Terms of service
These general conditions regard the purchase of products done remotely by means of a telematic network through the www.flokysocks.com website which belongs to COFFINARDI & DELPANNO INDUSTRIES Srl with registered office in Via Orzinuovi, 20 - 25125, Brescia (BS) – VAT number 04044270983.
The purchase transactions will be governed by the provisions of Legislative Decree 206/05, while the protection of confidentiality (privacy) will be subject to the discipline of Legislative Decree. 196/03. These general conditions are valid as of 08/08/2011. They may be updated or changed by COFFINARDI & DELPANNO INDUSTRIES Srl at any time, without notice, and will be valid from the date of publication on the website www.flokysocks.com. The consumer undertakes and is obliged, whenever there is a change in these general conditions, to take note of them and if they deem it appropriate, to print and store them.
An online sales contract means a distance contract stipulated between a supplier, COFFINARDI & DELPANNO INDUSTRIES Srl with registered office in Via Orzinuovi, 20 - 25125 Brescia (BS), and a customer consumer, as part of a distance sales system organized by the supplier, namely, the legal store for movable goods and/or services, which for said contract uses solely distance communication technology known as the internet.
A consumer means a natural person who purchases goods and services for purposes not directly related to any professional activity carried out.
ART. 1: ACCEPTANCE OF THE TERMS OF SALE
1.1 The conditions set out in the introduction are an integral and essential part of this contract.
1.2 All contracts will be concluded directly through access by the Customer (businesses and individuals) to the Website corresponding to the address www.flokysocks.com. At this point, the Customer may conclude the contract for purchasing the desired product carefully following the directions and procedures provided.
1.3 These general conditions of sale must be reviewed online by the customer, before completing the purchase procedure. The forwarding of the order confirmation therefore implies total knowledge of the same and their full acceptance.
1.4 The customer, with the electronic sending of the confirmation of their purchase order, accepts unconditionally and undertakes to observe, in its relations with COFFINARDI & DELPANNO INDUSTRIES Srl, the general and payment conditions described below, declaring that they have read and accepting all the indications provided by them pursuant to the rules referred to above, also noting that COFFINARDI & DELPANNO INDUSTRIES Srl does not consider itself legally bound to different conditions if not previously agreed upon in writing.
ART. 2: SALE PRICES AND METHODS OF PURCHASE
2.1 All sale prices of the products displayed and indicated on the website www.flokysocks.com for which they constitute an offer to the public pursuant to art. 1336 c. c., are not inclusive of VAT and any other tax.
2.2 The total cost of shipping to the customer's home is at the customer’s expense, unless otherwise specified. This cost will, in any case, be disclosed to the customer before confirming the purchase.
2.3 The purchase contract is finalized by means of the exact compilation and consent to the purchase shown through acceptance given online after registering.
2.4 The customer may pay for the ordered goods using the payment methods indicated online at the time of purchase.
2.5 The prices for the different types of transport refer to the weight, volume and delivery destination.
Art. 3: DELIVERY METHODS
3.1 COFFINARDI & DELPANNO INDUSTRIES Srl will deliver to customers, at the address indicated by the customer, the selected and ordered products, in the manner provided for in the previous article, by couriers.
3.2 The purchased goods will be delivered within the deadlines provided for by art. 6 of the Legislative Decree 206/05. No responsibility may be attributed to the supplier for a delayed delivery or non-delivery due to force majeure or unforeseeable circumstances. Specifically: check the availability in the warehouse, COFFINARDI & DELPANNO INDUSTRIES Srl will immediately process the order, to the address indicated on the form. Some products may require a few additional days due to availability and for technical processing and packaging times.
The normal delivery times for the Italian territory, once shipped, require that the goods be shipped within 24/48 hours (weekends and public holidays are not considered). In special cases, and if you live in the islands or in an outlying area, delivery times can be extended up to 72/96 hours. Delivery times for areas abroad may vary depending on the destination area, starting from a minimum of 3/5 working days from the time of shipment.
3.3 The customer is expected to verify, upon receipt, the conformity of the product delivered to them with the order placed; only after said verification, and without prejudice, of course, to the right to withdraw provided for in point 8, the customer must sign the delivery documents.
