Terms & Conditions
CONDITIONS OF SALE
FAYYIA S.R.L., (C.f. and P.IVA: 14704161000) (hereinafter "FAYYIA "), in the person of its legal representative pro tempore, with registered office in ROME (RM), via Dell'Industria, 1, invites the user - who may qualify as a "consumer" under the combined provisions of art. 3 paragraph 1 letter a) of Legislative Decree no. 206 of 6.9.2005 (hereinafter only "Consumer Code") ("the natural person acting for purposes unrelated to the business, trade, craft or profession") and art. 2 paragraph 1 letter e) of Legislative Decree no. 70 of 9.4.2003 (from now on only "Code of the Electronic Commerce") ("any physical person who acts with purposes not referable to the commercial, entrepreneurial or professional activity eventually carried out") (infra "user cd. consumer") or can have the qualification of "professional" ex art. 3 paragraph 1 letter c) of the Code of the Consumption ("the physical or juridical person who acts in the exercise of the own entrepreneurial, commercial, handicraft or professional activity, or an its intermediary") (infra "user cd. professional") (from now on "user cd. consumer" and "user cd. professional" may possibly be defined jointly also only "user") - to take careful and complete vision, at a time prior to the actual use of any service of the so-called information society ex art. 2 paragraph 1 letter a) of the Code of Electronic Commerce ("the economic activities carried out [...] online") put in place by FAYYIA, as "provider" ex art. 2 paragraph 1 letter b) of the Code of Electronic Commerce ("the natural person or legal entity that provides an information society service"), within the website www.fayyia.com (hereinafter "Site"), these General Conditions of Sale (hereinafter "GSC"), which fully regulate the purchase (and subsequent management of the purchase order) of goods pursuant to Articles. 810, 812 paragraph 3 and 1519 bis paragraph 2 letter b) c.c. and ex art. 45 paragraph 1 letter c) of the Consumer Code placed on sale or the subject of an invitation to purchase within the e-commerce platform (hereinafter "Platform") of the Site.
In accordance with article 12 paragraph 3 of the Electronic Commerce Code and in compliance with Recital 18) of EU Regulation no. 2019/1150, FAYYIA communicates, on the one hand, that it makes these GTCV available to the user in a format that allows their storage and reproduction and, on the other hand, that they are easily retrievable by the user at any level of the relevant business relationship.
In this regard, FAYYIA also specifies that the GTC have been drawn up in accordance with the requirements and criteria provided for in Article 5 paragraph 3 and Article 9 of the Consumer Code, Article 7 of the Electronic Commerce Code and, finally, Recital No. 15) of EU Regulation No. 2019/1150.
1. Conclusion of the sale and purchase agreement.
1.1. The purchase of goods published and offered for sale by FAYYIA on the Site can be made both by the consumer user and by the professional user (with the exception of the Public Administration).
1.2. In the event that the contract for the purchase of goods published and offered for sale by FAYYIA on the Site is concluded by a consumer user, this purchase constitutes a distance contract of sale ex art. 45 paragraph 1 letter g) of the Consumer Code ("any contract concluded between the professional and the consumer under an organized scheme of sale or provision of services at a distance without the simultaneous physical presence of the professional and the consumer, through the exclusive use of one or more means of communication at a distance until the conclusion of the contract, including the conclusion of the contract itself"); on the other hand, if the contract for the purchase of goods published and offered for sale, by FAYYIA, within the Site is concluded by a user cd. On the contrary, if the purchase of goods published and offered for sale by FAYYIA on the Site is concluded by a professional user, such purchase constitutes a sale contract pursuant to art. 1470 c.c..
1.3. The sale contract referred to in the preceding art. 1.2. is understood to be concluded upon payment by the user to FAYYIA of the sale price relative to the purchase of one or more goods ordered. In this regard, FAYYIA specifies that - at the time of the user's submission of the purchase order - the user must acknowledge that it implies the obligation to pay; furthermore, if the submission of the order implies the obligation to operate a button or a similar function, the button or similar function will bear, in an easily legible manner, only the words "order with obligation to pay" or a corresponding unequivocal wording indicating that the submission of the order implies such an obligation.
1.4. FAYYIA, following full and effective payment, by the user, of the sale price for the purchase of one or more goods ordered, will issue - where required by the relevant legislation in force - to the user the relevant and consequent accounting and / or tax documentation.
