Fab Italy Design
The offer of this online store is proposed by the company Fab Italy Design in accordance with the current regulations on electronic commerce and distance contracts.
Fab Italy Design is the official authorized dealer of all the Brands on the site.
Fab Italy Design
Via Legnano 32
98121 Messina – Italy
Tel: +39 090 57924
The Customer declares to have read all the aforementioned information and general conditions of sale before placing the order.
General conditions of Sale
These general conditions govern the methods of sale of the products marketed by Fab Italy Design (the “Products”).
All contracts for the sale of Products by Fab Italy Design to third parties (the “Customers”) are governed by these General Conditions, which form an integral and substantial part of every proposal, order and order confirmation for the purchase of the Products. themselves. The conditions of sale applicable to orders are those in force on the date of the order.
1. Products: prices and features
Unless otherwise indicated, the prices of the Products published on the site by Fab Italy Design are expressed in Euros and include VAT. Shipping costs are excluded.
Shipments outside the European Community (extra EU) are also net of any customs duties, which will be charged to the recipient and will be requested by the shipper during the delivery phase.
The guaranteed price to the buyer is the one published on the Site at the time the order is sent. The purchase price is fixed and final.
The prices of the Products published from time to time by Fab Italy Design on the site cancel and replace the previous ones and are subject to the actual availability of the Products.
The technical and functional characteristics relating to the Products, published by Fab Italy Design through its information messages on the internet pages describing the articles, are those communicated by the respective manufacturers. Fab Italy Design assumes no responsibility for the truthfulness and completeness of such information. The images of the products are indicative and not binding.
The Products are not provided on trial. Although Fab Italy Design operators can provide information on the characteristics of the Products, the Customer is responsible for the choice of the Products ordered and for the correspondence and conformity to their needs of the specifications indicated by each manufacturer.
2. Orders – billing
Each order of Products sent to Fab Italy Design constitutes the Customer’s contractual proposal. The fulfillment of the order by Fab Italy Design is equivalent to confirmation and acceptance of the same.
The fiscal documentation relating to the ordered Products will be issued by Fab Italy Design at the time of shipment of the Products to the Customer.
The Customer must indicate the exact data necessary for billing and specify the shipping address of the invoice itself.
3. Execution of the order
The order will be executed within the terms specified on the Site.
Once confirmed, the order can only be canceled within 24 hours, after which the customer is obliged to pay. In compliance with the relevant laws, the customer can still withdraw from the contract within 14 days, following our Return Policy (See point 9).
In case of non-execution of the order by Fab Italy Design (if the same is due to unavailability of the Products ordered by the Customer), Fab Italy Design will as soon as possible inform the Customer of the expected delivery times for the supply of the Missing product. If the Customer does not intend to wait for this time, in any case not exceeding 30 working days, Fab Italy Design will reimburse any sums already paid by them for the supply not carried out.
In case of breakage, out of stock or unavailability of the ordered Product, Fab Italy Design undertakes to inform the Customer as soon as possible and to specify a deadline for availability.
The Customer will confirm his choice by e-mail, i.e. wait for the availability of the Product or request a refund.
4. Order acceptance
The conclusion of the contract will take place only upon confirmation of the order by Fab Italy Design.
The Customer will receive by fax, mail or e-mail a notification of receipt showing the order confirmation with all the constituent elements of the contract (products, prices, delivery dates, shipping costs, …)
Fab Italy Design reserves the right not to confirm an order for any reason relating in particular to a problem regarding the order received or the supply of Products.
5. Delivery of Products
The Products are delivered to the address indicated by the Customer.
Shipments will take place after receiving confirmation of payments: for the bank transfer the crediting to our current account is valid, for the payment by credit card the confirmation of the transaction by the circuit.
For our shipments we rely on the service of qualified express couriers such as GLS or Couriers specialized in the delivery of furniture and furnishings to guarantee the quality of the service and the integrity of the Products.
– Standard delivery
The delivery of products available in stock is made by express courier within 2 working days in Italy, within 5 working days in Europe, within 6 working days for all other destinations. In the case of bulky orders and / or particularly fragile products, the shipment is made by specialized couriers with delivery times varying in relation to the volume and destination of the goods. The shipping term of an order containing items with different delivery times is equal to the longest shipping term of the items in the order.
For example, a customized product, with availability of 2-3 weeks, will be available in logistics within a maximum of 3 weeks of order confirmation. From the arrival of the goods in the warehouse, the standard shipping times will be calculated with delivery within 2 working days for Italy, 5 working days in Europe and 6 working days for all other destinations.
