TERMS AND CONDITIONS OF SALE

1. Object

1.1. These general conditions of sale govern the purchase and sale contract relating to any purchase made through the e-commerce site isotta1910.com (hereinafter the "Site"). The Site, owned by FAR Srl with headquarters in Via C. Masetti 12/A BO - Italy, VAT number IT00502051204, is managed by FAR Srl.

1.2. Far Srl deals with the sale of products through the shop.isotta1910.com website

The purchase of products made through the Site sees FAR Srl as legal entity that provides an information society service (hereinafter the "Provider"), the person who, for professional and non-professional purposes, uses a company service of the information (hereinafter the "Recipient of the service") or any natural person who acts for purposes not related to the commercial, business or professional activity that may be carried out (hereinafter the "Recipient of the service and / or Consumer"). Service Provider and Recipient of the Service within the Business to Business and Service Provider and Recipient of the Service and / or Consumer within the Business to Consumer will be collectively referred to below as the "Parties".

1.3. Any communication from the Recipient of the service and / or the Recipient of the service and / or Consumer connected and / or related to this contract - including any reports, complaints, requests concerning the purchase and / or delivery of the products, the exercise of the right of withdrawal, etc. - must be sent to the Lender at the contact details on the Site and at the e-mail address: info@far.it

1.4. Each purchase is subject to the general conditions of sale published on the Site at the time the contract is concluded pursuant to article 3 below.

1.5. Simultaneously with the execution of the purchase order, the Recipient of the service and / or Recipient of the service and / or Consumer accepts the terms and conditions of sale and also accepts that the confirmation of the information relating to the order made is sent to him via e- mail to the address declared by the same during the registration on the Site.

1.6. In order to validly conclude this contract, the age of majority (18 years) and the legal capacity to act are required, which the Recipient of the service and / or Recipient of the service and / or Consumer declares to possess.

1.7. Any charges for connection to the Site via the Internet, including telephone costs, are the sole responsibility of the Recipient of the service and / or Consumer, according to the rates applied by the operator selected by the Recipient of the service and / or Consumer himself.

 2. Characteristics of the products and their availability in the various geographical areas.

2.1. The products are sold by the Provider with the characteristics that are described on the Site at the time of sending the order by the Recipient of the service and / or Recipient of the service and / or Consumer and according to the general conditions of sale published on the Site at the time. of the transmission of the order, with the exclusion of any other condition or term.

2.2. The Provider reserves the right to modify these general conditions of sale at any time, at its discretion, in compliance with current legislation. The products are offered under the general contract conditions indicated on the Site at the time the order is sent, while stocks last.

2.3. The prices and goods for sale on the Site are subject to change without notice. Therefore, before sending the purchase order pursuant to point 3 below, the Recipient of the service and / or Recipient of the service and / or Consumer is asked to check the final sale price.

2.4. The Provider reserves the right, without prior notice, to modify the goods on the Site or to modify their characteristics at any time and without any notice or obligation.

2.5. The Provider reserves the right to make changes and improvements to any goods offered on the Site, without the obligation to make such changes on those already sold.

2.6. Users from all over the world can access this site and the site may contain references to goods that are not available or cannot be purchased in the country of the site visitor.

2.7. The Products on the Site or intended for sale are reserved for sale only in the countries indicated in the list on the Site at the time the order is sent.

 

3. Completion of the contract.

3.1. The purchase order sent by the Recipient of the service and / or Consumer to the Provider through the Site has the value of a contractual proposal and is subject to these general contract conditions, which form an integral part of the order itself and that the Recipient of the service and / o Consumer, by sending the order to the Provider, must accept in full and without reservation. Before proceeding with the purchase of the products, by sending the purchase order, the recipient of the service and / or 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 print command and to save or reproduce a copy for your personal use. Furthermore, the recipient of the service and / or consumer will be asked to identify and correct any errors in entering their data.

3.2. The purchase order of the Recipient of the service and / or Consumer is accepted by the Provider by sending the recipient of the service and / or Consumer, to the e-mail address declared by the latter at the time of registration on the Site, of an order confirmation e-mail, which will contain the link to the text of these general conditions of sale, the summary of the order made and the description of the characteristics of the product ordered. The order of the Service Recipient and / or Consumer, the confirmation of the Service Provider's order and the general contract conditions applicable to the relationship between the Parties, will be electronically filed by the Service Provider in its own IT systems and the Service Recipient and / or Consumer you can request a copy by sending a communication via e-mail to the Provider at amministrazione@bypagani.com

3.3. The contract is concluded when the recipient of the service and / or consumer receives the order receipt from the Provider via email. Pursuant to current legislation, the order and the receipt of the order are considered received when the parties to whom they are addressed are able to access them.

