General conditions of sale  GF89 - Giuseppe Fanara

The offer and sale of products marketed on our website ("https://www.giuseppefanara.shop") shall be  governed by these General Terms and Conditions of Sale.

1.  Identification of the Supplier

The products covered by these terms and conditions are sold at giuseppefanara.shop directly from Il Bussetto di Giuseppe Fanara & C. SNC, with a registered office in Italy, Via Palazzuolo 136 / R, 50123 Florence, Tax ID/VAT No. 04141070484, Business Registry number FI- 419425.

You can request any information from GF89 - Giuseppe Fanara, through our customer services at  gf@giuseppefanara.com   or Tel.: +39 055290697

2. Definitions

2.1  In this text, the term "we" or "Seller" refers to Il Bussetto di Giuseppe Fanara & C. SNC. (hereinafter "GF89 - Giuseppe Fanara"), with its registered office in Italy, Via Palazzuolo 136 / R, 50123 Firenze, Tax ID/VAT No. 04141070484, Business Registry number FI- 419425.

2.2 Our customers are indicated with "You" or "Buyer".

In particular, with the term "consumer" we refer to any physical person acting in giuseppefanara.shop with purposes that are NOT related to his/her business, entrepreneurial or professional activity, that is possibly being carried out. In this case, with the acceptance of these terms and conditions, the buyer is expressly declaring that the purchases are being made for purposes unrelated to any commercial or professional activity.

When we speak of "retailer" and/or "professional" we are instead referring to any physical person acting in giuseppefanara.shop with purposes that are related to his/her own business, entrepreneurial or professional activities.

3. Subject Matter of the Contract

3.1 These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on giuseppefanara.shop between the users of giuseppefanara.shop and the Seller.

3.2. The products referred to in the previous point are illustrated on the web page giuseppefanara.shop

The essential characteristics of the products are presented on giuseppefanara.shop on each product page. The images and colors of the products  being offered for sale may however not correspond to the real ones owing to the effects of the Internet browser and the monitor being used.

These products are moreover hand-crafted with typical characteristics.

Every creation of GF89 - Giuseppe Fanara is unique: some differences may arise as regards the images that are reproduced on giuseppefanara.shop, especially with regard to the shades and hues of the colors, with the consequence that all reproductions are intended only as an indication. It is not excluded that alterations of the color shades of the products may occur with the passage of time. This is, as a matter of fact,  not a question of a flaw or defects of conformity but of the natural characteristics of the products and of the craftsmanship of the same, and should therefore be considered as synonymous with the high quality of all the products of GF89 - Giuseppe Fanara. The small veins, the wrinkles and the imperceptible scratches testify to the naturalness of the material used (leather that has been vegetable tanned in Tuscany), making each object a one-of-a-kind piece.

4. Our Commercial Policy

4.1 The Seller offers  its products for sale on giuseppefanara.shop and carries out its e-commerce activity exclusively towards its end users who are "consumers" or "resellers and / or professionals".

5. How to Conclude the Contract with GF89 - GIUSEPPE FANARA.

5.1 The contract between the Seller and the Buyer shall be concluded through the Internet by the Buyer accessing the address giuseppefanara.shop, where, following the procedures indicated, the Buyer will  formalize the proposal for the purchase of the goods referred to in point 3.2.

5.2 The printable order form contains the General Terms and Conditions of Sale (including withdrawal and return), the details of the person placing the order and of the order itself, as well as a summary of information concerning the essential characteristics of each product ordered and its related price (including all applicable taxes or duties); the means of payment that can be used to purchase each product;  the methods of delivery of the purchased products; shipping and delivery costs.

5.3 As soon as the Seller receives the order from the Buyer, it will confirm that the order has been properly received by sending an e-mail message to the address notified by Seller.

5.4 By placing an order, the Buyer makes a proposal to purchase the products chosen on the basis of these terms and conditions. We will be free to accept this proposal or not.