The shipping term of an order containing items with different delivery times is equal to the longest shipping term of the items in the order. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products, nor to claim compensation or compensation of any kind.
Fab Italy Design has the right to make, if it deems it appropriate, the request for delivery of the Products (also relating to the same order) in several successive stages.
Delivery is considered to have been made from the moment the Product is delivered to the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods.
– Deliveries to the Floor and Assembly
Deliveries are to be intended exclusively at street level and the collection of used vehicles is not foreseen.
Most of our products travel pre-assembled: assembly is in most cases quite simple and consists in assembling pre-defined pieces.
It is important to know that:
Upon delivery, the Customer must check the content, compliance and status of the Product (s). Therefore, upon delivery, Fab Italy Design recommends that the Customer proceed to check the status of the Products delivered before signing the acknowledgment of receipt, and to ensure in particular:
– that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;
– that the packaging is intact, not damaged, wet or otherwise altered, and to check the integrity of the contents.
If the Customer finds anomalies, he is obliged to refuse the delivery of the products or to put his reservations in writing in a detailed and dated document. If the courier’s document is signed without affixing any “reserve”, the Customer will not be able to make any objection about the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days of delivery.
Fab Italy Design has the right, at its sole discretion, to deliver the ordered Products by means of a courier of your choice.
6. Collection of products in case of absence of the customer
In case of absence of the recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the Customer. The Products must be collected at the address and in the manner indicated by the carrier.
In case of failure to collect within the term established by the carrier, the Products will be returned to Fab Italy Design, which reserves the right to reimburse the price of the Products, leaving the shipping costs to be paid by the Customer.
In the event of an error regarding the Product, the Customer undertakes to return said Product or Products concerned to Fab Italy Design within 7 (seven) days of receipt, with the closed package, in their original state and packaging and with the accompanying documents.
Once the Product has been received in the correct form and manner, Fab Italy Design will return, at its own expense, the Product initially ordered.
7. Force majeure
In addition to those normally considered by the jurisprudence, the following cases are explicitly considered as cases of force majeure:
– total or partial strikes, internal or external to the company, the blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular the internet.
In the event of force majeure, the execution of the order will be suspended, initially, in full right.
If after a period of 3 (three) months and the parties ascertain the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both parties.
8. Product Warranties – Technical assistance
Fab Italy Design guarantees only the material integrity of the Products at the time of delivery (hereinafter, the “Fab Italy Design Guarantee”).
8.1 Any defects covered by the Fab Italy Design Guarantee must be reported by the Customer, under penalty of forfeiture, no later than 10 (ten) days from the date of delivery. In case of operation of the Fab Italy Design Guarantee, the Customer will be entitled only to the replacement of the damaged Products upon return of the same, being excluded the Customer’s right to compensation for any damage, even further. The shipping costs necessary for the replacement of Products are borne by Fab Italy Design.
8.2 Without prejudice to the provisions of article 8.1 above, Fab Italy Design does not provide any additional guarantee on the Products with respect to that provided by the individual Manufacturers. Technical assistance and warranty interventions on the Products are carried out, where required, by the individual Manufacturers, according to the terms and methods indicated in the documentation attached to the Products themselves. In particular, Fab Italy Design does not provide any guarantee regarding the compatibility of the Products with other Products or equipment used by the Customer, nor does it provide any guarantee regarding the suitability of the Products for the specific use intended by the Customer.
8.3 Without prejudice to the hypothesis of willful misconduct or gross negligence by Fab Italy Design, it is henceforth agreed that, should Fab Italy Design’s liability in any capacity towards the Customer be ascertained – including the case of total or partial non-fulfillment , to the obligations assumed by Mohd On Line Store towards the Customer as a result of the execution of an order – the responsibility of Fab Italy Design cannot exceed the price of the Products purchased by the Customer and for which the dispute has arisen.
9. Right of withdrawal
9.1 Pursuant to art. 5 of Legislative Decree 22 May 1999 n. 185, the Customer (if he qualifies as a “consumer” pursuant to article 1 letter b) of Legislative Decree 22 May 1999 n. 185) has the right to withdraw from the contract and to return the ordered Products, without any penalty and without specifying the reason, within 14 (fourteen) days from receipt of the Products.
