout” button, the Customer will initiate the process of forwarding of the Order. During the formulation phase of the Order and until it is effectively forwarded, the Customer will have, however, the opportunity to review the entered data by clicking on the "Back" button, so as to identify and correct any wrong information.

2.4.4. By clicking on the “Confirm Order” button, the Client will forward the Order to Manifattura Falomo.

 

3. PRICE AND SHIPPING COSTS

3.1. The prices of Products posted on the home page or in the various sections of the website are inclusive of VAT and do not include any taxes, duties and taxes applicable in the country of destination of the Products, where this is different from Italy, which will be charged to the Customer.

3.2. The prices of the products shown on the Website are subject to changes at any time and without prior notice, provided that, limited to orders being accepted or already accepted by Manifattura Falomo, the terms of sale in force at the time of the order by the Customer will apply, except for orders that have not been accepted.

3.3. Shipping charges are free for all purchases delivered within the Italian territory. For deliveries outside the national territory, costs will depend on the destination of the goods and will be communicated if required by the Customer. In each case, the shipment cost will be displayed automatically before the order confirmation.

 

4. SHIPPING AND DELIVERY

4.1. For deliveries, Manifattura Falomo will select the carriers to use. The products are delivered to the address indicated by the consumer on the order form and only in the geographical areas reached by carriers operating for Manifattura Falomo. Manifattura Falomo will evaluate and eventually not carry out Orders that are to be delivered outside the Italian territory with reimbursement management in case of payment made.

4.2. Delivery times require, on average, between 7 and 10 working days from the date of the order’s validation and these details are given purely for indication. Therefore, if such terms were to be exceeded, compensations or damages can not be claimed under any circumstance. In any case, in respect of the legal standard, the delivery will be made within 30 days from the contract’s  date of conclusion.

4.3. Unless otherwise specified delivery refers to ground level.

4.4. Upon delivery of the goods by the courier, the Customer is required to check: a) that the number of boxes delivered is the same as indicated in the transport document; b) that the packaging is intact, not damaged nor wet or otherwise altered, including the sealing materials (adhesive tape).

4.5. In case of a damaged product or a product that does not comply with the order, the customer shall have the possibility to refuse delivery (compulsory reference on the delivery note) and must notify Manifattura Falomo within 48 hours. In case of missing products, the customer must compulsorily report this absence on the delivery note provided by the delivery person. In case of absence of a reference on the delivery note, no claim will be taken into account either by the carrier or by Manifattura Falomo.

4.6. Any damages to the packing and/or the product or the mismatch in the number of packages or particulars, must be immediately contested by appropriately writing “ACCEPTED WITH RESERVATIONS” on the currier’s delivery note. Once signed the slip, the customer can not make any objection about the external appearance of the goods. Therefore we recommend, even when there are problems on the outside of the package, to always sign the courier’s delivery note with the words "SUBJECT TO INSPECTION". If this statement is missing and the damage of the product are encountered, the carrier will not be held responsible regardless of the presence of the insurance or not. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 48 hours from delivery.

4.7. If delivery has not been carried out after 10 working days from the notification of shipment, the customer will have to inform Manifattura Falomo by phone or contact form. A complaint will be filed with the carrier in order to know the reason of the delay.

4.8. In case of absence of the recipient, the delivery man is supposed to leave a transit notice in the customer’s mailbox. The customer will then contact the shipping agency no later than four days to request free delivery.

4.9. In the case of failure to withdraw the goods in storage at the currier’s warehouse within 5 working days because of repeated inability to deliver to the address specified by the Customer at the moment of the order, the order will be automatically canceled, the carrier will proceed to return the parcel to Manifattura Falomo. In this case, the customer is required to reimburse double shipping costs to Manifattura Falomo (shipment to the customer and return to the company).

4.10. Together with the package, you will also receive a receipt with the list of products included in the package and the details related to shipping costs.

4.11. Manifattura Falomo will not be held liable for failure or delay in delivery for reasons of force majeure, such as - by way of explanation, strikes, measures taken by Public Authority, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, flooding and damages to industrial machinery. If the force majeure persists for a period exceeding 30 (thirty) days, either party will have the right to terminate the contract. In case of withdrawal, the Customer will not be entitled for a compensation of any kind, notwithstanding entitlement to the refund of the amount already paid for the Product.