2. Hypothesis of temporary lack of access to the Site.
2.1. FAYYIA commits - as far as possible and with the exception of events directly and/or indirectly related and attributable to the Internet - to ensure that access to the Site is provided without any interruption and that transmissions are error-free. In this regard, FAYYIA also communicates that access to the Site may occasionally be suspended and/or limited in order to allow the execution of necessary and unavoidable repair, maintenance or introduction of new services and activities.
3. Information aimed at the conclusion of the purchase contract.
3.1. In compliance with articles 7 and 12 of the Electronic Commerce Code and in compliance with articles 49 and 51 of the Consumer Code, FAYYIA communicates, in a clear and comprehensible manner, to the user, prior to the submission of the purchase order and, therefore, before the latter can be bound by a purchase contract that:
- in order to conclude the contract of sale of goods on the Site, the user will be required to complete an order in electronic format and send it electronically, using for this purpose the instructions made available on the Site;
- before proceeding to the formal transmission of the purchase order, the user has the right to identify and correct any errors and/or misprints in the purchase order (using, to this end, the instructions made available) or the user has the right to change, in whole or in part, the purchase order before the formal and final transmission of the same;
- the purchase contract is considered concluded at the moment in which the purchase order reaches the server belonging to or traceable (directly and/or indirectly) to FAYYIA, together with the relative copy of the receipt of the actual and effective payment of the amount of the goods purchased;
- before proceeding to the formal and definitive transmission of the purchase order, the user will receive a communication containing, in general, the following information (i) the main characteristics of the good, to the extent appropriate to the medium and the good; (ii) the identity of FAYYIA ; (iii) the geographic address where FAYYIA is established, its telephone number, fax number and e-mail address where available, in order to thus allow the user to contact, quickly, FAYYIA and communicate, effectively, with the latter; (iv) the total sale price of the selected goods, including any legal taxes as well as any additional shipping costs or any other cost or, in the event that these costs cannot reasonably be calculated in advance, the indication that these costs will be charged to the user at a later date; (v) the method of payment, delivery of the goods, the date by which FAYYIA undertakes to deliver the goods; (vi) if there is a right of withdrawal, the conditions, terms and procedures for exercising such right; (vii) if applicable, the information that the user will have to bear the cost of returning the goods in case of withdrawal (viii) a reminder of the existence of the legal guarantee of conformity of the good; (ix) if applicable, the existence and conditions of after-sales service to the user; (x) if applicable, the possibility of using an extrajudicial complaint and appeal mechanism to which FAYYIA is subject.
3.2. In compliance with art. 13 of the Electronic Commerce Code and art. 51 paragraph 7 of the Consumer Code, FAYYIA is obliged to offer the user, without undue delay (at the latest at the time of delivery of the goods), and preferably electronically (or in any case on a durable medium), confirmation of the purchase order received, which will include, in general, the information better illustrated in point d) of the previous art. 3.1. of the GSC.
3.3. The user has the right and the possibility to know the purchase orders made, by accessing their personal area within the Site.
4. Information and availability of goods on the Site.
4.1. All goods present and available on the Site are accompanied by a special information sheet to illustrate the main features of such goods, as well as information on the updated availability of each item selected by the user.
The images of the goods present and available on the Site reproduce, as faithfully as possible, the characteristics of the goods for sale on the Site, without prejudice to the possibility that the colors and sizes of the goods may differ from the real and effective due to the settings of the computer systems used by the user to view them. For this reason, we inform you that, for the purposes of the correct conclusion of the sale contract, the user must take into account only the description in the information sheet of each item for sale on the Site.
4.2. Given that the Site may be visited by multiple users at the same time, there may be a case where, following the simultaneous sending of the purchase order, by one or more users, in relation to the same good, this referred good is indeed no longer available. In this case, or in the event that the unavailability of the goods on the Site derives from different causes, FAYYIA will be obliged to inform the user of this event without delay.
In the event that the above described hypothesis occurs, FAYYIA will be obliged to offer the user the following proposals: (i) if it is possible to restock the goods ordered by the user, FAYYIA will offer the user an extension of the delivery terms, specifying the new delivery date of the goods to be restocked; (ii) if it is not possible to restock the goods ordered by the user, FAYYIA will offer the user the supply of a different good of equivalent or higher value, without prejudice to the user's obligation to pay the relative price supplement.