9.2 The right of withdrawal referred to in Article 9.1 above can be exercised by the Customer, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform us by means of an explicit declaration, no later than the times indicated above, for example:
by mail: Fab Italy Design – Via Legnano 32 – 98121 Messina – Italy
by email: firstname.lastname@example.org
To this end it is possible to use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
9.3 Effects of withdrawal
By withdrawing from the contract, all payments made in our favor will be reimbursed to the Customer, including delivery costs (with the exception of additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day we are informed of the decision to withdraw from this contract.
These refunds will be made using the same payment method used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, it will not have to incur any costs as a consequence of this reimbursement.
The reimbursement may be suspended until the goods are received or until the consumer demonstrates that he has returned the goods, whichever is the earlier.
9.4 Returned goods must be returned or delivered to us at the address
Fab Italy Design – Via G. Fara 10 – 20124 Milan – Italy
without undue delay and in any case within 14 days from the day on which the Customer communicated his withdrawal from this contract. The deadline is met if the goods are returned before the expiry of the 14-day period.
The direct costs of returning the goods will be borne by the customer.
9.5 The Customer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The returned goods must be returned in resalable conditions.
9.6 The right of withdrawal referred to in article 9.1 above cannot be exercised by the Customer if the Products purchased have been made according to the Customer’s requests, are personalized, or may deteriorate or expire rapidly.
9.7 Fab Italy Design recommends the Client to:
– check the status of the Products delivered before signing the acknowledgment of receipt, and in particular that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;
– check that the packaging is intact, not damaged, wet or otherwise altered;
– check the integrity of the content.
If any discrepancies are found, the Customer may refuse to accept the package by signing his refusal.
The payment of the consideration is due at the time of the order.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport) as well as, if necessary, to pay or have the VAT or other taxes relating to the import paid directly to the courier or carrier. of the Products in the countries where the delivery will take place.
The Customer pays the order:
– by credit card as proposed on the Site.
The Customer guarantees Fab Italy Design that he has the necessary authorizations to use the card payment method when ordering.
– or by bank transfer in favor of Fab Italy Design
In case of non-receipt by Fab Italy Design of the transfer within 14 days following the confirmation of the order, Fab Italy Design reserves the right to cancel the order. The bank details are provided at the time of the order.
– or through Paypal.
The Customer guarantees Fab Italy Design that he has the necessary authorizations to use the Paypal payment method when ordering.
11. Non-payment – Retention of title
The ordered Products remain the property of Fab Italy Design until the final and full payment of their price (pursuant to Art. 1523 and following of the Italian Civil Code.) Fab Italy Design reserves the right to claim the ordered Products in case of non-payment.
In this case and at the request of Fab Italy Design, the Customer undertakes to return any unpaid Product, at his own expense.
Complaints for non-compliance of the Product or Products delivered with the order must be sent in writing directly to Fab Italy Design immediately after receipt of the goods. Email: email@example.com
We advise the Customer to keep the original packaging and the delivery document.
13. Nominative information
The computerized processing of information, including the management of the e-mail addresses of users of the site, is carried out in compliance with the provisions of the law.
The nominative information requested from the Customer is essential for the processing and forwarding of orders, the creation of invoices and any warranty contracts.
For this purpose, such information may be disclosed to the contractual partners of Fab Italy Design.
The Customer can oppose such communication and according to the law he avails himself of the right of access, modification, rectification and cancellation of the data concerning him by contacting Fab Italy Design, Via Legnano 32 98121 Messina – Italy.
To avoid any attempt of fraud, Fab Italy Design may ask you for proof of your identity, of your domicile.
14. Electronic signature
The “validation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
15. Failure to waive
For Fab Italy Design, the fact of not asserting a lack on the part of the Customer with respect to any of his obligations, cannot be interpreted as a waiver of the obligation in question and the possibility of asserting this lack at a later time.
16. Integrity of the contract
These general conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the Customer may enter or be outside these general conditions.
17. Intellectual Property
Fab Italy Design is the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the online store catalog, consequently, the partial or total reproduction, on any type of support, of the elements that make up the Site and the catalog, their use as well as their transfer to third parties are formally prohibited.
If one or more provisions of these general conditions are considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined pursuant to Article 1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute related to these General Conditions will be devolved to the exclusive jurisdiction of the Court of Messina.
Pursuant to and for the purposes of articles 1341 and 1342 of the civil code, the Customer declares to have carefully read and understood and specifically accept the following clauses of the Mollura & C. SPA General Conditions of Sale: 1-2-3-4 -5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.