Terms and conditions of sale
The offer and sale of products on fornasetti.com are governed by these Terms and Conditions of Sale, together with the Terms of Use, Privacy Policy, Returns Policy, and Shipping Policy. Products purchased on fornasetti.com are sold directly by Calicantus S.r.l. ("the Seller"), with registered office in Via Luigi Mazzon, 30, 30020 Quarto d'Altino (VE), and VAT number 03757590272.
For any legal information, please refer to the sections: Terms of Use, Privacy Policy, Returns Policy, and Shipping Policy.
1. OUR COMMERCIAL POLICY
1.1 The Seller offers products for sale on www.fornasetti.com and conducts its e-commerce business exclusively with its end users who are "consumers."
1.2 When we refer to "consumer," we mean any natural person who acts on www.fornasetti.com for purposes not related to their commercial, entrepreneurial, or professional activity, if any. If you are not a "consumer," we invite you to refrain from entering into commercial transactions on www.fornasetti.com.
1.3 In consideration of its commercial policy, the Seller reserves the right not to follow up on orders from parties other than "consumers" or, in any case, orders that do not comply with its commercial policy.
1.4 These Terms and Conditions of Sale exclusively govern the offer, transmission, and acceptance of purchase orders for products on www.fornasetti.com between users of www.fornasetti.com and the Seller.
1.5 The Terms and Conditions of Sale do not govern the provision of services or the sale of products by parties other than the Seller who are present on www.fornasetti.com through links, banners, or other hypertext links. Before placing orders and purchasing products and services from parties other than the Seller, we recommend that you check their terms and conditions of sale, as the Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of e-commerce transactions between users of www.fornasetti.com and third parties.
2. HOW TO CONCLUDE THE CONTRACT WITH THE SELLER
2.1 To conclude the contract for the purchase of one or more products on www.fornasetti.com, you must fill in the electronic order form and send it to the Seller electronically, following the relevant instructions. Consumers can place orders either as registered users, after creating an account, or as guests.
2.2 The order form contains a reference to the Terms and Conditions of Sale and the Return Policy, as well as a summary of information on the essential characteristics of each product ordered and its price, the means of payment you can use to purchase each product, the delivery methods for the products purchased, the shipping and delivery costs, the conditions for exercising your right of withdrawal, and the methods and timing for returning the products purchased.
2.3 The contract is concluded when the Seller receives your order form electronically, after verifying the correctness of the data relating to your order.
2.4 Before proceeding with the purchase of the products, by submitting the order form, you will be asked to carefully read the Terms and Conditions of Sale and the Return Policy, Shipping Policy, to print a copy using the print command, and to save or reproduce a copy for your personal use.
2.5 The order form will be stored in our database for the period of time necessary to process the orders and in any case in accordance with the law. You can access your order form by consulting the My Account section.
2.6 Once the contract has been concluded, the Seller will take charge of your purchase order.
2.7 The Seller may not process your purchase orders if they do not provide sufficient guarantees of solvency or if they are incomplete or incorrect, or if the products are unavailable. In these cases, we will inform you by email that the contract has not been concluded and that the Seller has not processed your purchase order, specifying the reasons. If the products presented on www.fornasetti.com are no longer available or on sale at the time of your last access to the site or when you send the order form, the Seller will notify you promptly, and in any case within thirty (30) days from the day following the date on which you sent your order to the Seller, of the unavailability of the products ordered. If you have submitted the order form and paid the price, the Seller will refund the amount you have already paid.
2.8 By submitting the order form electronically, you unconditionally accept and agree to comply with these Terms and Conditions of Sale in your dealings with the Seller. If you do not agree with any of the terms set out in the Terms and Conditions of Sale, please do not submit the order form for the purchase of products on www.fornasetti.com.
2.9 By submitting the order form, you confirm that you are aware of and accept the Terms and Conditions of Sale and the additional information contained on www.fornasetti.com, including links to the Terms of Use, Privacy Policy, Return Policy, and Shipping Policy of www.fornasetti.com.
2.10 Once the contract has been concluded, the Seller will send you, by email, a receipt of the purchase order, containing the information already contained in the order form (reference to the Terms and Conditions of Sale and Return Policy, information relating to the essential characteristics of the product and detailed indication of the price, means of payment, your right of withdrawal and delivery costs).
3. WARRANTIES AND PRODUCT PRICE INDICATIONS
3.1 Fornasetti Online Store is the trade name of IMMAGINAZIONE S.r.l., an Italian company with registered office in Milan (MI), via Bazzini, 14 - 20131, Italy - and/or its authorized manufacturers.
