General sales terms

DEFINITION AND SUBJECT MATTER OF THE CONTRACT

1.1 This agreement (hereafter defined as “Contract”), as a distance contract , it is disciplined by the art. 50 of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”). The present constraining negotiation has as his object the selling of personal properties between the society Fiordaliso S.r.l., Via Giuseppe Paolini 11/D, 59100 PRATO, VAT number 01948650971 (“Fiordaliso”) and the consumer (the “Client”). the contract is intended to be directly concluded with the acceptance by Fiordaliso of the proposal of sale issued by the Client by phone or thorough the site www.artedeimercatanti.com (“Website”) and/or through other distance sales systems of Fiordaliso, on the basis of the formalities described in the following art. 3.
1.2 The present Sales Terms (“Sales Terms”) and, in particular, the information referred to in the art. 59 of the Consumer Code, as provided by Fiordaliso in the course of the sale, repeated on the phone to the Client and referred to onCONS the site, will remain good and effective until there won’t be any modifications and/or integrations made by Fiordaliso. Possible modifications and/or integrations to the Sales Terms will be effective from the date on which they’ll be communicated to the public and will be applied to the sales carried out from that date on. The last version of the Sales Terms is available on the site.

PRICES

2.1 The prices of the products showed during the sale, on the Site and/or through other eventual distance sales systems are inclusive of VAT and of any other taxes. The shipping costs are indicated during the course of the purchase, on the Site and/or through any other distance sales systems.

METHOD OF PURCHASE AND PAYMENT

3.1 The Contract is finalised at the time of payment, with the sales order confirmation sent to the client.

3.2 The client has 24h to rescind from the contract obtaining in doing so the complete refund of the amount payed, without any penalties and without having to specify the reason. After 24h it won’t be possible anymore to rescind from the contract because of the elaboration and creation process.

3.3 The Client can choose one of the following payment methods: by Paypal and wire transfer.

SHIPPING – CLAIMS

4.1 The time necessary to create custom-tailored clothes will be indicated at the time of the purchase. Fiordaliso will send the clothes to the address given by the Client within 6 weeks for knitwear garments and 9 weeks for footwear from the stipulation of the Contract. During the creation of the clothes the Client can be informed on the status of the order by written inquiry to the email address servizioclienti@artedeimercatanti.com.

* The date of dispatch varies depending on the payment method used and the date of confirmation of the order. During the public holidays there could be some delays due to the closing of the textile mills. Any variation of the delivery date will be communicated to the Client through email

4.2 At the time of the dispatch , the Client will receive an email to the address given at the moment of the purchase containing the tracking number with which the client can monitor the progress of his shipping.

4.3 If the Client doesn’t receive his goods or the shipping is delayed without being communicated, the Client can follow the instructions in the “Dispatch” section, that is, contact the Client Service via all the means set forth in the “Contact us” section.

4.4 Each product follows a specific non industrial process. This implies that it is expected and allowed a tolerance of 2 cm compared with the measures used for the client’s paper model.

4.5 Fiordaliso constantly invests in the photographic representation of its products, so as to make it as much realistic as possible. Nevertheless, due to the digital rendering of images on the net, different light settings of screens or other external factors, online product representation may not be completely compliant with reality. By proceeding with the purchase, the client accepts that there might be small discrepancies with regard to that.

4.6 Any claims can be sent to the following email address: servizioclienti@artedeimercatanti.com

CLIENT’S OBLIGATIONS

5.1 The Client asserts and attests: (i) to be a consumer as laid down in the art. 3 of the Consumer Code; (ii) to be of legal age; (iii) that the details given for the performing of the contract are correct and true.

RIGHT OF WITHDRAWAL

6.1 The Client has the right of withdrawal from the Contract , without any penalties and without having to specify the reason, within 24h from the confirmation of the order. The client can exercise his right of withdrawal, within the deadline, by sending an email expressing his will to rescind the contract. Once the production of the ordered and personalized clothes has begun it won’t be anymore possible to stop it.

6.2 Within the meaning of article. 59, second subparagraph, of the Consumer Code, the Client doesn’t have the right of withdrawal in case of delivery of custom-tailored clothes. Anyway, Fiordaliso provides for the possibility of reimbursement of the amount following the restoration of the goods within 30 days from the receipt, if the clothes show imperfections. In this case the Client should do as follows:

– Download, accessing to the link that you find in the “Returns and Refunds” section, the form required to ask for the refund, and send it through email to servizioclienti@artedeimercatanti.com or by recorded delivery to the address you find hereafter, attaching 3 photos of the clothes worn (front, side, back) so that the fault is visible.

– The claim will be looked at and approved by the company, who will communicate to the client their approval.

