1. Subject of the On-line Contract and its Definition

By on-line sales contract is meant the remote contract that is the legal transaction of stipulated movable goods and /or services between a supplier, Fabriano Boutique S.r.l., and a client in the sphere of a remote sales system organised by the supplier who, for such a contract, employs remote communication technology called the “Internet”. All contracts, therefore, will be concluded directly through access by the consumer client to the Internet site corresponding to the address www.fabrianoboutique.com, where, following the procedures indicated, the client will be able to conclude the contract for the purchase of goods.
By client is meant the physical person who buys goods and services for reasons not directly referable to the eventual carrying out of a professional activity. Here following are the conditions of sale that will remain effective until they should be changed by the supplier. Eventual alterations to the conditions of sale will be effective from the moment in which they are published on the Internet site www.fabrianoboutique.com and they apply to sales carried out from that moment onwards.

2. Placing an Order

2.1 To place an order the client must be an adult and contactable through a telephone line.

2.2 It is possible to place an order by filling in the order form available on the website www.fabrianoboutique.com, after registering or creating a personal account.

2.3 By transmitting an order the client makes a request to buy chosen goods on the basis of the present Conditions of Use. The supplier is free to accept or decline said request.

2.4 When an order is accepted the supplier will notify the client of this by transmitting an Order Confirmation via email. The Order Confirmation will be effective from the moment that it is sent. When an order is not accepted the supplier will contact the client via email or telephone.

2.5 Although we make every effort to supply the products indicated in the Order Confirmation, it may happen that we cannot supply them because, for example, such articles are no longer in production at that time or because we cannot source the appropriate materials. Or it may happen that the order is not valid due to an error in the price indicated in www.fabrianoboutique.com. In the above-mentioned cases, we will endeavour to contact you to inform you of this and propose alternative products that you might buy. In the case that you do not wish to accept our proposals, we will cancel your order for the articles that we cannot supply and the amount relative to them will not be deducted from your account.

3. Sales Prices and Purchasing Conditions

All sales prices for products indicated on the Internet site www.fabrianoboutique.com , as per public offer in article 1336 c.c., are inclusive of VAT and all other duties; the cost of transport is shown on the appropriate page of the site and the client should consult this before confirming an order; should the shipment be abroad, eventual supplementary costs due to duties and taxes under current legislation in the country of destination are the client’s responsibility. The purchase contract is finalised through the correct compilation and the consent of purchase given by agreement on-line.
The client can pay for merchandise that he wishes to order by using the payment methods indicated on-line as he makes his purchase.

4. Order Fulfilment and Conditions of Delivery

Fabriano Boutique will try to ensure the delivery of products that have been selected and ordered, under the conditions laid down in the preceding article, by courier and/or shippers. In case of absence of the client at the time of delivery, a notice of advice will be left and the client should personally contact the courier or shippers as soon as possible in order to agree a further delivery time, in the knowledge that all additional costs due to the delay of delivery will be the client’s exclusive responsibility. No blame can be attributed to the supplier for late or non delivery due to force majeure or unavoidable accident.

5. Product Availability

The client may buy products indicated in the electronic catalogue (to be found on the site www.fabrianoboutique.com) in quantities existent in the warehouse. Should the order exceed the quantity existent in the warehouse, the information system will accept the order only as far as the products are available and let the purchaser know if said product will be available in the future and the time foreseen for its provision.

6. The Supplier’s Responsibilities

Fabriano Boutique S.r.l. does not assume any responsibility for faulty service due to causes of force majeure such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods and other similar events that prevent the execution of the order, wholly or in part, in the time agreed by contract. Fabriano Boutique S.r.l. will not be responsible to any party for damages, losses and costs undergone following failed execution of the contract for above-mentioned reasons. Likewise, Fabriano Boutique S.r.l. is not responsible for the eventual fraudulent or unlawful use on payment of the purchased products made by a third party of credit cards, cheques and other methods of payment. Indeed, at no moment in the purchase procedure is Fabriano Boutique S.r.l. able to know the credit card number of the purchaser which, going through a protected connection, is transmitted direct to the banking institute that manages the service. Similarly, Fabriano Boutique S.r.l. is not able to check the correct and lawful source of the title of credit given by the client on reception of the merchandise.

7. The Purchaser’s Obligations

Once the on-line purchasing procedure is completed, the client undertakes to print and keep the general conditions here laid down, that, moreover, he or she will have consulted and accepted as an obligatory passage of purchase, besides the specifications of the product purchased, so as to entirely satisfy the conditions as per art. 3 and 4 of Decreto Legislativo. n° 185/1999.

