The goods and services covered by these general conditions are offered by the company HIRCUS FILATI by FEDERICO SCATIZZI, with registered office at via Battista Tettamanti, 19A, 59100 Prato (PO) Italy, VAT number 02285360976, hereinafter referred to as ”the supplier”, certified electronic mail: [email protected]
- The term E-Contract, namely “electronic contract”, indicates the contract concerning goods and services stipulated between the supplier and a customer or a consumer where the interaction between the parties in forming the contract can be carried on by many different electronic means, without the simultaneous presence of the parties involved.
- The term “Buyer” indicates the customer (VAT payer) or “consumer natural person”, as defined by art. 3 of Italian Legislative Decree n. 206/2005;
- The term “Supplier” indicates the person who assigns the goods or provides the services that is mentioned in the epigraph.
ARTICLE 1 – Object of the contract
These general terms and conditions of sale shall apply to the purchase of the products indicated and offered for sale on the site www.italiancashmereyarn.com.
The presentations of the products on the site www.italiancashmereyarn.com, which are not binding for the Seller, are merely an invitation to the Consumer to make a contractual offer to purchase. The Seller will do its best to ensure that the photographs published on the Site represent the Product for sale as faithfully as possible. However, the Supplier can’t guarantee a perfect matching with the real Product.The colors may differ due to the settings of the computer or systems used to view the photos. For the purposes of the E-contract, the product description will be relied on.
In the order confirmation e-mail, the BUYER will also receive the link to download and archive a copy of these general conditions, as provided for by art. 51 paragraph 1 of Italian Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 – Precontractual information for the consumer – Art. 49 of D.lgs 206/2005
To read the precontractual information for the consumer, click here.
ARTICLE 3 – Conclusion and effectiveness of the contract
The contract between the Supplier and the Buyer is concluded exclusively through the internet. Once the purchaser has accessed the address www.italiancashmereyarn.com, he must carry out the procedures reported within the site in order to formalize his acceptance for the purchase of the goods referred to in the previous art. 1.
The E-contract is concluded through the exact completion and sending of the acceptance form attached to the online electronic catalog at www.florencecashmereyarn.com/it/checkout/cart/. The form is shown and sent always after the display of a printable web page containing the order summary (price of the purchased goods, shipping costs, accessory modules, payment methods and terms, shipping address, delivery times, the existence of the right of withdrawal, and any further information).
Once the Supplier has received the order acceptance from the Buyer, he/she will send a confirmation email, containing the Buyer’s data, the order number, the price of the purchased goods, the shipping costs, the shipping address, and a link to print or/and store the copy of these conditions pursuant to art. 51 paragraph 1 of the Italian Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
As soon as the payment has been received, the Supplier will issue the relative fiscal document pursuant to Presidential Decree no. 633/1972, where required by law. In the event that the Buyer wishes to receive an invoice, he must notify the supplier when completing the order and provide the data relating to his tax code or VAT number in this regard.
The present contract is not considered completed, therefore it is not effective, if what reported in the previous points is missing.
Online sales are attributable to distance sales with the exemption from issuing the invoice and the receipt as provided for in Article 2, paragraph 1, letter oo) of the D.P.R. December 21, 1996, n. 696.
If interested in receiving an invoice, the Customer must inform Hircus Filati before confirming the purchase of the Tax Code, VAT number, using the “notes” space on the order summary page.
ARTICLE 4 – Product availability
The Supplier ensures no delays in processing the orders with an electronic system. To this end, he/she indicates in real time in its e-catalog the number of available products and the unavailable ones, as well as the delivery time.
If an order exceeds the available quantity in the warehouse, the Supplier will inform the Buyer by email that the goods aren’t bookable, about if and when it is possible to obtain them, and asking if the Buyer intends to whether or not confirm the order.
In case of failure to comply with the order by the Supplier also due to the temporary unavailability of the Product or Service requested, the order will be automatically rectified with the elimination of the unavailable product or products. The Buyer will be immediately informed by email and granted a refund within 30 days from the order (Article 6 of Legislative Decree No. 185 of 1999).
The Supplier’s IT system confirms the registration of the order as soon as possible by sending an email confirmation to the user, pursuant to art. 3.
N.B .: All the yarns available on our website are in small quantities. Always check that you buy enough quantity because you may not find the same color or same yarn in the future.
The pictures of the products shown on our site were taken with light at 5500 ° k and balanced at 5500k, so as to be able to weigh a 100% optimal photographic departure on the colors. It is recommended to use the name of the color as a reference, so to avoid mismatches due to different monitors’ calibrations.
ARTICLE 5 – Methods of payment and reimbursement
Payments by the Buyer are required to be made exclusively by one of the methods indicated on the internet web page of the Seller: https://www.italiancashmereyarn.com/en/content/shipment-and-payments.html.