4.12. Manifattura Falomo will not be responsible for longer delivery terms which depend on the currier, particularly in cases of loss of products, bad weather or strike.

4.13. In the event of a mistake in the shipment carried out by Manifattura Falomo and a different article from the one ordered is received, please do not open the package but contact us via email at assistenza@manifatturafalomo.it. We will withdraw the product or however, give the necessary information in order to return the package and send the correct one with no additional shipping charges. If the customer were to incur costs for returning the package, they will be paid by the company.

 

5. PAYMENT

5.1. Unless the Customer chooses to use the option "Cash on Delivery", he or she will pay the full price of the Products ordered when forwarding the Order. It is understood that, in case of rejection of the Order, Manifattura Falomo will promptly repay the Customer a reimbursement with any amounts already paid.

5.2. When placing the Order, Manifattura Falomo may suggest different payment methods, such as, for example, payment by credit card (Visa, MasterCard, American Express), payment via the secure "Paypal" system, payment with prepaid card (eg. "Postepay"), payment by bank transfer and payment on delivery. The Customer must indicate the method of payment he or she intends to use among those proposed by Manifattura Falomo.

5.3. If the product is marked on the Website as "available", Manifattura Falomo will ship the article as soon as possible or, in case of payment by bank transfer, within 5 (five) working days after the confirmation of receipt of payment. The availability shown on the website is not binding as the amount shown may not correspond with the actual availability in stock. Manifattiura Falomo will not be responsible for failure or delay in delivery if the products ordered are not delivered by the supplier/producer to Manifattura Falomo or are, however, not available due to circumstances not under its control.

5.4. In any case, if the Customer is a Consumer and the unavailability of the Products does not allow the delivery of the Manifattura Falomo product within thirty (30) days from the Order’s placement by the Consumer himself, Manifattura Falomo will reimburse the Consumer any advance payments of the price within 30 (thirty) days from the day following the one on which the Order was sent.

 

6. RIGHT OF WITHDRAWAL

6.1. If the customer is a Consumer, he or she has the right to terminate the purchase contract for any reason, without the need of explanation, according to the terms and conditions set out below.

6.2. In order to exercise this right, the Consumer must send a written notice accordingly to Manifattura Falomo within 30 working days from the date of receipt of the Products, namely from the day on which the Consumer or a third party other than the carrier and indicated by the Consumer himself, acquires physical possession of the goods. The notice of withdrawal is to be sent via registered letter with acknowledgment of receipt, namely via fax or e-mail, provided that it is confirmed by registered letter with acknowledgment of receipt within 48 (forty eight) hours, to the addresses listed below.

To this end, the withdrawal form example below can be used, but it is not mandatory.

Withdrawal form example:

Manifattura Falomo Srl Via Feletti, 21

33075 Morsano al Tagliamento (PN)

E-Mail: assistenza@manifatturafalomo.it

I hereby notify the withdrawal from my contract of sale of the following goods: (indicate the goods covered by the withdrawal), ordered on the (indicate the date) and received on the (indicate the date).

Name of the consumer:

Address of the consumer:

Date:

Signature of the consumer.

 

6.3. The right of withdrawal is subject to the following conditions:

6.3.1. The right applies to the product purchased in its entirety; withdrawal can not be exercised only on a part of the product purchased;

6.3.2. Once opened, the right does not apply to packaged and sealed products that have an expiry date or a “best before” date;

6.3.3. The products must be returned intact and in the  original packaging, wherever possible, complete in all its parts (including packaging and any documentation and accessories etc ...);

6.3.4. The Consumer will be required to return the Product to Manifattura Falomo at the following addresses within the same period of 14 days after the notice of withdrawal. The Products must be returned properly packed in their original packaging, in perfect condition for resale (not ruined, damaged) and equipped with all accessories if any, instructions for use and documentation; together with the transport document (present in the original packaging), in order to allow Manifattura Falomo to identify the Consumer (Order number, last name and address).

6.4. If the returned Product is not in accordance with the requirements reported in the previous paragraph, the withdrawal will not take effect.

