利用規約

GENERAL TERMS AND CONDITIONS OF SALE

1. Scope.
1. These general terms of sale (the "Terms") apply to the sale of products branded "RAFTIS" or "FRANCESCO GUIDA" (hereinafter collectively "Products" or individually "Product") on the website www.francescoguida.it (hereinafter the "Site") owned by the sole proprietorship Emilio Biancalani, with principal place of business in 59100 Prato (PO), Via Rinaldesca N. 23/25 Tax Identification number 02083880977, Individual Tax Identification Number BNCM-LE77B02G999U ("Seller").
2. Parties.
1. Products are sold on the Site for retail purposes exclusively for end customers who purchase the Products for personal purposes and not related to any entrepreneurial, commercial, craft or professional activity ("Customers" or "Customer").
2. The Products available on the Site are sold by Seller.
3. Each purchase of Products is governed by these Terms in the version that will be uploaded on the Site at the time the order is submitted by the Customer. By purchasing the Products on the Site, the Customer fully accepts the version of the Terms uploaded at the time of the order submission. If the Customer does not accept the Terms, the Customer is invited not to purchase the Products on the Site. Should the Customers have any question, the Customers may contact the Seller at the following email address: atelier@francescoguida.it before to any transaction on the Site.
4. In order to proceed with purchases of Products on the Site, the Customer must be of age (18 years) and have the capacity to legally act. By purchasing the Products on the Site, the Customer represents to be of age (18 years) and have the capacity to legally act.
5. The Seller reserves the right not to accept or process purchase orders for Products that do not comply with the Terms.
6. The Seller reserves the right to modify or update the Terms at any time, at its discretion, including, without limitation, as a result of changes to any applicable law and regulation with no need to provide the users of any notice.
7. For any communication related to purchases on the Site, including complaints and communications relating to the exercise of the right of withdrawal, etc., the Customer may send an email to the following address: atelier@francescoguida.it.
3. Products Selection. Orders and Purchases.

1. The Products can be purchased through the selection and insertion by the Customer in the shopping cart. After selecting the Products the Customer must fill out the order form providing their personal and shipping data and follow the instructions that will appear on the screen in order to purchase the selected Products in the shopping cart.
2. In order to purchase one or more Products through the Site, the Customer will be required to provide its personal data and shipping information by filling out the appropriate order form.
3. Once the order form has been completed, the Customer will view its order with an indication of the amount to be paid and an indication of the shipping costs.
4. Once the accuracy of the data entered is verified, the Customer may submit its order to the Seller subject to express approval of these Terms and the Privacy Policy.
5. To confirm and submit the order to the Seller, the Customer must click on "Proceed to payment". By clicking on the "Proceed to payment", the Customer will be directed to the platform made available by PayPal to make the payment and then the order will be sent to the Seller.
6. The display of the Products on the Site does not represent an obligation of the Seller to the sale and represents an invitation to the Customer to provide a contractual purchase proposal and not an offer to the public.
7. Sending the order to the Seller through the Site has the value of a contractual proposal governed by these Terms which are incorporated into the order and that the Customer is required to accept in full and without reservation by sending the order to the Seller. Before proceeding with the purchase of the Product, by sending the order to the Seller, the Customer will be asked to carefully read these Terms, including any information on its right of withdrawal, print a copy using the print command and store or reproduce a copy thereof for its own personal use.
8. The Customer's purchase order is accepted by the Seller by sending the Customer an email confirming the order to the email address provided by the Customer.
9. Each contract for the purchase of Products shall be considered executed between the Seller and the Customer at the time the Customer receives the order confirmation from the Seller.

1. Delivery of Products and Acceptance.
1. The Seller shall use its best efforts to comply with the delivery times indicated in the e-commerce section of the Site and, in any event, shall carry out the delivery within a time of 30 (thirty) days as of the confirmation of the Customer's order by the Seller, unless the Seller informs the Customer of the impossibility of delivering the Products due to unavailability thereof, including temporary unavailability.
2. The shipment of the Products ordered by the Customer will take place in the manner selected by the Customer among those available and indicated on the Site at the time the order is submitted.
3. The Customer shall promptly verify that the shipment includes all Products purchased and inform the Seller of any eventual defect in the Products received or their discrepancies with respect to the order submitted. In the event of absence of any communication herein indicated by the Customer, the Products shall be considered accepted by the Customer.
4. Should the package of the Products ordered by the Customer arrive at their destination clearly damaged, the Customer is invited to refuse delivery by the carrier or to accept delivery "with reserve". In the absence of such refusal or acceptance with reserve, the Customer assumes the risk of any damage to the Products.
2. Prices, Shipping Costs, Taxes and Duties.
1. The price of the Products is that indicated on the Site and in the summary of the order submitted. This price includes the costs of packaging the Product, VAT (if applicable) and any indirect taxes (if applicable), while it does not include the shipping costs that are calculated and shown in the order summary before of its sending to the Seller and that the Customer shall pay to the Seller in addition to the price of the Products indicated on the Site.
2. The Customer must pay the total price to the Seller shown in the order summary.
3. The Customer is solely responsible for any additional costs, charges, taxes or duties that the country (of destination of the shipment) should apply to Products purchased through the Site for whatever reason according to these Terms.
4. The Customer acknowledges that in case of refusal of the Products by the Customer or failure to deliver the Products for cause attributable to the Customer or to the recipient (e.g. wrong address or wrong telephone number of the recipient; repeated absence of the recipient, etc.) the Seller may withhold the Products and charge the Customer an amount to cover the shipping costs of the Products, the costs of their return and any customs duty and additional tax applicable to the sale.
3. Payments
1. Payment can be proceeded by “PayPal”, “Pay By Link”, bank transfer or credit card.
2. The Customer expressly accepts that the performance of the purchase contract by the Seller will start at the time the price of the purchased Product(s) is credited to the Seller's account.
3. The Seller will send the Customer the tax receipt relating to the purchase of the Products in paper format by inserting it in the package containing the Products purchased.
4. Warranties by Seller. Products Defects.
1. Pursuant to and for the purposes of the European Directive 44/99/EC and the Italian Legislative Decree no. 206/2005 (hereinafter the "Consumer Code"), the Seller guarantees the Customer that the Products will be free from design and material defects and conform to the descriptions published in for a period of 2 (two) years from the date of delivery of the Products to the Customers.
2. Such warranty shall be considered waived in the event that the Customer fails to report any defects and non-conformities within 2 (two) months from its discovery by the Customer by sending a communication to the email address: atelier@francescoguida.it.
3. In the event of defects or non-conformities, the Customer will be entitled to have the Product repaired or replaced by the Seller. Alternative remedies may be available in accordance to Section 130 of the Consumer Code.