3.4 At the time of delivery of the goods, the customer must verify the intactness of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In the event of non-conformity, it must be indicated on the same accompanying document and confirmed, within seven days by fax or registered letter with return receipt to COFFINARDI & DELPANNO INDUSTRIES Srl. Even if the packaging is intact, the goods must be checked within seven days of receipt. Any hidden anomalies, must be reported in writing by fax or registered letter with return receipt. Any claims made beyond these deadlines will not be taken into account. For each declaration, the customer assumes full responsibility for what is stated.
3.5 Home delivery, unless otherwise agreed upon in writing between the parties, will be made on ground floor and during office hours: from 8.00 am to 1.00 pm and from 2.00 pm to 6.00 pm, every day, and not public holidays, from Monday to Friday.
3.6 COFFINARDI & DELPANNO INDUSTRIES Srl is not responsible for damage caused by the courier to the products purchased.
ART. 4: PRODUCT AVAILABILITY
4.1 • The customer can purchase only the products currently appearing in the electronic catalogue of COFFINARDI & DELPANNO INDUSTRIES Srl visible online at (URL) www.flokysocks.com. If the request made through an online order exceeds the quantity available for a given item, COFFINARDI & DELPANNO INDUSTRIES Srl will accept the purchase limited to what is actually available in its virtual warehouse. COFFINARDI & DELPANNO INDUSTRIES Srl customer service will notify the customer (by phone or e-mail) whether or not the products ordered will be available in the future.
ART. 5: RESPONSIBILITY
5.1 COFFINARDI & DELPANNO INDUSTRIES Srl assumes no responsibility for disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the contract from being fulfilled within the agreed timeframe.
5.2 COFFINARDI & DELPANNO INDUSTRIES Srl will not be liable to any party or third parties for damages, losses and costs incurred as a result of the non-fulfilment of the contract for the aforementioned
causes, with the consumer only being entitled to a refund of the price paid.
5.3 COFFINARDI & DELPANNO INDUSTRIES Srl is not responsible for any fraudulent and unlawful use by third parties, of credit cards, checks and other means of payment, when payment of the purchased products is made. COFFINARDI & DELPANNO INDUSTRIES Srl is at no time during the purchase procedure able to know the credit card number of the buyer which is transmitted directly to the bank service operator through a secure connection.
ART. 6: BUYER OBLIGATIONS
6.1 The consumer undertakes and is obliged, once the online purchase procedure has been completed, to print and keep these general conditions, which, moreover, they have already seen and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the condition pursuant to art. 3 and 4 of Legislative Decree 206/05.
6.2 These general conditions may be updated or changed at any time by COFFINARDI & DELPANNO INDUSTRIES Srl which will communicate them through its website. The consumer undertakes and is obliged, whenever there is a change in these general conditions, to print and keep them.
6.3 The buyer is strictly prohibited from entering false, and/or invented, and/or fictitious data into the registration procedure necessary for activating the process for carrying out this contract and further related communications; personal data and e-mail must be exclusively one’s true personal data and not of third parties, or fictitious ones.
6.4 It is expressly forbidden to carry out double registrations corresponding to a single person or enter third-party data. COFFINARDI & DELPANNO INDUSTRIES Srl reserves the right to legally prosecute all violations and abuses, in the interest and for the protection of all consumers.
6.5 The Customer relieves COFFINARDI & DELPANNO INDUSTRIES Srl of any responsibility arising from the issuance of incorrect fiscal documents due to errors related to data provided by the Customer, as the Customer is solely responsible for entering it correctly.
ART. 7: THE RIGHT TO WITHDRAW
7.1 Pursuant to art. 5 of Legislative Decree 206/05, the customer may exercise the right to withdraw, returning the received goods and obtaining a refund of the price paid.
7.2 If for any reason whatsoever, should the consumer not be satisfied with the purchase made, they have the right to withdraw from the stipulated contract, without penalty and without specifying the reason, within 10 working days from the day of receipt of the purchased good.