The use of the payment methods indicated does not entail any additional burden for the Buyer except in the case of “cash on delivery” for which a fee will be requested.
Any refund will be credited to the Buyer by one of the methods proposed by the Seller (generally the one set for the purchase) and chosen by the Buyer, in a timely manner, and in the case of exercising the right to cancel the order as regulated by the art. 7 of this contract, no later than 14 days from the day on which the Supplier became aware of the withdrawal. The Supplier may withhold the reimbursement until he/she receives back the item or until the Buyer has provided proof of having returned it, depending on which situation occurs first.
All communications regarding payments will be made on the Seller’s dedicated line, protected with encryption technology. The Seller guarantees the storage of this information with an additional layer of encryption security, in accordance with the provisions of current laws regarding the protection of personal data.
ARTICLE 6 – Prices
All sales prices of the products indicated on the site www.florencecashmereyarn.com are expressed in Euro and constitute an offer to the public pursuant to art. 1336 CC.
The sales prices referred to in the previous point include VAT and any other taxes.
Shipping costs and any additional charges (such as cash on delivery charges), if they apply, are not included in the sales price referenced previously. If they do apply, they will be calculated and indicated on the summary sheet according to the buying procedure, before the order is forwarded.
The prices indicated with regard to each of the goods offered for sale to the public, are valid until the date indicated in the catalog.
NOTE: In case of delivery in Extra-CEE Countries it is not possible for us to calculate the clearance costs, which will be charged to the Buyer by the country’s customs.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the buyer has the right to cancel the contract without penalty and without specifying the reason, within 14 days from the date of receipt of the purchased good.
The Buyer who intends to exercise the right of withdrawal must communicate it to the Supplier through an explicit declaration, which may be sent by registered mail to the a.r. at the address Via Battista Tettamanti, 19 – 59100 Prato (PO) or by email at [email protected] or at the address [email protected].
The Buyer may exercise the right of withdrawal also by sending any kind of explicit declaration containing the decision to withdraw from the contract or, alternatively, sending the standard withdrawal form as per Annex I, part B, Legislative Decree 21/2014 accessible via this link.
For the purposes of exercising the right of withdrawal, the above mentioned communication may be replaced by the direct return of the purchased good. The delivery date of the post office or the one of the forwarding agent will be binding.
The return of the asset by the Buyer must take place, without undue delay and, in any case, within 14 days from the date of the communication of the withdrawal to the Supplier.
If the returned items show damage or signs of wear resulting from manipulation that was not necessary to establish the nature, characteristics and functioning of the good, the Supplier may withhold from the refund an amount corresponding to the decrease in value.
Regarding the return of the product subject to withdrawal, Supplier guarantees its customers the possibility of using an agreement carrier.
The Buyer will not have to pay any other costs, but will have to pay the shipping costs for returning the goods to the Supplier.
The Supplier will reimburse the amount of the products subject to withdrawal within a maximum period of 14 days from the notice of withdrawal.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the Supplier may delay refunding if he/she hasn’t received the goods.
With the receipt of the Buyer’s communication containing the declaration of withdrawal, the parts of the present contract are released from any mutual obligations, except as the ones listed in the previous points of this article.
ARTICLE 8 – Legal guarantee of conformity and guarantee activities
The SUPPLIER is liable for any lack of conformity which becomes apparent within thirty days after the delivery of the goods.
For the purposes of this contract, goods are presumed to comply with the following circumstances:
they are suitable for the use to which goods of the same type are usually used;
they conform to the description given by the seller;
they have the quality and usual performance of a good of the same type, which the consumer can reasonably expect;
they are also suitable for the particular use intended by the Consumer, brought to the attention of the Seller before the conclusion of the contract and which the Seller has accepted as a conclusive fact.
The Buyer loses all rights if he does not report the lack of conformity to the Supplier within 30 days from the date of purchase of the goods.
In any case, unless proven otherwise, it is assumed that the lack of conformity shown within 30 days of delivery already existed on that date, unless this hypothesis is incompatible with the nature of the asset or with the nature of the lack of conformity.
In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, at the conditions indicated below, the replacement of the purchased good or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier, pursuant to art. 130, paragraph 4 of the Consumer Code.
The request must be sent in writing by email or certified email to the address [email protected].
The Supplier will indicate his willingness to proceed with the request, or the reasons that prevent him to do so, within seven working days of receipt.
In the same communication, if the SUPPLIER has accepted the BUYER’s request, he must indicate the method of return of the goods as well as the deadline for returning or replacing the defective goods.
