General Conditions of Sale

www.facefors.com

Supplier identification

The goods covered by these general conditions are offered for sale by B-HI Studio Srls, with headquarters in Via Piemonte, 34 – 20070 Vizzolo Predabissi (MI), email bhistudio@pec.it, registered at the Milan Monza Brianza Lodi Chamber of Commerce to n. MI-2518728 of the Business Register, tax code 10274670966, VAT number 10274670966 hereinafter referred to as “Supplier”.

 

Art. 1

 Definitions

1.1.  The expression “online sales contract” or “contract” means the purchase and sale contract relating to the tangible movable property of the Supplier, stipulated between them and the Buyer in the context of a remote sales system through telematic tools, organized by the Supplier.

1.2.  The term “Buyer” means the natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.

1.3.  The term “Supplier” means the person as identified above or the person who sells the goods through the website indicated in the following article.

 

Art. 2

 Object of the contract

2.1.  With this contract, the Supplier sells and the Buyer remotely purchases, via telematic tools, the tangible movable goods presented and offered for sale on the website www.facefors.com

2.2.  The products referred to in the previous point are illustrated, with specific and detailed indication of their characteristics, in the section of the web portal accessible at: www.facefors.com in the section dedicated to products.

2.3 Access to the Supplier’s online purchase service is allowed only to adults by registering with the definition of individual login and password, requested at the time of access to the final phase of the sale. The Buyer undertakes not to enter false and / or fictional data during the registration procedure which is essential for the activation of the purchase procedure, as well as for the activation of this Agreement. The Buyer guarantees that the personal data transmitted correspond exactly to his personal data. It is expressly forbidden to make multiple registrations, corresponding to the same person. The Supplier reserves the right to legally pursue any violation, for its own protection and in any case for consumers. The Supplier disclaims any liability arising from the issuance of incorrect documents and tax data due to incorrect data provided by the Buyer; in this regard, the Buyer declares that he is solely responsible for the correct insertion of his tax and personal data. The Buyer undertakes to take all necessary measures to preserve the information relating to his password and assumes responsibility for any damage caused to the Supplier and / or to third parties due to failure to comply with the aforementioned confidentiality obligations.

In any case, the Supplier cannot in any case be held liable towards the Buyer and / or third parties for the abusive use of the Password and, in general, of the online purchase service through the website www.facefors.com by unauthorized third parties.

 

Art. 3

 Modality of stipulation of the contract

3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet in remote electronic mode, by the Buyer’s accessing at the web address www.facefors.com, where, following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in point 2.1 of the previous article. The Buyer is aware that in order to access the website www.facefors.com it is necessary to have an Internet connection whose costs are borne by the Buyer according to the terms established by its connectivity provider.

 

Art. 4

 Conclusion and effectiveness of the contract

4.1.  The online sales contract concludes following the timely completion of the registration form by the Buyer – whose personal data are processed in the manner indicated in the Privacy Policy, and following acceptance of the “Terms and conditions of sale” – and sending the purchase form filled in by the system after entering the selected products in the electronic cart. Before the final sending of the order, the Purchaser will be invited to check the contents of the cart, with a summary of the same in which the details of the orderer and the order, the price of the selected goods, shipping costs and any other additional accessory charges if applicable, terms and payment methods, the address where the goods will be delivered, delivery time and terms for exercising the right of withdrawal, where applicable.

4.2. When the Supplier receives the order from the Buyer, the Supplier sends a confirmation e-mail or displays a web page confirming and summarizing the order itself, which also shows the data recalled in the previous point.

 

Art. 5

Methods of payment and withdrawal

5.1.  Payment by the Buyer can only be made by means of one of the methods indicated in the purchase procedure by the Supplier.

5.2.  The Supplier reserves the right to vary the means of payment that can be used, it being understood that those published in the page at the time the order is sent by the Buyer will be considered usable.

5.3.  Any refund of the Buyer will be credited using the same payment method chosen by the Buyer at the time of placing the order. The right of withdrawal is governed by the dedicated section available on this page.

5.4 All communications relating to payments take place using third-party encryption systems placed to protect the transactions carried out (eg PayPal payment system) and on which the supplier has neither visibility nor responsibility.

 

Art. 6

Delivery times and methods for purchases made on www.facefors.com

6.1.  The Supplier will deliver the selected and ordered products, according to the methods chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point 4.2.

 6.2.  Shipping times may vary from the day following the order to a maximum of 30 (thirty) days from the confirmation of the order, as required by current legislation. In the event that the Supplier is unable, for whatever reason, to ship within this period, it will promptly notify the Buyer by e-mail sent to the address provided by the latter during the purchase procedure.

 6.3.  At the time of delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to what is indicated in the transport document attached to the goods shipped; b) the packaging is intact and not altered even in the closing tapes if present.

 6.4   In the event that the delivered goods show any damage presumably caused by transport, the Buyer can refuse delivery and immediately notify the Supplier, who will make the necessary complaints to the shipper, arranging for a new shipment once the disputed goods have been received.

 6.5   In the event that the customer decides in any case to accept the goods in delivery, despite the packaging being seriously damaged and / or tampered with, in order to safeguard his rights he must report the unsuitability of the package to the courier, affixing the writing “RESERVE OF CONTROL OF GOODS DUE TO… ”(indicating the reason for the reservation in question) on the delivery document, of which he must keep a copy.

 

Art. 7

 Prices

7.1.  All product’s sales prices are indicated on the web address www.facefors.com in the section dedicated to the products or other page available on the website, they are expressed in Euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.

 

7.2.  The sales prices referred to in the previous point are inclusive of VAT and any other tax. Shipping costs and any ancillary charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure before the Buyer places the order and contained in the summary web page of the order, as well as in the summary e- mail sent following the conclusion of the purchase procedure.