3.2 The Seller does not sell used, irregular, or substandard products.
3.3 The essential characteristics of the products are presented on www.fornasetti.com within each product sheet. However, the images and colors of the products offered for sale on www.fornasetti.com may not correspond to the actual ones due to the Internet browser and monitor used.
3.4 Purchase requests to addresses to which the Seller cannot ship cannot be accepted by the Seller.
3.5 All products are equipped with an identification tag secured with a single-use seal. We ask that you do not remove the tag and seal from the products purchased, as they are an integral part of the product.
3.6. All Products purchased on the Site are covered by a legal warranty of conformity for 24 months from the date of delivery, in accordance with Articles 128 et seq. of the Consumer Code. The exercise of rights in the event of a lack of conformity, in accordance with Article 3.7 below, is subject to a limitation period of 26 months from the date of delivery.
3.7. Pursuant to Article 135 bis of the Consumer Code, in the event of a lack of conformity of the Product, the consumer has the right to return the Product at no additional cost. To this end, the consumer may choose between repair and replacement of the Products. This right of choice cannot be exercised if the remedy requested is impossible or involves excessive costs for the Seller.
3.8. In cases where the repair or replacement of the product has not been carried out or is impossible, or where the lack of conformity is particularly serious, the consumer is entitled to a price reduction or termination of the sales contract.
3.9. In the event of non-conformity of the Products, the consumer may contact the Seller by filling out the following form.
3.10. The Seller will assess the non-conformities reported by the consumer and then decide whether or not to authorize the return of the Products, providing the consumer with feedback via email.
3.11. If the Seller is required to refund the price paid to the consumer, the refund will be made, where possible, using the same means of payment used by the consumer when purchasing the Product.
4. PRICE, VAT, DUTIES, PAYMENT METHODS
4.1 Product prices may be subject to change. Please check the final sale price before submitting your order form. Unless otherwise specified before placing an order, Product prices include VAT.
4.2 To pay for the products and the related shipping and delivery costs, you can use one of the methods indicated on the order form.
4.3 In the case of payment by credit card, financial information (e.g., credit/debit card number or expiration date) will be forwarded to an external payment service provider (PSP) which, through a 128-bit SSL certified encrypted protocol, guarantees the security of online transactions. Furthermore, this information will never be used by the Seller except to complete the procedures relating to your purchase and to issue any refunds in the event of product returns, following the exercise of your right of withdrawal, or if it becomes necessary to prevent or report to the police the commission of fraud on www.fornasetti.com. The price for the purchase of the products and the shipping costs, as indicated in the order form, will be charged to your bank account at the time of shipment of the purchased products.
4.4 International transaction fees: The Seller does not apply any additional charges beyond the amount requested at the time of purchase; the charges that appear on your bank statement are collected by your bank.
4.5 In the case of deliveries to countries outside the European Union, the Products may be subject to import taxes and/or customs duties depending on the type of Product and the country of destination.
4.6 Payment for Products can be made through the following payment circuits and services: Visa, Mastercard, Maestro, American Express, Visa Electron, and other methods via Shopify payments and PayPal.
4.7 Payment can also be made by bank transfer to the following bank account. All costs and expenses, including any fees charged by the consumer's bank in relation to the bank transfer, shall be borne entirely by the consumer.
Payment must be made no later than 2 working days from the date of submission of the order form.
Account holder: Calicantus S.r.l.
IBAN: IT78 H054 8402 0000 0000 0001 147
BIC/SWIFT: CIVIIT2C
4.8 If it is not possible to charge the amounts owed by the consumer to the credit card, it will not be possible to execute the contract and the order will be considered canceled.
4.9 The consumer has the option of choosing to pay for the Products purchased in installments through the services offered by Klarna, available at checkout.
5. SHIPPING AND DELIVERY OF PRODUCTS
5.1 For specific shipping and delivery methods for products, please refer to the Shipping Policy or access the Customer Service section. Please pay attention to the information in this section because the information contained therein forms an integral and substantial part of these Terms and Conditions of Sale and, therefore, is considered to be fully known and accepted by you at the time of submitting the order form.
5.2 The Products ordered will be delivered to the address indicated by the consumer. Delivery times vary depending on the destination and the shipping method selected. Shipments are made on working days (Monday to Friday). The times indicated are to be considered indicative and not binding, it being understood that, in accordance with current consumer protection legislation, delivery must take place within a maximum of 30 days from the conclusion of the contract.
5.3 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.
5.4 Once the shipment has been made, the consumer will receive an email at the address provided at the time of ordering containing the tracking number to monitor the status of the delivery.