– The clothes to be retuned must be put inside the original packing complete with all original accessories (including labels, spare thread/buttons, courtesy card) and shipped on your own costs, together with the approval form, with a traceable shipping method to the following address:

Fiordaliso s.r.l.

Via Giuseppe Paolini 11/D

59100 Prato (PO)

-ITALY-

Within 7 working days on receipt of the clothes you will be accredited the amount with the same method you used upon making the purchase if possible (Paypal). Otherwise, the client will have to communicate, using the Return Form, the bank details where to be accredited the refund.

6.3 Whichever product sent without following the over said instructions will not be accepted and will be sent back to the client, without issuing any refund.

6.4 The goods must be sent intact (ie not used, damaged and/or soiled by the customer and complete of all the packagings and original accessories) together with the approved Refund Form.

6.5 If the conditions are met, the client has the right to get a reimbursement of the total amount excluding the shipping costs. Coupons or Discounts used to buy the clothes will be substituted with new ones to be used for future purchases. The Client should give back all the purchased items, if they are part of a promotion, to get a total refund. Any items kept by the client will be charged at full market value.

PLACE OF JURISDICTION

7.1 The Contract is under the jurisdiction of the Italian Law.

7.2 Any controversy related to the application, execution, interpretation and violation of the Contract will be under the jurisdiction of the Prato court.

CONSUMER LEGAL GUARANTEE

The products sold through this Site are in conformity with the applicable law. The Seller respects and protects consumer rights under the EU legal guarantee of conformity and accepts responsibility for any defect that becomes apparent within two years of product delivery in accordance with the Italian law. The legal guarantee applies exclusively to the case when the Customer is an individualpurchasing the products for private use only.

The products will be taken to conform with the applicable law provided that they:

comply with the description given by the Seller and possess the qualities of the goods which the Seller has held out to the Customer as a sample or model;
are fit for any particolar purpose for which the Customer requie them and which he made known to the Seller at the time of conclusion of the contract and which the Seller has accepted;
are fit for the purposes for which goods of the same type are normally used;
show the quality and performance which are normal in goods of the same type and which the Customer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the Seller, the producer or his representative, particularly in advertising or on labelling.

The following defects will not be regarded as “lack of conformity”:

personal comfort preferences for garments;
damage caused by cutting, burning, die-cuts, liquids or stains due to action on the part of the customer;
wear and tear;
loss of buttons on closures;
breakage of zips during use caused by mechanical jamming.

In accordance with the Italian law, the Customer shall forfeit all such rights unless the Seller is notified of the defect within a period of two months from the date on which the defect was discovered. To this end, the Customer shall send the notification in writing to the following address: Fiordaliso S.r.l. – Via Giuseppe Paolini11/D, 59100Prato (IT), or by email to: servizioclienti@artedeimercatanti.com.

In order to enjoy the legal guarantee, the Customer must provide evidence of the delivery of the product by keeping the purchase invoice, or any other document demonstrating the date of purchase (for example, a credit card statement) and the date of delivery.

In the case of a lack of conformity, in the first place, the Customer may require the seller to repair the products, in either case free of charge if this is impossible or disproportionate, they may ask a reduction of the purchase price or the termination of the present contract.

Once the request has been submitted, the Seller will reply to the Customer within seven days of the date of receipt, indicating its intention to fulfil the request, or the reasons preventing the Seller from doing so.

Should the Seller decide to accept the Customer’s request, it must indicate the method for sending or returning the product as well as the period within which the defective product must be returned or replaced, without any additional expense for the Customer.

Should repair or replacement of the product be impossible or excessively burden some, or should the Seller not have performed the repair or replacement of the goods within the period specified in the previous paragraphs, or should the replacement or repair previously performer have caused considerable inconvenience to the Seller, the latter may, at their own discretion, request a suitable price reduction or termination of the contract. In such cases, the Customer must send their request to the Seller and the latter must reply to the Customer within seven days of the date of receipt, indicating its intention to fulfil the request, or the reasons preventing it from doing so. The Customer is not entitled to have the contract rescinded if the lack of conformità is minor.

Should the Seller accept the Customer’s request, it must indicate the proposed reduction of price or the method for returning the defective product in exchange for reimbursement of the total sale price in the manner indicated by the Customer.

Payment methods available

PayPal: the operation is free and safe, it requires only an email and password, while the credit card number will remain secret.

Wire transfer: the client will receive an email with the bank details. Once the payment has been done the system will take the order in charge. The payment by wire transfer can delay the elaboration of the order.

Payment protection

Fiordaliso takes every precaution to protect personal information, by not memorising the details of the credit card. The safety of the payments it’s also guaranteed by the encryption system SSL, used for every transition made on the site: the details of your credit card won’t be accessible to anyother person.

Billing

Invoicing is allowed only for purchases with delivery in EU countries. The invoice has to be requested at the checkout into “Invoicing address” section.