6.4.1. Shipping charges for the return of the good shall be borne by the customer;

6.4.2. The shipment, until the statement of receipt in our warehouse, is under the customer’s responsibility;

6.4.3. If the goods are damaged during transport, Manifattura Falomo will inform the client (within 5 working days from receiving the goods in its warehouse), in order to enable him or her to file a complaint against the carrier of his choice and obtain a reimbursement of the value of the good (if insured); in this case, the product will be made available to the customer for its return, while canceling the request for withdrawal.

6.5. Manifattura Falomo is not responsible in any way for damages or theft/loss of goods returned through uninsured shipments.

6.6. Upon arrival at the warehouse, the product will be examined to assess any damages or manipulations not caused by transport. If the product or packaging and/or the original packaging is/are damaged, namely the value results decreased because of manipulations of the goods other than what is necessary to establish the nature, characteristics and operations, Manifattura Falomo will subtract from the refund a percentage, not higher than 20%, as a contribution for restoration costs.

6.7. If the Consumer withdraws from the contract, he or she will be refunded of all payments made to Manifattura Falomo, excluding costs of delivery and return of the product, within 14 days from the day when Manifattura Falomo receives information regarding the decision to withdraw from this contract. These refunds will be made using the same means of payment used for the initial transaction, unless the Consumer expressly agrees otherwise through a communication sent via email to assistenza@manifatturafalomo.it.

6.8. The right of withdrawal is totally lost when the product returned to Manifattura Falomo lacks one of the above conditions.

6.9. In case of forfeiture of the right of withdrawal, Manifattura Falomo will return the purchased good to the sender, charging the sender all shipping costs.

6.10. The notice of withdrawal must be addressed to: Manifattura Falomo Via Feletti, 21 33075 – Morsano al Tagliamento (PN) E-Mail: assistenza@manifatturafalomo.it The items must be returned to: Manifattura Falomo Via Feletti, 21 33075 – Morsano al Tagliamento (PN)

 

7. WARRANTY AND COMPLAINT HANDLING

7.1. The legislations concerning warranty, including, if applicable, the rules laid down by the Consumer Code with regard to warranty for the Consumers, are applied to purchases carried out by Consumers.

7.2. Maximum attention has been given to the accuracy of the information presented on the site. Manifattura Falomo or its suppliers are therefore responsible for the consequences, accidents, special damages arising from electronic transmissions or the wrongness of the information transmitted. Pictures and descriptions are only examples. The colors of the foams in the photos are purely indicative and can vary as well as the colors of the fabric of linings and quiltings. The picture accompanying the description of a product may not be fully representative of its features but differ in color, size, and accessories presented in the picture. All information that support purchase is intended as mere material for general information, not due to real characteristics of a single product.

7.3. The warranty (download the warranty now) will apply to products that present lack of conformity and/or malfunctions not evident at the time of purchase, provided that the product is used properly and with due diligence and in a manner consistent with its use and as provided in any technical documentation, in compliance with the various operating rules therein. The warranty is not applicable in case of negligence and carelessness in the use, conservation and maintenance of the product or if it is connected to electrical systems or any other type of substandard connection. The warranty is personal and will apply only to the original buyer, being it restricted to direct customers and not to dealers, retailers, etc.

7.4. Manifattura Falomo invites its customer to describe in as much detail as possible the nature of the fault or defect identified and possibly transmit in attachment a copy of the Order therefor indicating the number of the Order, the number of the Consumer and any other data useful for the correct identification of the complaint. If no reply is received by the Consumer within 5 (five) working days, Manifattura Falomo invites the Consumer to solicit a response. Manifattura Falomo also advises to verify that the e-mails sent are not blocked by any "spam filters" or do not arrive correctly at destination for other technical e-mailing problems of the recipient Customer.

7.5. If the repair or replacement demanded are impossible or prohibitively expensive, or have caused significant inconvenience to the Consumer, the latter may request an appropriate price reduction or termination of this Agreement. In any case, the terminating of the Contract will not be allowed for minor defects, for which it is not possible or would be too costly to repair, or replace.