4.3. In the event that the hypothesis described in article 4.2. occurs, the user must communicate to FAYYIA, without delay and in any case no later than 5 (five) days from the formulation of the proposals described in points (i) and (ii) of article 4.2. above, the eventual acceptance of one of them by any means of communication previously agreed upon between the user and FAYYIA or indicated by FAYYIA.
4.4. In the event that the hypotheses described in Article 4.2. occur and in the event that the user decides not to take advantage of the alternative options described in points (i) and (ii) of Article 4.2. within the peremptory term indicated in Article 4.3. above, the user will have the right to terminate the contract pursuant to art. 1453 c.c. signed with FAYYIA , without prejudice to the right to obtain reimbursement, without undue delay and in any case within and no later than 14 (fourteen) days from the conclusion of the contract, of all amounts paid in execution of the sale contract concluded with FAYYIA .
In the event that the user is entitled to a refund of amounts paid in execution of the contract of sale concluded with FAYYIA , the refund will be communicated to the person entitled and will be credited to the user, using the same means of payment used by the user for the execution of the initial transaction, unless the user has agreed otherwise.
4.5. In the event that the unavailability better described in the preceding article 4.2. concerns only one or some of the goods ordered by the user, FAYYIA will be obliged to offer the same alternative proposals better described in points (i) and (ii) of the preceding article 4.2., for which the user will be obliged to provide feedback within the same peremptory period better illustrated in the preceding article 4.3. In addition, the user, in the event that the hypothesis illustrated in this article occurs and if he decides not to take advantage of alternative options better described in points (i) and (ii) of the previous art. 4.2. within the deadline indicated in art. 4.3. will have the right to partially revoke the purchase order with exclusive and limited regard to the goods not available, without prejudice to the right to obtain reimbursement, without undue delay and in any case within and no later than the term of 14 (fourteen) days from the conclusion of the contract, of all sums paid in relation to those goods not available and regarding which he communicated the revocation of the purchase order.
In the event that the user has the right to a reimbursement of the sums paid in execution of the contract of sale concluded with FAYYIA, this reimbursement will be communicated to the person entitled and will be credited, in favor of the user, through the use of the same means of payment used by the user for the execution of the initial transaction, unless the user has agreed otherwise.
5. Sale price of the goods present on the Site.
5.1. The sale price of each product on the Site is intended as the final price, valid for a unit of product or for a specific quantity of product, including VAT where applicable and any other tax.
5.2. FAYYIA reserves the right to modify, at any time, the sale price of each product offered for sale on the Site, without prejudice to the fact that the final price to be charged to the user will be solely and exclusively that indicated on the Site at the time the user places the purchase order.
5.3. In the event that a good has been offered for sale, within the Site, at a discounted price, in the relevant information sheet of the good affected by the discount in question will be indicated the final purchase price, compared to which will be indicated and calculated the discount applied to it.
6. Method of payment of the goods purchased.
6.1. The payment of the sale price described in the previous art. 5 of the goods purchased by the user on the Site can be made by the latter, through the different methods indicated in the order form. The payment methods accepted by FAYYIA are the following:
CREDIT CARD: at the time of payment, if you have selected the payment by credit card, you will have the opportunity to enter data of your card, you can select the option to remember the data of the card used for the transaction, for future use more quickly.
PAYPAL: at the time of payment, if you have selected PayPal, you will be redirected to the PayPal site, where you can easily make the payment. PayPal will report the payment details and shipping address, as specified at the time of order completion. On PayPal you can also pay with major credit cards on the market and it is not required to be registered on PayPal, you can also decide to enter your credit card only for a single order.
7. User registration on the Site.
7.1. User registration on the Site can only take place through the creation of a personal account, after having read and consequently accepted these GCS as well as the other documents indicated therein.
7.2. In order to create his personal account, the user must duly complete the appropriate form, by entering the required information.
7.3. The creation, by the user, of his personal account allows him to proceed with the purchase of the goods present and offered for sale on the Site, as well as to perform any additional activities, described below by way of example: (i) where applicable, saving, editing and updating of personal data entered; (ii) access to all information relating to purchase orders submitted, as well as any related procedure for the return of goods purchased; (iii) where applicable, checking the updated status of the purchase order submitted; (iv) where applicable, use of services on the Site.
7.4. FAYYIA recommends the user to keep and guard, with the utmost care and diligence, the credentials necessary to access his personal account: in this regard, the user agrees to communicate, without delay, to FAYYIA any information about an undue use (even if only potential) of his credentials by unauthorized third parties.