5.5.  If the order is accepted, we will inform you of the acceptance by issuing an order confirmation that will be sent to you by e-mail. The order confirmation will become effective upon its being sent. Should the order not be accepted, the contract shall be deemd as not having been completed and effective between the parties.

5.6 We are committed to doing everything possible to supply the products indicated in the order confirmation. It might however happen that we will not be able to supply these products because, for example, they are no longer in production or no longer available, either because stocks are exhausted, or because we will no longer be able to guarantee the supply of materials for the production of the same. In any case, should we not be able to  deliver the products you have ordered, our liability will not extend beyond the refund to you for  the amounts you have paid.

5.7 The Seller, in addition to the unavailability of products, may not process purchases when there are not sufficient guarantees of solvency or when orders are incomplete or incorrect. In the above cases, we shall inform you by e-mail that the contract has not been executed and that the Seller has not carried out your purchase order specifying the reasons thereof. 

5.8 With the electronic transmission of the purchase procedure, you unconditionally accept and undertake to observe, in relations with the Seller, these General Terms and Conditions of Sale. If you do not agree with some of the terms set out in the General Terms and Conditions of Sale, please do not submit the order form for the purchase of products on giuseppefanara.shop.

5.9 With the transmission of the purchase procedure, you confirm that you are aware of and accept the General Terms and Conditions of Sale and the additional information contained on giuseppefanara.shop, including the Privacy Policy and the information on the right of withdrawal.

5.10  Once the contract has been concluded, the Seller will send you a receipt of the purchase order by e-mail.

5.11 Purchase requests from countries not included in those authorized to purchase may not be accepted by the Seller. Deliveries may not even be made in these countries.

6. Indication of the Prices of Products

6.1 All  sales prices of the products illustrated and indicated on the giuseppefanara.shop website are stated in EURO.

The sale prices of the products may be subject to updates. We advise you to check the final sale price before submitting the purchase procedure.

The prices of the products shall be those indicated in the invoice.

VAT will be payable, if applicable, in accordance with the rate indicated on the invoice.

The costs related to shipment will be indicated on the invoice.

6.2 In the event  that the right of withdrawal is exercised, the Seller has the faculty of not accepting the return of products that have been altered in their essential and qualitative characteristics or that have been damaged in any way. Please note that customized products may not be returned or changed (item 10.3).

7. Payments and Refunds 

7.1 it is possible to follow one of the methods indicated on the order form for the payment of the products and of the relative shipping and delivery costs, 

7.2 In the case of payment by credit card, the financial information (for example, the credit / debit card number or the date of its expiration) shall be forwarded, via encrypted protocol, to  PayPal that provide the related distance payment services, without any third-party having access to it in any way. GF89 - Giuseppe Fanara is at no time able to access this financial information that always remains encrypted.

7.3 All refunds to the Buyer will be credited by the means of one of the methods proposed by the Seller and chosen by the Buyer, in a timely manner and, in the case the right of withdrawal being exercised as governed by Art. 11, at the latest within 15 days from the date on which the Seller comes to learn of the withdrawal.

7.4 In the case of the right of withdrawal being exercised,  the refund may nonetheless be retained by the seller until he has received the goods back.

8. Shipping and Delivery of Products

The actual delivery of the purchased product to the Buyer will be made through a shipping company  that is different from the Seller.

8.1 Possible Import Duties, other Taxes and Charges shall be borne by the Buyer.

9. Customer Support and Complaints

9.1 You may request any information by contacting our customer services: 

gf@giuseppefanara.com

Tel : +39 055290697

9.2 Any complaints will be considered valid only if sent to GF89 - Giuseppe Fanara, Via Palazzuolo 136 / R, 50123 Florence, Italy, or sent by e-mail.