7.6. Even if faulty, is order to replace the product, at the time of dispatch it must be complete of its packaging, with all accessories and any documentation received from the customer at the time of purchase. The return of the product without the original packaging, accessories and relevant documentation prevents the replacement of the product.

7.7. Costs held for returning the goods to the sender shall be borne by the Customer.

7.8. Manifattura Falomo does not undertake responsibility for what regards quality, packaging and labeling of products, without prejudice to the Customer’s right of withdrawal.

7.9. For any requests, Manifattura Falomo invites, in any case, the Customer to contact Customer Service as follows: Manifattura Falomo E-Mail: assistenza@manifatturafalomo.it, items must be returned to: Manifattura Falomo Via Feletti, 21 33075 – Morsano al Tagliamento (PN)

 

8. COUPON VOUCHERS

8.1. Coupon Vouchers (also called Coupons, Discount coupons) can not be purchased on the Website, but are offered by Manifattura Falomo in the context of promotional campaigns, for a limited period of validity.

8.2. The Coupon Vouchers can be used only for certain types of Products, also in accordance with what will be shown on the Website.

8.3. The Coupon Vouchers, which are available on the Website or presented through promotional campaigns, are valid until the indicated date and can be used only once in an Order procedure. The Coupon Voucher can be used only before the validation of the Order (before clicking "Confirm Order", at the end of the ordering process). After this point it is not possible to apply any reduction. Please note that Coupon Vouchers can be used only for the purchase of specific Products, as it will be clearly indicated on the Website.

8.4. Coupon Vouchers are not redeemable in cash and do not accrue interest on the credit represented by the Coupon Voucher itself. The credit represented by a Coupon Voucher is not transferable. The credit represented by each single Coupon Voucher can not be accumulated.

8.5. The value of the products purchased with a Coupon Voucher must correspond at least with the same amount of the Coupon Voucher. In case of purchases totaling less than that of the Coupon Voucher, it will not be possible to refund the Customer with any remaining credit.

8.6. If the credit represented by a Coupon Voucher is less than the total price to be paid for an Order, the difference will be paid through other permitted means of payment.

8.7. The Coupon Voucher will not be refunded if the Products are entirely or partially returned.

 

9. DATA PROTECTION

9.1. Manifattura Falomo reserves the right to retain the data of each Order and the Customer’s contact details for the sole purpose of using them for the proper performance of the Order (also through the transmission to trading partners involved in the management of the payment, the execution of the Order and/or in the shipment), for any claims relating to the warranty of the good and/or recommendations or instructions to the Customer regarding the good. Data retention and processing will take place in accordance with measure regarding the protection and use of personal data by Manifattura Falomo ("Privacy Policy").

9.2. Notwithstanding the above, any use of the Customer's personal data will be subject to the provisions contained in the above mentioned privacy policy.

 

10. MODIFICATIONS OF THE SALES CONDITIONS

10.1. In case of any change of the general sales conditions, Manifattura Falomo will promptly publish the general sales conditions changed on the Website.

10.2. The general modified sales conditions will become an integral part of new Contracts, with effect from the first Order submitted by the Customer, following their publication on the Website. In the case of Orders already submitted before this notification, the previous version of the general sales conditions will apply.

 

11. CLAUSE OF REPLACEMENT

11.1. If any provision of these or future general sales conditions and/or the contract shall be or become wholly or partly invalid and/or ineffective or if there is a gap in the provisions of the general sales conditions and/or the contract, the remaining provisions of the general sales conditions and the contract will remain in any case in force and effect. It is understood that Manifattura Falomo and the Customer will commit to negotiate in good faith the integration of the gap or replacement of the invalid and/or ineffective clause in order to achieve the same results pursued by the invalid or ineffective clause and to safeguard the economic substance of the contract.

 

12. JURISDICTION AND COMPETENT COURT

12.1. The sales contract between the Customer and Manifattura Falomo is concluded in Italy and regulated by Italian law. For the solution of civil and criminal litigations arising from the conclusion of this distant contract of sale, the territorial jurisdiction is exclusively the one of the Court of Pordenone.

12.2. When the Customer is a consumer, the territorial jurisdiction is the one of the Consumer’s place of residence or domicile, if located in the territory of the Italian state.

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