7.1 It is severely prohibited to use false and/or invented data in the registration procedure necessary to activate the passage for the execution of this contract and relative communications; personal data and email must be exclusive and real personal data and belonging no third party, nor made up. It is expressly forbidden to effect double registrations for the same person or to enter details of a third party. Fabriano Boutique S.r.l. reserves the right to legally prosecute any violation or abuse in the interests and for the protection of all consumers.

8. Authorisation

Payment may be made exclusively by credit card, and only after the procedure of registration has been carried out. By filling in the registration section on our site you authorize Fabriano Boutique S.r.l. to use your credit card details, or those of a substitute credit card given, to debit your account of the total amount of your on-line purchase in favour of Fabriano Boutique S.r.l. The registration procedure goes through a protected direct link to the banking institute Istituto Bancario Banca Sella S. p A. who own and manage the payment on-line service, to which Fabriano Boutique S.r.l. has no access.
Please bear in mind that you will be charged for your purchases and relative shipment costs only after our confirmation of your order.
Should the client wish to make use of the right of withdrawal, as laid out in point 12 of the present general conditions, the amount to be reimbursed will be credited to the same credit card.

9. Subscription and Use of Personal Data

Personal data is required for the purpose of registering the client and activating procedures for the execution of this contract and necessary relative communications; such data is used electronically according to current law and can only be displayed at the request of judicial authorities or other authorities necessitated by law.
Personal data will be communicated to delegates for the execution and completion of the stipulated contract and given out exclusively in the limits of such an end.
The client enjoys the right expressed in art. 13 L. 675/1996, that is: to ask confirmation by letter or fax if Fabriano Boutique S.r.l. holds his/her personal data; to know the origin, the reasons and use; to obtain an up-date, to rectify or integrate the data; to ask it to be deleted, altered to an anonymous form or to be blocked in case of unlawful use; to oppose their use for legitimate reasons or in the case of the use of the data to send publicity material, commercial information, market research, direct sales and interactive commercial communications.

10. Right of Withdrawal

If for any reason the client is not satisfied by the purchase made, he/she has the right to withdraw from the stipulated contract, with no penalty and without specifying the reason.

10.1 Terms
Within ten working days of the date of the receipt of products purchased.

10.2 Conditions
Intention of withdrawal should be made within the above-mentioned terms through a registered letter with proof of receipt, specifying all the details of sale: sender, invoice number, order number - sent to the following address:

Fabriano Boutique S.r.l.
Via G.P. da Palestrina, 48
00193, Roma (RM)

A telegram or fax may be sent within the same time limit, which must be followed, within 48 hours, by the registered letter with proof of receipt to confirm the intent of withdrawal.
Still within ten working days, Fabriano Boutique S.r.l. must receive all the goods purchased, whole, in their original packaging and complete with any eventual manuals, with nothing missing.
Costs of returning merchandise are the responsibility of the client and will not be reimbursed by Fabriano Boutique S.r.l. should the goods be lost or damaged. The following must be clearly written on the parcel: “Object: withdrawal, order number, invoice number sender”.
Once the merchandise has been received, Fabriano Boutique S.r.l. will issue a credit note for the amount spent by the client. Should the client decide not to purchase within thirty days, the money will be reimbursed.

10.3 No Right of Withdrawal
There is no right of withdrawal if a purchase is made for reasons inherent to the client’s working activity and if a fiscal invoice has been issued by the supplier.
The right of withdrawal is also denied in the case of goods that have been made to measure or personalised, or goods which, by their nature, cannot be returned or risk rapid deterioration or alteration.

11. Use of Personal Data

Personal data is required for the purpose of registering the client and activating procedures for the execution of this contract and necessary relative communications; such data is used electronically according to current law and can only be displayed at the request of judicial authorities or other authorities necessitated by law.
Personal data will be communicated to delegates for the execution and completion of the stipulated contract and given out exclusively in the limits of such an end.
The client enjoys the right expressed in art. 13 L.675/1996, that is: to ask confirmation by letter or fax if Fabriano Boutique S.r.l. holds his/her personal data; to know the origin, the reasons and use; to obtain an up-date, to rectify or integrate the data; to ask it to be deleted, altered to an anonymous form or to be blocked in case of unlawful use; to oppose their use for legitimate reasons or in the case of the use of the data to send publicity material, commercial information, market research, direct sales and interactive commercial communications.
Fabriano Boutique S.r.l. is responsible for assembling and using clients’ personal data.