Terms & Conditions
1. Sales Conditions
These general terms of sale apply to the purchase of Errico Formicola branded products (hereafter "Products") performed through the e-commerce site www.erricoformicola.com (hereafter the "Site") by users who qualify as "Consumers" pursuant to the following article 1.2. The Site, owning Errico Formicola s.r.l. as a single member, with its registered office Via Aniello Falcone 258 - 80127 Naples, VAT number and Fisc Code. 04514100652.
Errico Formicola holds the rights to the domain name of the Site, logos and trademarks, relating to the products presented on the Site, as well as copyright on the contents of the Site.
Any communication of the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests regarding the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the contact details and in accordance with the methods indicated on the Site and at the e-mail address email@example.com.
Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.
The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. In order to make purchases through the Site, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess.
Any costs for connecting via the Internet to the Site, including telephone ones, according to the rates applied by the operator selected by the Consumer himself, are the sole responsibility of the Consumer.
2. Features of the Products and their availability
The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time of sending the order by the Consumer, with the exclusion of any other condition or term.
The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date. The prices, products for sale on the Site and/or the characteristics of the same, are subject to change without notice. Before sending the purchase order pursuant to point 3, the Consumer is invited to verify the final sale price.
The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request their delivery in one of the states that are indicated on the Site.
3. How to purchase
The presentation of the Products on the Site, not binding on the Seller, represents a mere invitation to the Consumer to formulate a contractual offer of purchase and not an offer to the public.
The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and which the Consumer, through the transmission of the order to the Seller, is required to accept in full and without reservation any. Before proceeding to the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy through the printing command and to store or reproduce a copy for his personal use. In addition, the Consumer will be asked to identify and correct any errors in the entry of his data.
The consumer's purchase order is accepted by the Seller by sending to the Consumer, to the e-mail address declared by them to the Seller at the time of registration on the Site or transmission of the order if the Consumer is not registered on the Site, an e-mail confirming the order itself, which will report the link to the text of these general conditions of sale, the summary of the order placed and the description of the characteristics of the ordered Product. The Consumer's order, the confirmation of the Seller's order and the general conditions of sale applicable to the relationship between the Parties will be stored electronically by the Seller in their computer systems and the Consumer may request a copy by sending an e-mail communication to the Seller at the address firstname.lastname@example.org.
Each contract of purchase of the Products is understood to have been concluded at the time when the Consumer receives confirmation of the order from the Seller by e-mail.
4. Product selection and purchase procedure
The Products presented on the Site can be purchased through the selection of products of consumer interest and their inclusion in the appropriate virtual shopping cart. After the selection of the Products, to make the purchase of the Products inserted in the cart, the Consumer will be invited to register on the Site, providing the requested data, or to log in, if the Consumer is already registered or to provide his data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be required to confirm his data (for example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where he can contact him for any communications related to the purchase made. The Consumer will display a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check mark on the Site and finally, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in this contract. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides on the immediate payment method (contextual to the purchase) by credit card, bank transfer or PayPal he will be required to communicate the relevant data through a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged only at the time of transmission of the confirmation of the order from the Seller to the Consumer.
If during the selection procedure of the Products on the Site, the Consumer detects that the price of one or more of the Products he intends to select for the next purchase is clearly lower than that normally applied, net of any discounts and/or promotions at that time in force, due to an obvious technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service, sending an e-mail to the e-mail address email@example.com.
5. Delivery Terms
The Site indicates the availability of the Products and the delivery times of the same, however, this information is to be considered purely indicative and not binding on the Seller.
The Seller undertakes to do everything in its power in order to respect the delivery times indicated on the Site and, in any case, to carry out the delivery in 48/72 hours from the day on which the Consumer has transmitted the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product.
The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time of sending the order. The Consumer undertakes to promptly check and in the shortest possible period that the delivery includes all the products purchased and to promptly inform the Seller of any defect of the products received or of their differences with respect to the order placed, according to the procedure referred to in the following art. 8 of these general conditions of sale, failing which the products will be accepted. If the packaging or packaging of the products ordered by the Consumer reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier /shipper or to accept their delivery "subject to reservation".
6. Shipping costs
The price of the Products is the one indicated on the Site at the same time as the sending of the order by the Consumer. The prices include VAT and any indirect taxes (if applicable), while they do not include shipping costs that are calculated before the confirmation of the order transmitted by the Seller to the Consumer and that the consumer himself undertakes to pay to the Seller in addition to the price indicated on the Site.
