These General Terms and Conditions of Sale govern the sale of products marketed by Ferrino e C. S.p.A., with registered office at Corso Lombardia, 73 – 10099 - San Mauro Torinese (TO) VAT number 00516070018, and bearing the FERRINO trademark ("Products") through the website ferrino.it ("Site").
The products marketed through the Site are sold to the purchaser (“Customer” or “Consumer”) by Calicantus S.r.l. ("Seller"), with registered office at via L. Mazzon, 30 Quarto D'Altino (VE), VAT number 037590272.
1. CONTACT DETAILS
1.1. For any information about the Products, you can contact Ferrino e C. S.p.A. by filling in the form or sending an email to prociv@ferrino.it or by calling +39 011 22 30 711.
1.2. For any information regarding orders, payments, shipments and returns, you can contact the Seller by filling in the form or by calling 0422 782890.
2. CONCLUSION OF THE SALES CONTRACT
2.1. To proceed with the purchase of one or more Products, the Customer must complete an order form, providing all the mandatory information required.
2.2. The Customer can place orders either as a registered user, after creating an account, or as a guest. Before confirming the order, the Customer must read and accept these General Terms and Conditions of Sale by ticking the corresponding acceptance box.
2.3. Subsequently, the Customer will receive an order receipt email (the “Order Confirmation”). The receipt of the Order Confirmation does not constitute acceptance of the order proposal.
2.4. The purchase is considered perfected and concluded only when the order proposal is accepted by the Seller. The Seller will send the Customer a subsequent email to confirm acceptance of the purchase proposal and inform them that the order is being shipped.
2.5. The order may be refused in the following cases:
a) due to unavailability of the ordered Product(s);
b) in case of failure to authorise charging the total cost of the Product(s) via one of the applicable payment methods;
c) when, at the time of purchase, the indicated price is clearly incorrect (e.g. prices too high or too low compared to the prices normally applied for the same Product if no promotion justifies the price indicated on the Site, incorrect calculation of VAT or other applicable taxes).
2.6. Should the Seller refuse an order as indicated in paragraph 2.5 above, they will send the Customer an email communication of the order refusal and will refund the Consumer if payment has already been made. Such refund will be made using the same methods used for the purchase (see article 5) without undue delay and, in any case, within 10 (ten) working days from the communication of order refusal.
2.7. The images displayed on the Site are provided for illustrative purposes only. While efforts are made to ensure that the representations of the items on the Site are as faithful as possible to those offered for sale, variations may occur. It is not possible to guarantee that the actual appearance of the items exactly matches that shown on the screen. Therefore, the Seller assumes no liability for errors or inaccuracies in photographs and/or graphic representations of the items, including any differences in tone or texture, which may result from technical limitations in colour and/or texture rendering due to the specifications of computer equipment. In any case, even in the event of obvious discrepancies between the actual characteristics of the items and their representation, the Seller cannot be held responsible for such discrepancy.
3. RIGHT OF WITHDRAWAL
3.1. The right of withdrawal is recognised to the Customer only if they purchase the Products as a consumer, as defined in Article 3, letter a) of the Consumer Code. If the Customer purchases the Products as a professional, as defined in Article 3, letter c) of the Consumer Code, the right of withdrawal may be granted at the Seller’s discretion.
3.2. The Customer may withdraw from the Contract within 14 calendar days from the date of delivery of the Product. To exercise this right, it is sufficient to follow the procedure described in paragraph 3.3 below and the methods set out in the Return Form before the expiry of the withdrawal period.
3.3. The Customer must take all necessary measures to preserve the integrity of the Product and do everything possible to ensure that the Product is returned in the best possible condition, with original undamaged packaging, any instruction manuals, or separate items and any other delivered components. The Product must not have been handled except to the extent necessary to establish its nature, characteristics and functioning. If these conditions are met, the Customer will be entitled to a refund of the purchase price of the Product(s) concerned in accordance with the provisions set out below.
3.4. To exercise the right of withdrawal, the Customer must complete the following Return Form. The Customer will be responsible for the integrity of the Product as long as it remains in their possession.
3.5. If the Customer decides to return the Product and provided that the right of withdrawal from the contract has been exercised within the 14-day period starting from the delivery of the Product, payments received will be refunded - using the same payment method used for the purchase - without undue delay and, in any case, no later than 14 days from receipt of the withdrawal notification and proof of return of the Product.
3.6. If the returned Product is found to be damaged/malfunctioning, worn or tampered with, or shows physical, aesthetic or surface alterations due to improper use or negligence by the Customer, the latter will be required to pay the price of the Product and related costs, including shipping charges and taxes, as originally agreed. Returns of Products whose serial numbers do not match those indicated on the original delivery invoice will also not be accepted.
3.7. The right of withdrawal from the Contract is excluded in the case of purchases of customised made-to-measure Products pursuant to Article 59, letter c) of the Consumer Code.
4. SHIPPING
4.1. Ordered Products will be delivered to the address indicated by the Customer. Delivery times vary depending on the destination and the selected shipping method. Shipments are generally made on working days (Monday to Friday). The times indicated are indicative and non-binding, provided that, in accordance with current consumer protection legislation, delivery must take place within a maximum period of 30 days from the conclusion of the contract.
4.2. During promotional periods, sales or holidays, delivery times may be extended by up to a maximum of 15 working days compared to normal transit times.
4.3. Once shipment has been made, the Customer will receive, at the email address provided when ordering, a communication containing the tracking number to monitor the delivery status.
4.4. Delivery to the address indicated by the Customer by the courier may not be possible if the type of Products and/or the structural characteristics of the destination location do not allow it. This may occur, for example, in the case of particularly bulky or heavy items, or if lifts, freight elevators or other suitable conditions for transport to upper floors are not available.