7.3. Any promotional offers are specifically indicated and marked on the site with the words “promotional offer”, “product on promotion” or by equivalent names.

 

Art. 8

 Product availability

8.1.    The Supplier ensures through the electronic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the products available and those not available, as well as the shipping times.

8.2.  Should an order exceed the available quantity, the Supplier, by e-mail, will inform the Buyer if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if it intends to confirm the order or less.

8.3.  The Supplier’s computer system will confirm the successful registration of the order as soon as possible by sending the Buyer a summary e-mail, pursuant to point 4.2.

 

Art. 9

Responsibility of the Supplier

9.1.   The Supplier assumes no responsibility for disservices due to force majeure or unforeseeable circumstances.

9.2.   The Supplier cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its subcontractors.

9.3.  The Supplier will also not be liable for damages, losses and costs incurred by the Buyer as a result of the failure to execute the contract for reasons not attributable to him.

9.4.  The Supplier assumes no responsibility for any fraudulent or illegal use that may be made, by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has adopted all the possible precautions based on the best science and experience of the moment and based on the ordinary diligence required.

 

Art. 10

Obligations of the Supplier for defective products, proof of damage and compensable damages

10.1.   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 with an imperative legal rule or a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer has put the product into circulation, it still did not allow to consider the product defective.

10.2.  No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it. Likewise, defects resulting from bad and / or incorrect use of the purchased goods, from external causes (e.g. bumps, falls, etc.), from carelessness and improper use, are not attributable to the Supplier’s responsibility.

10.3.  In any case, the damaged party must prove the defect, the damage, and the causal connection between defect and damage.

 

Art. 11

Guarantees and methods of assistance

11.1.     The Supplier is liable for any lack of conformity that occurs within 2 (two) years from the delivery of the goods.

11.2.      The Purchaser loses all rights if he does not report the lack of conformity to the Supplier within 2 (two) months from the date on which the defect was discovered.

11.3.     In any case, unless proven otherwise, it is assumed that the lack of conformity which occurs within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.

11.4.     In the event of a lack of conformity, the Buyer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request is not objectively impossible to satisfy or is excessively burdensome for the Supplier. Products that show clear signs of tampering or failures caused by their improper use or by external agents not attributable to manufacturing defects are not covered by the guarantee.

11.5.    The request must be received in writing, by registered letter with return receipt, to the Supplier, who will indicate his willingness to proceed with the same – or the reasons that prevent him from doing so – within 7 (seven) working days of receipt. In the same communication, where the Supplier has accepted the Buyer’s request, he must indicate the method of shipping or returning the goods as well as the deadline for the return or replacement of the defective goods.

 

Art. 12

Obligations of the Buyer

12.1.  The Buyer undertakes to pay the price of the purchased goods within the times and methods indicated in this contract.

12.2.  The Buyer undertakes, once the online purchase procedure has been completed, to print and store this contract received by e-mail attached to the purchase order confirmation.

12.3.  The information contained in this contract has, however, already been viewed and accepted by the Buyer – who acknowledges it – before confirming the purchase, through electronic procedures.

 

Art. 13

Right of withdrawal

13.1 Pursuant to Legislative Decree 21/02/2014 n. 21, the Buyer has the right to withdraw from this contract within 14 (fourteen) days, starting from the day the purchase order for the Products is sent. In the event that the Buyer makes use of the right of withdrawal, he must notify the Supplier by pec at bhistudio@pec.it. It is understood that the Buyer, to exercise the right to refund the price of the Product, must return the Product intact in its packaging with labels and, in any case, not opened, not used or worn. In the event of withdrawal, the Buyer will bear the sole costs of shipping and transporting the Product to the Supplier’s headquarters. Products that are not returned according to the aforementioned methods will not be accepted by the Supplier and, consequently, not refunded. It is understood that in the event of a right of withdrawal, the Supplier is not liable for any theft or loss of the Products which occurred during the shipment of the goods to the Supplier’s headquarters. For the exercise of withdrawal by the Buyer, the Supplier will refund the price of the Product, within 14 days of receipt of the notice of withdrawal provided that within this period the goods have been returned in accordance with the conditions and in the manner indicated in this article. The Buyer must send the returned goods to the following address: B-HI Studio Srls. Via Piemonte, 34 20070 Vizzolo Predabissi (MI)

 

Art. 14

 Protection of the confidentiality and processing of the Buyer’s data

14.1  The Supplier protects the privacy of its customers and guarantees the compliance of the processing of personal data with the provisions of the privacy legislation referred to in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.

14.2   The personal and fiscal data acquired by the Supplier, the data controller, are collected and processed in the forms and in the manner prescribed by the site’s Privacy Policy.

 

Art. 15

Communications and complaints – ODR platform

15.1. Written communications directed to the Supplier and any complaints will be considered only if sent by email to info@facefors.com. The Buyer undertakes to indicate in the registration form on the website his residence or domicile, the telephone number and the e-mail address to which he wishes the Supplier’s communications to be sent.

15.2 Pursuant to art. 14 of the European Regulation 524/2013, the Supplier informs the Buyer that in the event of a dispute he may file a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and reachable at the following link http://ec.europa.eu/consumers/odr/. However, the Supplier invites the Buyer to use the email channel info@facefors.com to resolve any type of issue directly.

 

Art. 16

 Applicable law and competent court

16.1  This online sales contract is governed by Italian law. For any dispute relating to the interpretation and execution of this contract, the Court of the place where the Buyer, as a consumer, has his residence will be competent.

16.2 If any of the provisions contained in this online sales contract is considered invalid, void or unenforceable for any reason, this provision will be deemed separate and will not affect the validity and applicability of the other provisions