10. Right of Withdrawal

10.1 If you are a consumer, you are entitled to withdraw from the contract entered into with the Seller, without any penalty and without specifying the reason thereof, within fourteen (14) working days from the date of receipt of the products purchased on the  giuseppefanara.shop website. 

10.2 In this case, you must return the goods to the Seller.

10.3  The right of withdrawal is deemed to have been validly exercised whenever the following conditions are fully complied with: 

 - the products should not have been used or damaged;

- the products must be returned in their original packaging;

-  the products returned must be shipped to Seller in one single consignment. The Seller, as a matter of fact, reserves the right to not accept goods of one single order, returned and shipped in different moments;

- the purchased goods must NOT have been customized or clearly personalized (customized colors, initials and / or lily of Florence for example);  

-  the returned products must be delivered to the courier within fourteen (14) days from the date on which the decision made to exercise the right of withdrawal pursuant to Art. 10 of this contract was communicated to the Seller.

10.4 If the right of withdrawal is exercised in accordance with the terms indicated in this paragraph, the Seller shall reimburse any sums already collected both for the purchase of products and, in compliance with the law, for the shipping to the Customer.

10.5. The only expenses that shall be paid by the consumer for exercising the right of withdrawal pursuant to these articles are the costs of returning the goods to the sender (seller).

Furthermore, the Seller is not obliged to reimburse the additional costs if the consumer has expressly chosen a type of delivery different from the less expensive type of delivery offered by the Seller.

10.6 If the terms for exercising your right of withdrawal are not complied with, as specified in this paragraph, you will not be entitled to reimbursement of the sums already paid to the Seller.

11. The Time-frames and Methods of Reimbursement

11.1 Upon receiving the After the returned products, the Seller shall ensure the necessary verifications related to the conformity of the same to the conditions and terms indicated in Paragraph 10. In the event that the checks are concluded positively, the Seller shall send the Buyer, via e-mail, the relative confirmation of acceptance of the returned products.

11.2 Having verified the correct execution of the terms and conditions indicated above, as indicated in Paragraph 10, the sums will be reimbursed as soon as possible and in any case within fourteen (14) days from the date on which the Seller became aware of the exercise of the Buyer’s right of withdrawal.

In any event, the Seller may withhold the refund until the goods have been received.

11.3 If the recipient of the products indicated on the order form does not correspond to the person who made the payment of the sums due for their purchase, the refund of the sums, in case of the right of withdrawal being exercised, will paid by the Seller, in any case, to the person who made the payment for the products.

12 Obligations of the Buyer

The customer agrees and undertakes, upon the conclusion of the “online” purchase process, to print and conserve these "Terms and Conditions", which will have already been examined and accepted as a necessary step to purchase, as well as the specifications of the product purchased, pursuant to and for the condition referred to in Articles 3 and 4 of the  Legislative Decree No. 185/1999. It is strictly forbidden for the Buyer to enter false and/or fictitious information during the registration procedure necessary to activate the process for the execution of the present contract and the related additional communications; 

 personal information and e-mail address must be the customers’ own personal details and not of any other person or false. Double registrations corresponding to the same person are expressly forbidden as well as the insertion of data of third persons. It is the responsibility of the customer, during registration or during the "online" purchase procedure, to communicate correct and updated personal, shipping and billing data for the performance of the contract. Once the purchase process has been completed, in as much as invoicing is not mandatory for private individuals within the European community, a receipt shall be issued, except in the case in which explicit request for it has been received by the customer when ordering. GF89 - Giuseppe Fanara reserves the right to prosecute any breach or abuse, in the interest of and for the protection of consumers.

13. Privacy 

13.1 Information on how we process your personal data may be obtained by accessing the Privacy Policy.

14. Data Protection

14.1 By placing your Order, you agree and understand that GF89 - Giuseppe Fanara may store, process and use data collected from your Order Form to execute your order. Some of the information you provide will be transferred by us to the companies we use for shipping the products.

