General conditions of Sale
1. DEFINITION AND PURPOSE OF THE CONTRACT
1.1 This agreement (hereinafter referred to as the “Contract”), as a distance contract, is governed by art. 50 of the legislative decree 6 September 2005, n. 206 (“Consumer Code”). The object of this binding negotiation is the sale of personal goods between the company Fimelato Srl, Via della Valverde 59, 37122 Verona, VAT number 04633500238 (“Fimelato”) and the consumer (the “Customer”). be concluded directly with the acceptance by Fimelato of the sales proposal issued by the Customer by telephone or through the site www.fimelato.com (“Website”) and / or through other distance selling systems of Fimelato, based on formalities described in the following article 3.
1.2 These sales conditions (“Terms of sale”) and, in particular, the information pursuant to art. 59 of the Consumer Code, as envisaged by Fimelato during the sale, repeated by telephone to the Customer and indicated on the site, will remain valid and effective until changes and / or additions are made by Fimelato. Any changes and / or additions to the Conditions of Sale will be effective from the date on which they will be communicated to the public and will be applied to sales made from that date onwards. The latest version of the Terms of Sale is available on the site.
2.1 The prices of the products shown during the sale, on the Site and / or through any other distance selling systems of Fimelato are inclusive of VAT and all other taxes. Shipping costs are indicated during the purchase, on the Site and / or through any other distance selling system of Fimelato. The sales prices of the products shown during the sale, on the Site and / or through any other distance selling system of Fimelato, include VAT and / or any other tax. Shipping costs are indicated during the purchase, on the Site and / or through any other distance selling system of Fimelato.
2.2 The prices of all products must be intended inclusive of VAT and / or any other tax. In addition to the price of the product, at the end of the purchase process there may be the addition of the shipping cost, based on the customer’s address.
3. PURCHASE AND PAYMENT METHODS
3.1 The contract is finalized at the time of payment, with the confirmation of the customer order sent to the customer.
3.2 The customer has 24 hours to withdraw from the contract thus obtaining a full refund of the amount paid, without any penalty and without having to specify the reason, and in any case will be made on the same vehicle used at the time of booking. After 24h it will no longer be possible to withdraw from the contract because the processes of elaboration and creation of tailor-made clothes will be started.
3.3 The Customer can choose one of the following payment methods: by credit card, prepaid card, Paypal, bank transfer, Bitcoin or any other payment method that Fimelato expressly accepts on its website or by telesales services. No commission will be applied to the customer for any of the payment methods used.
3.4 If the customer purchases more than one item in the same category of products for the first time, Fimelato will initially proceed with the personalization of a single item (after receiving the customer’s confirmation), to be sure that the suit is correct. As soon as the customer confirms it, Fimelato will proceed with the remaining tailoring garments.
3.5 It is forbidden to create multiple profiles connected to a single person and / or to the related setting of anatomical measurements. Any profile that does not comply with this rule will be suspended. Any right of withdrawal / refund required for orders made with irregular profiles will be refused. If discount codes have been used to make purchases from irregular profiles, you will be required to reimburse the amount of the discount applied. In case of non-payment, the order cannot be sent to the customer.
3.6 If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize this transfer.
4. SHIPMENT – COMPLAINTS
4.1 At the time of purchase, the time required to create custom-made clothes will be indicated. Fimelato will send the clothes to the address indicated by the Customer within 60 days from the stipulation of the Contract *. During the creation of the clothes, the Customer can be informed about the status of the order by accessing his personal page on the Website (Account-Orders).
* The shipping date varies depending on the payment method used and the date on which the body’s measurements are confirmed. During holidays there may be delays due to the closure of textile industries. Any change in the delivery date will be communicated to the Customer by e-mail.
4.2 At the time of shipment, the Customer will receive an email to the address indicated at the time of purchase containing the tracking number with which the customer can monitor the progress of his shipment.
4.3 If the Customer does not receive his goods or the shipment is delayed without being communicated, the Customer can write to firstname.lastname@example.org and obtain information on the progress of his order.
4.4 Each product manufactured by Fimelato follows a specific non-industrial process. This implies that a tolerance of 1 cm is expected and permitted with respect to the measurements used for the customer’s paper model.
4.5 Fimelato constantly invests in the photographic representation of its products, in order to make it as realistic as possible. However, due to the digital rendering of the images on the network, the different light settings of the screens or other external factors, the representation of the product online may not be completely in accordance with reality. Proceeding with the purchase, the customer accepts that there may be small discrepancies in this regard.
4.6 Any complaints can be sent by registered letter with return receipt. to the following address: Fimelato Srl, Via della Valverde 59, 37122 Verona, VAT 04633500238.
5. CUSTOMER’S OBLIGATIONS
5.1 The Customer affirms and certifies: (i) to be a consumer as established by art. 3 of the Consumer Code; (ii) be an adult, (iii) that the details provided for the execution of the contract are true and correct.
6. RIGHT OF WITHDRAWAL
6.1 The Customer has the right to withdraw from the Contract, without any penalty and without having to specify the reason, within 24 hours of order confirmation. The customer can exercise his right of withdrawal within the term by telephoning or sending an e-mail expressing his will to withdraw from the contract. Once the production of clothes begins, it will no longer be possible to stop it.
6.2 According to the article. 59, second paragraph, of the Consumer Code, the Customer does not have the right of withdrawal in case of delivery of tailor-made clothes. In any case, Fimelato provides for the possibility of reimbursement of the amount following the restoration of the goods within 30 days of receipt, if the garments have imperfections or adaptation problems. In this case the Customer should do as follows:
– Request the reimbursement form from email@example.com, fill it in and send it back to the same email attaching 3 photos of the clothes worn (front, side, back) so that the defect is visible.
– The complaint will be examined and approved by Fimelato employers, who will inform the customer of their approval.
– The clothes to retune must be inserted in the original packaging and sent at their own expense, together with the approval form, with a traceable shipping method to the following address:
Via della Valverde 59
Within 7 working days from receipt of the clothes you will be credited with the amount using the same method you used at the time of purchase.
6.3 Any product sent without following the aforementioned instructions will not be accepted and will be returned to the customer, without issuing any refund.
6.4 The goods must be sent intact (ie not used and complete with all original packaging and accessories) together with the approved refund form.
6.5 If the conditions are met, the customer has the right to obtain a refund of the total amount, excluding shipping costs. Coupons or discounts used to purchase clothes will be replaced with new ones to be used for future purchases. The customer must return all purchased items, if they are part of a promotion, to get a full refund. All items stored by the customer will be charged at the full market value.
7. PLACE OF JURISDICTION
7.1 The contract is under the jurisdiction of Italian law.
7.2 Any dispute concerning the application, execution, interpretation and violation of the Contract will be under the jurisdiction of the Court of Milan.