5.5 Any shipping costs, if applicable, will be indicated at the time of order completion and in the Shipping Policy.
5.6 The risk of loss or damage to the Products is transferred to the consumer upon physical delivery of the goods, or when a person designated by the consumer takes possession of them.
6. CUSTOMER SERVICE
6.1 You can contact the Seller for information about orders and shipments, refunds, and returns of products purchased on fornasetti.com via this page.
6.2 For any information about the Products, you can contact Immaginazione S.r.l. by filling out the form or sending an email to info@fornasetti.com.
7. RIGHT OF WITHDRAWAL
7.1 As a consumer, you have the right to withdraw from the contract concluded with the Seller, without penalty and without specifying the reason, within fourteen (14) calendar days from the day of receipt of the products purchased on www.fornasetti.com, by filling out the Return Form. Direct exchanges or replacements are not possible.
7.2 If you decide to exercise your right to return the products, the Seller may refuse to accept products that are damaged, without tags, or altered in their main characteristics or quality.
7.3 If the consumer decides to return the Product and provided that the right to withdraw from the contract has been exercised within the 14-day period from delivery of the Product, payments received will be refunded without undue delay, using the same payment method used for the purchase, and in any case no later than 14 working days from receipt of the notice of withdrawal and proof of return of the Product.
7.4 The Seller may suspend the refund until receipt of the Products subject to withdrawal or until the consumer has demonstrated that they have returned such products, whichever is earlier.
7.5 Returns cannot be requested for the following products: food products; fragrances without protective film; masks.
7.6 For full details on contract cancellation, please refer to the Returns Policy section. Please read all the information carefully, as it forms an integral and substantial part of these Terms and Conditions of Sale and, therefore, is deemed to be fully known and accepted by you at the time of submitting the order form.
8. INTELLECTUAL PROPERTY
8.1. The "FORNASETTI" trademark and, more generally, all other trademarks, illustrations, images, and logos appearing on the Products, related accessories, and/or packaging, whether registered or not, are and remain the exclusive property of Immaginazione S.r.l.. The total or partial reproduction, r modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium, is strictly prohibited without the prior and explicit consent of Immaginazione S.r.l.. The same applies to copyrights, designs and models, and patents, which are the exclusive property of Immaginazione S.r.l..
9. PRODUCT SAFETY (EU Regulation No. 2023/988 "GPSR")
9.1 All Products sold on this Site are safe as required by EU Regulation No. 2023/988 on general product safety. Pursuant to Article 19 of the aforementioned Regulation, we provide below the information relating to the manufacturer and the contact point via email: info@fornasetti.com.
9.2 For any reports regarding the safety of the Products, you can contact the manufacturer at the above email address.
10. FORCE MAJEURE
10.1 The Seller cannot be held liable for failure to fulfill or delay in fulfilling the obligations assumed herein due to circumstances attributable to it and beyond its reasonable and foreseeable control ("Force Majeure Events").
10.2 Force majeure events include, but are not limited to, the following circumstances:
a) strikes, lockouts, and other industrial disputes;
b) civil mobilizations and insurrections, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (whether 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 means of telecommunication;
e) pandemics and lockdowns.
10.3 The performance of the Seller's obligations under these General Terms and Conditions of Sale shall be deemed suspended for the period during which the Force Majeure Events persist. Notwithstanding the persistence of the Force Majeure Events, the Seller undertakes to do everything in its power to find solutions that will enable the proper performance of its obligations.
11. PRIVACY
11.1 The consumer's personal data will be processed in accordance with the privacy policy.
11.2 For any other information regarding the processing of personal data, the consumer may contact the Seller by filling out the following form.
11.3 Within the limits of the law, the Seller may use the personal information provided by the consumer to carry out appropriate payment and anti-fraud checks. In this regard, the Seller, as part of its data processing activities in accordance with applicable law, may ask the Consumer to provide their identification details, if necessary also by means of a copy of their identity document; the personal information provided by the user may be subject to verification, including by third parties such as a credit reference or fraud prevention agency, which may keep a record of such information.
12. APPLICABLE LAW AND JURISDICTION
12.1 The General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree No. 206 of September 6, 2005, on the consumer code, with specific reference to the regulations on distance contracts, and by Legislative Decree No. 70 of April 9, 2003, on certain aspects of electronic commerce.
12.2 Any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale shall be settled by the court of the place where the consumer resides or has elected domicile.
12.3 In accordance with current legislation, the consumer may resort to an alternative dispute resolution (ADR) procedure before a competent body.
13. MODIFICATION AND UPDATING
13.1 The Terms and Conditions of Sale are amended from time to time, also in consideration of any regulatory changes. The new Terms and Conditions of Sale will be effective from the date of publication on fornasetti.com.