Below are the costs of shipments borne by the Consumer:
- For the whole of Italy the shipping costs are free of charge;
To find out the shipping costs for the rest of the world, click HERE.
The Consumer must pay the Seller the total price, as reported in the order and in the confirmation of the order sent by e-mail from the Seller to the Consumer.
The Consumer expressly agrees that the execution of the contract by the Seller will begin at the time of crediting the price of the Product(s) purchased to the Seller's current account.
Payment can be made by bank transfer or by PayPal, under the following conditions. The Seller may allow further payment methods, indicating them in the payments section of the Site.
If PayPal is chosen as the payment method, the transaction will take place on servers owned by PayPal and can be finalized by the customer by debiting his PayPal account or through a transaction made by credit card, filling in the fields of the appropriate form on the payment screen. Any errors related to the verification of the aforementioned transaction will not be attributable to www.erricoformicola.com but it is available to provide the necessary assistance to resolve the error. Direct credit card payments are also accepted through this circuit.
- Anticipated Bank transfer
Payment is made through a bank transfer for which the IBAN coordinates of www.erricoformicola.com are provided by email to the customer once the payment method has been chosen. An accounting copy of the transaction receipt is required as proof of the transaction receipt and to shorten the shipping times as much as possible.
8. Defect reporting
Pursuant to and for the effects of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free of design and material defects as well as conforming to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty in case of use or washing of the Product does not comply with the product's own and the instructions/warnings provided by the Seller and/or the Owner, or reported in the reference illustrative documentation, tags or labels.
Under penalty of forfeiture of this warranty, the Consumer has the burden of reporting any defects and non-conformities no later than 2 (two) months after discovery, transmitting to the Seller an email at address firstname.lastname@example.org with indication of the defect and/or non-compliance found, as well as the related documentation indicated in the return form itself (at least 1 (one) photograph of the Product, confirmation of the order transmitted by the Seller and/or the tax receipt).
Following receipt of the report, the Seller will evaluate the defects and non-conformities reported by the Consumer and, after having carried out the qualitative checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with an e-mail feedback to the address provided by the latter during the registration process to the Site or during the transmission of the order. The authorization to return the Products will not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products of which the Seller has authorized the return must be returned by the Consumer, together with a copy of the notice of authorization to return within 30 (thirty) days from the complaint of the defect or non-compliance, at the following address: Errico Formicola s.r.l. a sole member, with registered office Via Aniello Falcone 258 - 80127 Naples.
If the Seller is required to refund the price paid to the Consumer, the refund will be made, where possible, through the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, always by e-mail to the address email@example.com the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due.
9. Liability for damage from defective products
With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree No 206/2005 (Consumer Code) apply. The Seller, as distributor of the products through the Site, frees himself from any liability, none excluded and/or except, indicating the name of the relative manufacturer of the product.
10. Right of withdrawal
Standard instructions on withdrawal pursuant to art.49, paragraph 4, of Legislative Decree 206/2005.
The Consumer has the right to withdraw from the contract, without indicating the reasons, within 14 days from the date of delivery of the products. The withdrawal period expires after 14 days from the day on which the Consumer acquires physical possession of the goods. In order to exercise the right of withdrawal, the Consumer is required to inform us of his decision to withdraw from this contract through an explicit declaration to our customer service at the address email: firstname.lastname@example.org.
11. Effects of withdrawal
If the Consumer withdraws from this contract, all payments he has made in our favor will be refunded, including delivery costs (with the exception of the additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day on which we are informed of the decision to withdraw from the contract. These refunds will be made using the same means of payment to be used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any case, it will not incur any costs as a result of such reimbursement. The Consumer is requested to return the goods or to deliver them to us without undue delay and in any case within 14 days from the day on which he has informed us of his withdrawal from this contract.
The deadline is respected if the Consumer sends the goods back before the expiry of the 14-day period. The direct costs of returning the goods will be borne by the Consumer who will be responsible only for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
12. Consumer data and privacy protection
The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful and may at any time update and/or modify their personal data provided to the Seller through the appropriate section of the "My Account" Site accessible upon authentication.
13. Jurisdiction and competent court
Any dispute relating to the application, execution, interpretation, and violation of purchase contracts concluded online through the website is subject to Italian jurisdiction. With the exception of the cases provided for in art. 63 of Legislative Decree no. 206/2005, any dispute between the parties concerning the application, execution, interpretation and violation of this contract will be the exclusive competence of the Court of Naples.