7.5. The user guarantees that the information provided for the creation of his personal account is true and, therefore, agrees to indemnify FAYYIA from any kind of liability arising from the violation by the user and/or any third party of the registration procedure on the Site, or arising from the misuse of his authentication credentials by unauthorized third parties or, finally, arising from the incorrect and unsuitable storage and custody of the credentials to access his personal account. Furthermore, the user is obliged to use the Site in such a way as not to cause, directly or indirectly, any type of damage or malfunction of any kind, as well as in such a way as not to cause any disturbance or prejudice to the Site and to any user registered on the Site.
7.6. FAYYIA reserves the right to suspend (for a determined or indefinite period) or cancel the personal account of any user who is responsible, directly or indirectly, for any illicit actions or violations of what is prescribed in these GTCV and/or other documents indicated on the Site. If this occurs, FAYYIA commits to send the user a communication informing them of the occurrence of this event and the causes that led to it.
8. Rules of conduct for the user.
8.1. The user must not publish (where it is technically possible to publish content on the site), reviews, communications, comments or any other type of content that is illicit, obscene, abusive, defamatory towards FAYYIA and/or other users or third parties, and must not publish any type of content that could lead to a violation of the legislation on the protection of personal data of individuals, a violation of intellectual property rights or a violation of any other legislation in force.
8.2. The user is not obliged to use personal data that is false or linked, directly or indirectly, to third parties.
8.3. FAYYIA reserves the right, at any time, to suspend (for a fixed or indefinite period of time) or cancel the personal account of the user who is responsible, directly or indirectly, for violations of what is prescribed in Articles 8.1. and 8.2. above.
If this occurs, FAYYIA commits to send a communication to the user informing him of the occurrence of this event and the causes that led to it.
9. Right of withdrawal by the user.
9.1. These aspects are better illustrated in the document "Returns and Refunds" on the Site.
10. Obligations of the user in case of exercise of the right of withdrawal.
10.1. These aspects are better explained in the document "Returns and Refunds" on the Site.
11. Exceptions to the right of withdrawal.
11.1. These aspects are better explained in the document "Returns and Refunds" on the Site.
12.1. These aspects are better explained in the document "Shipping" on the Site.
13. Passing of Risk.
13.1. In contracts that require FAYYIA to provide for the shipment of goods, the risk of loss or damage of the goods is transferred to the user only at the moment in which the user or a third party designated by the user and different from the carrier takes physical possession of the goods. However, the risk is transferred to the user already at the moment of delivery to the carrier if the latter has been chosen by the user and this choice has not been proposed by FAYYIA , without prejudice to the user's rights against the carrier.
14. Compliance with the contract.
14.1. FAYYIA has the obligation to deliver to the user a good that complies with the concluded contract of sale. The goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist
it is suitable for the use for which goods of the same type are customarily used;
Conforms to the description made and possesses the qualities of the good that FAYYIA has presented to you as a sample or model;
It has the quality and performance usual for goods of the same type, which the user can reasonably expect, taking into account the nature of the goods and, if applicable, the public statements on the specific characteristics of the goods made by FAYYIA in this respect;
is also suitable for the particular use desired by the user and that has been brought to the knowledge of FAYYIA at the time of the conclusion of the contract and that FAYYIA has accepted by conclusive facts.
14.2. There is no conformity defect if, at the time of the conclusion of the contract, the user was aware of the defect or could not ignore it with ordinary diligence or if the conformity defect derives from instructions or materials provided by the user.
14.3. FAYYIA is not bound by the public statements better described in the preceding point c) of art. 14.1. when, even alternatively, it demonstrates that: (i) it was not aware of the statement and could not have known it with ordinary diligence; (ii) the statement was adequately corrected by the time of the conclusion of the contract so as to be knowable to the user; (iii) the decision to purchase the goods was not influenced by the statement.
14.4. In the hypothesis of a consumer user, FAYYIA is responsible when the lack of conformity of the goods becomes apparent within 2 (two) years from delivery of the goods. The user loses the rights described in article 15 if he does not report the lack of conformity to FAYYIA within 2 (two) months from the date he discovered the defect; the report is not necessary if FAYYIA has recognized the existence of the defect or has concealed it. Unless proven otherwise, it will be assumed that the conformity defects manifesting themselves within 6 (six) months from the delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the conformity defect. The action aimed at asserting defects not fraudulently concealed by FAYYIA is prescribed, in any case, in the term of 26 (twenty-six) months from delivery of the goods; the user, who is agreed for the execution of the contract, can however always assert the rights under Art. 15 provided that the lack of conformity has been reported within 2 (two) months of discovery and before the expiry of the term referred to in the preceding sentence.