15. Applicable Law and  Settlement of Disputes

15.1 The General  Terms and Conditions of Sale are governed by Italian law and more specifically by the Legislative Decree No. 206 of September 6, 2005 (Consumer Code) and subsequent amendments with specific reference to the law on distance contracts and the Legislative Decree No. 21 of February 21, 2014 on certain aspects concerning electronic commerce.

16. Force Majeure and Limitations of Liability

16.1  We shall do our utmost to fulfill all obligations undertaken on the basis of this Contract. We shall in any case be exonerated from any liability in the event of delays or breakdowns caused by circumstances beyond our control. In the event of any delay, we shall fulfill the obligations taken as soon as it is reasonably possible.

16.2 The Seller shall not be deemed as liable to the Buyer, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside the control of one’s own or one’s sub-suppliers.

16.3 The Seller shall moreover not be deemed liable for damages, losses and costs incurred by the Buyer as a result the non-performance of contract owing to causes not attributable to it, in as much as the Buyer is only entitled to the full refund of the price paid and any accessory charges incurred .

16.4. The Seller shall not be responsible for any fraudulent and illegal use that may be made by third parties, of credit cards and other means of payment, when  the payment of the purchased products is made. 

17.  Modification and Updates

17.1 The General  Terms and Conditions of Sale are modified from time to time also in consideration of possible regulatory changes. The new General Terms and Conditions of Sale will become effective from the date of publication on giuseppefanara.shop.

18. Intellectual Property Rights

The Customer declares and acknowledges that all trademarks, designs, models, distinctive signs, intellectual property, software and databases, or any other intellectual and industrial property right accessible from and / or reproduced on the Site in any way and / or shape, including the GF89 - GIUSEPPE FANARA brand, are the exclusive property of Il Bussetto di Giuseppe Fanara & C. SNC or Il Bussetto by Giuseppe Fanara & C. S.N.C nor is it a legitimate licensee (the "Intellectual Property Rights"). Any use of Intellectual Property Rights in any way and / or form, in whole and / or in part, is prohibited without the prior written authorization of Il Bussetto di Giuseppe Fanara & C. S.N.C.

19. Warranty - Returns

If the Products or Services enjoy a conventional guarantee recognized by the manufacturer, any flaws, defects or discrepancies must be reported directly to the manufacturer. Except for mandatory provisions of the law, GF89 - Giuseppe Fanara declares that it has no responsibility for defects, defects or product discrepancies. The guarantee for the Consumer remains unaffected pursuant to Legislative Decree 206/2005.

In this case, the Consumer must, under penalty of forfeiture, report the defect found to GF89 - Giuseppe Fanara to the Customer Service Department of GF89 - Giuseppe Fanara (at: gf@giuseppefanara.com) within 2 (two) months from the date of discovery.

GF89 - Giuseppe Fanara will make every reasonable effort to replace the defective product at his own expense and within a reasonable time. If this is not possible, or if it is excessively burdensome for GF89 - Giuseppe Fanara, the Consumer will have the right to terminate the Sales Contract and, consequently, to obtain the re-credit of the sums paid for the purchase of the Product, excluding any further liability of GF89 - Giuseppe Fanara, in any capacity and for any reason.

Should the Customer detect any discrepancies between what was ordered and what was received, and in particular, should he encounter any problem concerning the physical integrity, correspondence or completeness of the products received, he must promptly inform the GF89 - Giuseppe Fanara Customer Service Department.

Customer Service will provide the necessary information to solve the problem, and where possible, to ship missing items, replace defective items or refund them. In no case will the Customer be required to return defective items or items received in error at their own expense.

20. Applicable Law and Court of Competent Jurisdiction

20.1 This Contract is governed by the laws of the  Republic of Italy, which regulates its conclusion, execution, withdrawal and/or termination, and on the basis of which it shall be interpreted. For any dispute concerning and/or deriving from this Contract or from its execution, the Court of Florence will be exclusively competent.


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