If the replacement is impossible or excessively burdensome, or the SUPPLIER has not provided for the replacement within the deadline referred to in the previous point or, finally, the replacement previously carried out caused significant inconvenience to the BUYER, he may ask, at his choice, a fair price reduction or termination of the contract. In this case, the BUYER must send his request to the SUPPLIER, who will indicate his willingness to carry out the request, or the reasons that prevent him from doing so, within seven working days of receipt.
In the same communication, if the SUPPLIER has accepted the BUYER’s request, he must indicate the reduction of the proposed price or the methods for returning the defective goods. In such cases it will be the responsibility of the BUYER to indicate the methods for re-crediting the amounts previously paid to the SUPPLIER.
UNDER NO CIRCUMSTANCES WE ACCEPT COMPLAINTS, EXCHANGES OR RETURNS OVER 30 DAYS FROM THE ORDER.
ARTICLE 9 – Delivery Times and Methods
The selected and ordered products will be shipped (delivered to the courier), without unjustified delay, no later than 2/3 working days from the date of conclusion of the order, with the methods indicated on the website at the time of the offer of the goods.
In the event that the Supplier is unable to ship within the deadline set in paragraph 9.1. it will be given timely notice to the Buyer by email or telephone, according to the credentials provided at the time of order.
Shipping methods, times and costs are promptly indicated on the Supplier’s website at the address https://www.italiancashmereyarn.com/en/content/shipment-and-payments.html, read them carefully to avoid unpleasant misunderstandings.
ARTICLE 10 – Limitations of Liability
The Supplier does not assume any responsibility for disruptions due to force majeure, in the event of failing to execute the order within the time stipulated in the contract.
The Supplier cannot be held responsible to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or operations connected to the use of the internet outside his/her control.
Furthermore, the Supplier is not responsible for damages, losses or costs incurred by the Purchaser as a result of failure to execute the contract for reasons not attributable to him; the Purchaser is only entitled to a full refund of the price paid.
The Supplier does not assume any responsibility for any fraudulent or illegal use by third parties of credit cards, checks and other means of payment used to purchase the product, if he/she proves to have adopted all the possible precautions based on the best science and experience of the moment and on ordinary diligence.
The Buyer in no case can be held responsible for delays or mistakes in the payment if he/she proves to have performed the payment in the times and ways indicated by the Supplier.
ARTICLE 11 – Obligations of the Supplier: Liability for defective products, proof of damage and payable damage.
The Supplier is responsible, pursuant to articles 114 et seq. of the Italian Consumer Code, of the damage caused by defects of the goods sold, if he/she fails to communicate to the injured party the identity or domicile of the producer/person who at first supplied the good, within 30 days from the request.
The claim for damages by the injured party must be made in writing and must indicate the product, the order number and the date of purchase.
The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer marketed the product, did not allow to consider the product as defective yet.
No compensation will be due if the injured party has been aware of the defect and the danger arising from it and has voluntarily exposed it.
In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.
ARTICLE 12 – Buyer’s obligations
The Buyer undertakes to pay correctly submitted invoices within the times and methods established in the contract.
The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract if he/she deems it necessary.
Moreover, the information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges it as this step is mandatory before the purchase confirmation.
ARTICLE 13 – Causes of resolution
The obligations assumed by the Buyer and referred to in Article 12, the guarantee of successful payment that the Buyer makes with the means referred to in art. 4, and the obligations of the Supplier pursuant to art. 9, are all essential. By express agreement, the non-fulfillment of only one of these obligations, where not determined by unforeseeable circumstances or force majeure, will result in the termination of the contract without the need for judicial ruling, pursuant to art. 1456 of the Italian Civil Code.
ARTICLE 15 – Cookies
ARTICLE 16 – Filing methods
We inform you that this contract can be printed or stored on the Buyer’s devices.
According to the art. 12 of the Italian Legislative Decree 70/2003, the Supplier must inform the Buyer that every order sent is stored in digital / paper form on the server / at the Supplier’s headquarters, according to criteria of confidentiality and security.
ARTICLE 17 – Communications and complaints
Written communications to the Supplier and any complaints will be considered valid only if sent to the following address: Via Battista Tettamanti 19 – 59100 Prato (PO), or by email to [email protected] or via cem to [email protected]. The Buyer shall fill the registration form with his/her residence or domicile, telephone number and/or email address to which he/she wishes to receive the Supplier’s communications.
ARTICOLO 18 – Applicable law and jurisdiction
These contract terms and your use of our website and all non-contractual relationships arising out of or connected to it or them shall be governed by and construed in accordance with Italian law. All disputes arising from this contract will be devolved to a conciliation attempt at the mediation body of the Chamber of Commerce of Prato, Italy, and resolved according to the conciliation regulations adopted by it. Any dispute that does not find a friendly solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Consumer only if located in the territory of the State.