1. Liability for Defective Products.

1. With regard to any damage caused by defects in the Products, the provisions of the European Directive 85/374/EEC and the Consumer Code apply. The Seller in its capacity as distributor of the Products through the e-commerce section of the Site shall have no liability of any nature whatsoever and will indicate the identity and address of the related producer at the request of the damaged Customer.
1. Termination.
1. Without prejudice to the exceptions set forth in Article 59 of the Consumer Code, the Customer has the right to terminate any purchase contract under these Terms without having to provide any reasons and without any penalty within the term of 14 (fourteen) days from (i) the delivery of the Product to the Customer or (ii) in the event of the purchase of several Products delivered separately with a single order the delivery of the last Product provided under such order.
2. To exercise such termination right, the Customer must inform the Seller before the expiration of the term above mentioned of his decision to terminate by sending a termination notice to the Seller at the following email address: atelier@francescoguida.it or filling out in the appropriate termination form available on the Site and sending it to the following email address: atelier@francescoguida.it.
3. In the event the Customer already received the Product(s), he shall return it to the Seller without undue delay and, in any event, within 14 (fourteen) days from the day of the termination notice delivered hereunder. The Customer shall bear the costs of returning the purchased Product.
4. In the event of termination, the Customer will be reimbursed for the payments made, including the costs of shipping and delivery to the Customer (except additional costs arising out of the possible choice of a type of delivery other than the least expensive delivery standard available), without undue delay and, in any event, no later than 14 (fourteen) days from exercising the right of termination.
5. The Customer cannot exercise this right of termination for contracts for the purchase of customized or personalized goods or which cannot be returned by their nature or are likely to deteriorate or alter rapidly and in any other event provided under art. 59 of the Consumer Code.
2. Intellectual Property Rights.

1. The Customer acknowledges and accepts that (i) any and all trademark, logo, title, company name, domain name, distinctive sign, product name, registered or unregistered, of "RAFTIS" and / or "Francesco Guide " or " Emilio Biancalani " contained in the Site, (ii) any and all products referable to them or design, “relative model”, even if not registered, reproduced on the Site, (iii) any and all content or textual, visual, audio, audiovisual material of the Site, including without limitation settings and graphics, informative or editorial content, images, photographs, illustrations, music, videos are and remain the property of Emilio Biancalani. Nothing contained in these Terms or in the Privacy Policy may have the effect of transferring, licensing and or otherwise disposing of the aforementioned rights of the Customer or any third party. The Customer shall not to perform or omit any act that does not respect or otherwise may prejudice the rights herein provided.
2. Customer data and privacy protection.
3. In order to proceed with the sending of the order and therefore the formation of the purchase contract pursuant to these Terms, some personal data from the Customer are requested through the Site.
4. The Customer acknowledges that the personal data provided by the Customer will be processed by the Seller in compliance with the Italian law Legislative Decree no. 196/2003 as amended from time to time and pursuant to EU Reg. 679/2016 - (the "Privacy Law") and the Privacy Policy in order to perform each purchase contract together with the Customer’s consent for any additional purposes as indicated Privacy Policy provided or available to the Customer.
5. The Customer represents and warrants that in providing the data to the Seller during the registration and purchase process, the Customer shall comply with the applicable laws and regulations, including the provision of accurate and true data and that the Customer will be responsible for the usage of data that are incorrect or false or any information concerning third parties not supported by their consent.
6. For any further information on the methods of processing the personal data of the Customer, please access the Privacy Policy section of the Site.
7. Applicable law and Jurisdiction.
8. These Terms and any purchase contract entered into by and between the Seller and a Customer pursuant to the Terms will be governed and interpreted in accordance with Italian laws and by the Consumer Code herein included with specific reference to the Italian legislation on “distance contracts” and Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any event, mandatory applicable provisions on the rights of Customer(s) may apply depending upon the State of residence of the Customer(s)
9. In the event of any dispute between the Seller and a Customer, any dispute shall be brought exclusively in any court that has jurisdiction depending upon the place of residence or domicile of the Customer, provided such Customer is resident or domiciled in Italy. If the Customer is not resident or domiciled in Italy, any dispute shall be brought to the Court of Prato, Italy.