Terms of Sale

Introduction

These general terms and conditions of sale (hereinafter "Terms and Conditions") govern the sale of products by shop.fraccarospumadoro.it. All product purchase contracts concluded via the shop.fraccarospumadoro.it site between the seller and the customer will be governed by these Terms and Conditions according to the procedures specified therein.


1. Conclusion of the contract and acceptance of the general terms and conditions of sale

The assortment of products displayed in the online shop at the aforementioned internet address does not constitute an offer to the public as per art. 1336 of the Commercial Code. It is subject to change and is not binding. Fracccaro Spumadoro S.p.a reserves the right to accept the order at its sole discretion.

The contract with Fracccaro Spumadoro S.p.a is completed when the company accepts the customer’s offer by sending the products ordered by the Customer. By placing an order using one of the various modes, the Customer declares to have read all of the information provided during the purchase process and to fully accept the general terms and conditions of sale and payment provided below.

If the customer is a consumer (i.e. a natural person purchasing merchandise for purposes not related to any professional activity), after completing the on-line purchase procedure, he/she must print or save an electronic copy and retain these general terms and conditions of sale, in accordance with Articles 50 et seq. of Legislative Decree no. 206/2005 on distance selling.

The Customer is not entitled to damages or compensation, and the company accepts no contractual or non-contractual liability for direct or indirect damages to persons and/or things, caused by even partial non-acceptance of an order.


2. How to purchase


The Customer can purchase only the products listed in the electronic catalogue and/or in current promotions of Fraccaro Spumadoro S.p.a at the time of order placement displayed at the address (URL) www.fraccarospumadoro.it and as described in the relevant information sheets.

Spumadoro Fraccaro S.p.a confirms receipt of the order via an e-mail sent to the email address supplied by the Customer. The message includes all of the data entered by the Customer, who undertakes to verify their correctness and make any corrections as described in this document. Should Fraccaro Spumadoro S.p.a not accept the order, it will inform the Customer in a timely manner in the same way. All prices indicated on the site are retail prices, VAT included. Prices not including VAT are identified as follows: "prices do not include VAT". Fraccaro Spumadoro S.p.a reserves the right to modify the prices at any time without notice.


3. Methods of payment


  • a. Credit card

National and international Visa and MasterCard credit cards are accepted. When a Credit Card is used to purchase the goods, the Customer’s bank authorises only the amount of the purchase at the conclusion of the on-line transaction. Fraccaro Spumadoro S.p.a does its utmost to guarantee your security during payments and uses the services of a merchant bank that uses a security protocol based on 128-bit SSL data encryption.

At no time during the purchase procedure does Fraccaro Spumadoro S.p.a have access to the Customer’s credit card information because it is entered directly on the site of the bank managing the transaction. Since there is no data transmission, these data cannot be intercepted. No computer archive of Fraccaro Spumadoro S.p.a contains or stores such data. Therefore, under no circumstances can Fraccaro Spumadoro S.p.a be held liable for any fraudulent credit card use by a third party at the time of the payment of the products purchased on shop.fraccarospumadoro.it

  • b. PayPal

At the time of order confirmation, the Customer is directed to the PayPal site to complete the payment process by entering his/her email address and PayPal password. The Customer’s financial data is not shared but is managed directly by PayPal.

  • d. Cancellation of payment

Should Fraccaro Spumadoro S.p.a refuse the order, it will request cancellation of the transaction and the release of the committed amount. The release time of some types of cards depends exclusively on the banking system and may be up to their natural expiry (24th day following the authorisation date). Once the transaction’s cancellation has been requested, Fraccaro Spumadoro S.p.a can under no circumstances be held liable for any direct or indirect damages caused by the banking system’s delay or failure to release the committed amount.


4. Retention of title

The delivered goods remain the property of Fraccaro Spumadoro S.p.a. until payment has been completed.


5. Delivery methods and costs

Fraccaro Spumadoro S.p.a accepts orders for deliveries within Italy only.

For every order placed on www.fraccarospumadoro.it, Fraccaro Spumadoro S.p.a issues a shipping document for the goods shipped. The information provided by the Customer at the time of the order is used to prepare the shipping document. Shipping and handling costs are borne by the Customer and are indicated explicitly at the time of order placement or are included in the current promotions. The amounts indicated are for deliveries made in Italy.

Fraccaro Spumadoro S.p.a reserves the right to establish the delivery date of the products purchased. This may vary due to causes of force majeure or to general traffic and road conditions in general or to acts by public authorities. Fraccaro Spumadoro S.p.a cannot be held liable for delays in processing the order or in delivering the ordered goods.

When the goods are delivered by the courier, the Customer must verify that the packaging is intact, not damaged, wet or altered in any way. He/she must also verify the sealing materials (packing tape or metal strapping), and that the number of packages delivered corresponds to that indicated in the shipping document. The Customer must report any damage or discrepancy in the number of articles or information immediately to the courier, writing "acceptance with reservation" on the accompanying document, confirming within two days via fax at +39 042 372 0530 or by registered mail with notice of receipt to Fraccaro Spumadoro S.p.a., Via Circonvallazione Ovest 25, 31033 Castelfranco Veneto (TV). Even when the packaging is intact, the goods must be verified within two days of receipt. Any hidden defects must be reported in writing by fax or registered mail with notice of receipt. Any claim after this deadline will not be accepted. The Customer assumes full responsibility for any claim. After signing the courier’s document, the Customer may not make any claim regarding the external characteristics of the delivered goods. For deliveries by courier, the first delivery is made without notice. If the Customer is absent, the courier leaves notice and will attempt to make delivery on the next business day. If the Customer is absent a second time, a final notice is left. Should this also be unsuccessful, the package is stored by the courier and the Customer is contacted to arrange for delivery. If the fourth attempt is also unsuccessful, the goods will be returned to Fraccaro Spumadoro S.p.a and the order will be cancelled.

6. Right of withdrawal

Pursuant to Article 64 of Legislative Decree 206/2005, if the Customer is a natural person purchasing the goods for purposes not related to any professional activity, thus indicating his/her tax code and not a VAT number, he/she may withdraw from the contract of purchase within ten working days from the date of receipt of the goods. The Customer must exercise his/her right of withdrawal in writing by registered mail with notice of receipt expressing his/her desire to withdraw from the contract. Alternatively, the Customer may send notice within the same term by telegram, email or fax, provided notice is confirmed by registered mail with notice of receipt within 48 hours.

Notice must be sent to:
Fraccaro Spumadoro S.p.a
Via Circonvallazione Ovest 25,
31033 Castelfranco Veneto (TV) - Italy
Tel. +39 042 349 1421 - Fax +39 042 372 0530

A. When the right of withdrawal is exercised within 48 hours of order submission and before the goods are dispatched, amounts paid will be reimbursed as described in point 3.D. In the event of withdrawal, both parties are required to return any goods received.

B. When the right of withdrawal is exercised after the goods have been shipped, the goods must be returned intact, unused, undamaged and in the original packaging. The goods must be returned insured prepaid within ten business days from the date of receipt of the goods (according to postmark). The Customer is responsible for the shipping costs to return the goods. When the right of withdrawal is exercised in accordance with these instructions, Fraccaro Spumadoro S.p.a will reimburse the amount paid for the purchase of the goods within 30 days of receipt of the notice of withdrawal.