14.5. In the hypothesis of a professional user, the provisions of art. 1495 c.c. apply and, therefore, the professional user loses the right to the guarantee ex art. 1490 c.c. if he does not report the defects to FAYYIA within 8 (eight) days of discovery. The report is not necessary if FAYYIA has recognized the existence of the defect or has concealed it. The action is time-barred, in any case, in 1 (one) year from delivery, but the so-called professional user, who is agreed for the execution of the contract, can always assert the guarantee, provided that the defect is reported within 8 (eight) days from discovery and before the elapse of 1 (one) year from delivery.
15. Rights of the user.
15.1. FAYYIA is liable to the user for any lack of conformity existing at the time of delivery of the goods, subject to the exceptions described in art. 14 above.
15.2. In case of lack of conformity, the user has the right to restore, at no cost, the conformity of the goods by repair or replacement or an appropriate reduction in price or termination of the contract.
15.3. The user may request, at his option, to repair the goods or to replace them, free of charge in both cases, unless the remedy requested is objectively impossible or excessively onerous compared to the other: in this regard, one of the two remedies is considered excessively onerous if it imposes unreasonable expenses on FAYYIA compared to the other, taking into account (i) the value that the goods would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be exercised without significant inconvenience to the user. Expenses refer to the costs necessary to bring the goods into conformity, in particular with reference to the costs incurred for shipping, labor and materials.
15.4. Repairs or replacements must be carried out within a reasonable period of time from the request to be communicated between the parties and must not cause significant inconvenience to the user, taking into account the nature of the goods and the purpose for which the user has purchased the goods.
15.5. The user may, in turn, demand an appropriate reduction in price or termination of the contract if one of the following situations occurs: (i) repair or replacement is impossible or excessively expensive; (ii) FAYYIA has not repaired or replaced the good within the reasonable period of time indicated in the preceding art. 15.4.; (iii) the replacement or repair previously carried out has caused significant inconvenience to the user. In determining the amount of the reduction or the amount to be returned, the use of the goods shall be taken into account.
15.6. After the notification of the lack of conformity, FAYYIA may offer the user any other available remedy, with the following effects: (i) if the user has already requested a specific remedy, FAYYIA remains obliged to implement it within a reasonable period, unless the user accepts the proposed alternative remedy; (ii) if the user has not already requested a specific remedy, the user must accept the proposal or reject it by choosing another remedy.
15.7. A lack of conformity of minor importance for which it was not possible or is excessively expensive to carry out the remedies of repair or replacement, does not entitle the user to terminate the contract of sale.
16. Applicable Law, Jurisdiction and Alternative Methods of Dispute Resolution.
16.1. The sales contract concluded between FAYYIA and the user through the Site is regulated by the applicable Italian law.
16.2. In the event that the purchaser is a user so-called consumer, for the solution of the dispute inherent to these GCS, pursuant to and by the effects of art. 66 bis of the Consumer Code, the territorial jurisdiction is mandatory of the judge of the place of residence or domicile of the user so-called consumer; on the contrary, in the event that the purchaser is a user so-called professional, for the solution of the dispute inherent to these GCS, the territorial jurisdiction is, exclusively, of the Court of Reggio Emilia.
The user has the right to use, where there are the necessary requirements and in order to resolve the dispute inherent to these GCS, the "Online Dispute Resolution" established by the European Commission, as well as has the right to use, where there are the necessary requirements and in order to resolve the dispute inherent to these GCS, the extrajudicial settlement bodies that operate electronically under Article 19 of the Electronic Commerce Code. In addition to the alternative procedures described above, the user cd. consumer has, also, the right to use, where there are the necessary requirements and in order to resolve the dispute inherent in these GCS, the out-of-court settlement procedure under the combined provisions of art. 66 quater and art. 141 ss. of the Consumer Code.
17. Customer Service.
17.1. For any request for assistance and/or contact, FAYYIA can be contacted at the following addresses: firstname.lastname@example.org.
18. Code of Conduct.
18.1. As a member company, FAYYIA respects the Code of Ethics adopted by Confindustria - Medical Devices.
Rome (RM), 18.12.2020