4.5. Any shipping costs, if applicable, will be indicated at the time of order completion.
4.6. The risk of loss or damage to the Products passes to the Customer at the time of physical delivery of the goods, or when a person designated by them takes possession.
5. PRICE, VAT, DUTIES, PAYMENT METHODS
5.1. The prices applicable to the Products are those indicated on the Site, except in the case of an incorrect price pursuant to Article 2.5 letter c). Unless otherwise specified before placing an order, Product prices include VAT.
5.2. In the case of deliveries to countries outside the European Union, Products may be subject to import duties and/or customs duties depending on the type of Product and the destination country. These costs will be borne by the Customer.
The Customer is required to check the customs and tax regulations in force in the destination country, it being understood that the Seller cannot be held responsible for any additional costs, delays or impediments to delivery due to customs inspections or failure by the Customer to comply with the customs or tax obligations provided for.
5.3. Payment for Products can be made through the following payment circuits and services: American Express, Maestro, Mastercard, PayPal, Visa.
5.4. If it is not possible to charge the amounts due from the Customer on the credit card within the term provided in the previous article 5.4, the contract cannot be executed and the order will be considered cancelled.
6. LEGAL WARRANTY OF PRODUCT CONFORMITY
6.1. All Products purchased on the Site are covered by the legal warranty of conformity for 24 months from the date of delivery, pursuant to Articles 128 and following of the Consumer Code. The exercise of rights in case of lack of conformity, as provided in Article 6.2 below, is subject to a limitation period of 26 months from the date of delivery.
6.2. Pursuant to Article 135 bis of the Consumer Code, in the event of a lack of conformity of the Product, the Customer has the right to return the Product without additional costs. For this purpose, the Customer may choose between repair and replacement of the Products. This right of choice cannot be exercised if the requested remedy is impossible or involves excessive costs for the Seller.
6.3. In cases where repair or replacement of the product has not been carried out or is impossible, or when the lack of conformity is particularly serious, the Customer is entitled to a price reduction or termination of the sales contract.
6.4. The warranty referred to in this article is excluded if the Customer acts as a professional. However, the possibility of using the remedies provided by the warranty for defects of the sold item, pursuant to Articles 1490 and following of the Civil Code, remains unaffected.
6.5. In case of non-conformity of the Products, the Customer can contact the Seller by filling in the following form.
6.6. The Seller will evaluate the non-conformities reported by the Consumer and will then decide whether or not to authorise the return of the Products, providing the Consumer with feedback via email.
6.7. If the Seller is required to refund the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer at the time of purchase of the Product.
7. INTELLECTUAL PROPERTY
7.1. The FERRINO trademark and, more generally, all other trademarks, illustrations, images and logos present on the Products, their accessories and/or packaging, which are subject to registration, are and remain the exclusive property of Ferrino e C. S.p.A. The total or partial reproduction, modification or use of said trademarks, illustrations, images and logos, for any reason and on any medium, is strictly prohibited without the prior and explicit consent of FERRINO. The same applies to copyrights, designs and models, patents, which are the exclusive property of Ferrino e C. S.p.A.
8. PRODUCT SAFETY (EU Regulation No. 2023/988 “GPSR”)
8.1 All Products sold on this Site are safe as provided by EU Regulation No. 2023/988 concerning the general safety of products. Pursuant to Article 19 of the aforementioned Regulation, we provide below the information relating to the manufacturer and the contact point via email: prociv@ferrino.it.
8.2 For any reports regarding the safety of the Products, you can contact the manufacturer at the above email address.
9. FORCE MAJEURE
9.1. The Seller cannot be held liable for failure or delay in fulfilling the obligations assumed herein due to circumstances attributable to it and beyond its reasonable and foreseeable control ("Force Majeure Events").
9.2. Force Majeure Events include, by way of example but not limited to, the following circumstances:
a) strikes, lockouts and other industrial disputes;
b) civil mobilisations and uprisings, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (declared or not) or threats and preparations for conflicts;
c) fires, explosions, storms, floods, earthquakes, epidemics or other natural disasters;
d) inability to use public or private telecommunications means;
e) pandemics and lockdowns.
9.3. The performance of the Seller's obligations under these General Terms and Conditions of Sale shall be considered suspended for the period during which the Force Majeure Events persist. Despite the continuation of the Force Majeure Events, the Seller undertakes to do everything in its power to find solutions that allow the proper fulfilment of its obligations.
10. PRIVACY
10.1. The Customer's personal data will be processed in accordance with the privacy policy.
10.2. For any other information regarding the processing of personal data, the Customer may contact the Seller by filling in the following form.
10.3. Within the limits provided by law, the Seller may use the personal information provided by the Customer in order to carry out appropriate payment and anti-fraud checks. In this regard, the Seller, within its data processing activities under applicable legislation, may request the Consumer to provide their identification data, if necessary also by means of a copy of an identity document; the personal information provided by the user may be verified, including by third parties such as a credit reference or fraud prevention agency which may keep a record of such information.
11. APPLICABLE LAW AND JURISDICTION
11.1. These General Terms and Conditions of Sale and the individual contracts concluded with Customers are governed by Italian law.
11.2. Any dispute arising from the interpretation or execution of these General Terms and Conditions of Sale and their consequences shall be subject to the exclusive jurisdiction of the court of the Consumer’s place of residence or domicile, in accordance with Article 66-bis of the Consumer Code.
11.3 For online dispute resolution, the Customer has the option to use the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the Customer and the Seller can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform is accessible at the following link: .https://ec.europa.eu/consumers/odr/main/?event=main.home.show.