7.3 All costs of returning products are at the expense of the customer who, directly or by other means, will have them delivered to the seller's domicile; all items must be returned in the same conditions they were received, with the original packaging and any manuals and/or instruction booklets that are part of the product pack and the original packaging; returning the goods in other conditions is not allowed.
7.4 In order to exercise the right to withdraw, the customer must, by the aforementioned deadline, send a registered letter with a return receipt to the following address: COFFINARDI & DELPANNO INDUSTRIES Srl Via Orzinuovi, 20 25125 Brescia (BS). We will therefore refund the amounts paid by the Customer in the shortest time possible, and in any case within 30 days from the date of receipt of the above communication, retaining only the amount for the cost of shipping, which remains definitively at the Customer’s expense. The right of withdrawal applies only to goods that are intact at the time of return and cannot be exercised for products which, by their nature, cannot be sent back or are likely to alter or deteriorate rapidly.
7.5 COFFINARDI & DELPANNO INDUSTRIES Srl will accept the returned goods, reserving the right to ascertain that the products have been returned in their original condition and with the original packaging; only in this case will it send the amount paid by the consumer to purchase the products.
7.6 The expenses for transport incurred for the delivery of the product to the customer and for any returns to COFFINARDI & DELPANNO INDUSTRIES Srl are non-refundable.
ART. 8: AUTHORISATIONS
8.1 By filling in the appropriate space found on the website, the Customer authorises COFFINARDI & DELPANNO INDUSTRIES Srl to use their credit card, or another card issued in its place, and to charge to its current account in favour of COFFINARDI & DELPANNO INDUSTRIES Srl the total amount specified as the cost of the purchase made "online". The entire procedure is done through a secure connection directly connected to the banking institution owner and manager of the online payment service, to which COFFINARDI & DELPANNO INDUSTRIES Srl has no access.
8.2 Should the consumer avail themselves of the right to withdraw, as expressed in point 8 of these general conditions, the amount to be refunded will be credited to the same credit card.
ART. 9: CONTRACTUAL TERMINATION AND EXPRESS TERMINATION PROVISION
9.1 COFFINARDI & DELPANNO INDUSTRIES Srl has the right to terminate the stipulated contract by giving simple communication to the customer indicating the reason; in this event the customer will be entitled exclusively to be refunded any sum already paid.
9.2 The obligations undertaken by the customer referred to in art. 7 (Buyer Obligations), as well as the guarantee of an effective payment that the customer makes with the means referred to in art. 2, are essential, so that by express agreement, the failure of the Customer to fulfil only one of those obligations will result in the termination of the contract under art. 1456 c.c., without the need for judicial ruling, without prejudice to the right for COFFINARDI & DELPANNO INDUSTRIES Srl to take legal action for compensation for further damages.
9.3 COFFINARDI & DELPANNO INDUSTRIES Srl fully respects your privacy. The data you will send to us will be processed through electronic means and will be used by COFFINARDI & DELPANNO INDUSTRIES Srl only to allow us to manage orders and shipments. In accordance with Legislative Decree 196/03 Code on the protection of personal data, all information relating to personal data, orders and payments made is strictly confidential. Please be assured that under no circumstances and for no reason will we disclose personal data to third parties outside of COFFINARDI & DELPANNO INDUSTRIES Srl.
If you so desire, you can ask to receive information on new developments, special offers and new product ranges, in order to offer you continuously complete service, by writing to firstname.lastname@example.org. If you do not wish to receive informative messages in the future, you may send an e-mail to email@example.com, entering this indication in the subject of the message. All details relating to the processing of personal data according to Italian legislation can be consulted on the website www.garanteprivacy.it.
Art. 10: JURISDICTION AND COMPETENT COURT
10.1 Any disputes regarding the application, execution, interpretation and violation of purchase contracts stipulated online through the www.flokysocks.com website are subject to Italian jurisdiction; these general conditions are set out, while not expressly provided for therein, in the combined provisions of Legislative Decree no. 50 of 15.1.1992 and Legislative Decree 206/05.
10.2 For all disputes between the parties concerning this contract, the court in whose district the consumer has their domicile will be competent; for all other customers (foreign customers or companies) it is agreed that all disputes will be the exclusive competence of the Court of Brescia.