4. Procedure for selecting and purchasing products.

4.1. The products presented on the Site may be purchased through the purchase procedure on the Site. This procedure involves the selection of products of interest to the Recipient of the service and / or Consumer, with their inclusion in the appropriate virtual shopping cart. Once the selection of the products has been completed, to perform the purchase of the products selected and placed in the cart, the Recipient of the service and / or Consumer will be invited to register on the Site, providing the requested data, or to log in, if the Recipient of the service and / or Consumer is already registered or to provide their data in order to complete the order and allow the completion of the contract. In order to allow the purchase, the recipient of the service and / or consumer will be asked to confirm their 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 a telephone number where you can contact him for any communications relating to the purchase made. The Recipient of the service and / or Consumer will display a summary of the order to be executed, the contents of which can be modified: therefore, the Recipient of the service and / or Consumer, after careful reading, must expressly approve these general conditions of sale, through the appropriate check-box on the Site and finally, through the "Confirm order" button, the Recipient of the service and / or Consumer will be required to confirm his order, which will thus be definitively sent to the Provider and will produce the effects described in par. 3.1. of this contract. The recipient of the service and / or consumer will also be asked to choose the shipping method and the payment method, among those available. If the Recipient of the service and / or Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal or immediate bank transfer, he will be required to communicate the relevant data via secure connection. For accounting and administrative needs, the Provider reserves the right to verify the general information indicated by the Recipient of the service and / or Consumer. If payment is made by credit card, the purchase amount will be charged only upon receipt of the order by the Provider.

5. Delivery of the goods and acceptance.

5.1. Generally, the Site indicates the delivery times of the same, however, this information is to be considered purely indicative and not binding for the Provider.

5.2 The Provider undertakes to do everything within its powers in order to respect the delivery times indicated on the Site and, in any case, to deliver within a maximum time of 20 (twenty) days from sending the order confirmation to the Recipient of the service and / or consumer except for goods not available in warehouses, subject to an advance order by the recipient of the service and / or consumer, in which case delivery will be made within 10 (ten) days from the availability of the goods. In the latter case, the Recipient of the service and / or Consumer will have the right to exercise the withdrawal until the communication, sent by the Provider, of availability of the same at its warehouses is received.

5.3. Not being able to guarantee the availability of all the products indicated on the Site, if a product ordered by a Recipient of the service and / or Consumer is not available, the Recipient of the service and / or Consumer will be promptly informed by the Provider and the payment, possibly already made. by the recipient of the service and / or consumer, it will be promptly refunded.

5.4. The shipment of the products ordered by the recipient of the service and / or consumer will take place in the manner selected by the recipient of the service and / or consumer, among those available and indicated on the site at the time the order is sent. The Recipient of the service and / or Consumer undertakes to check without delay, and in any case not later than 3 (three) days from receipt of the products, that the delivery is correct and includes all and only the products purchased and to inform within this term the Provider of any possible defect of the products received or of their non-compliance with the order placed, according to the procedure referred to in the following art. 9 of this contract. If the packaging or wrapping of the products ordered by the recipient of the service and / or consumer were to arrive at their destination clearly damaged, the recipient of the service and / or consumer is invited to refuse delivery by the carrier / shipper or to accept delivery. "with reserve".

5.5. Once the term referred to in par. 5.4., The delivered products will be considered definitively accepted by the recipient of the service and / or consumer.

 

6. Prices, shipping costs, taxes and duties.

6.1. The price of the products is the one indicated on the Site together with the sending of the order by the Recipient of the service and / or Consumer. The prices of the products indicated on the Site are excluding VAT, do not include shipping costs (Free only on the Italian national territory, with a minimum order indicated on each product.), Which are counted before the recipient of the service confirms the purchase and / or Consumer and that the same Recipient of the service and / or Consumer undertakes to pay to the Provider in addition to the price indicated on the Site and do not include any taxes or duties due in the ways and terms established by each individual State of delivery of the goods.

6.2. Depending on the country in which the products are to be delivered, the shipping costs will be displayed on the Site during the order creation process, which the Recipient of the service and / or Consumer undertakes to pay in addition to the price of the products. ordered.

6.3. The Recipient of the service and / or Consumer must pay the Total Price to the Provider, that is, the price as reported in the order and confirmed in the order confirmation sent by e-mail by the Provider to the Recipient of the service and / or Consumer.

6.4. If the products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including VAT, is net of any customs duties and any other sales tax, that the Recipient of the service and / or Consumer undertakes as of now to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the products will be delivered. The recipient of the service and / or consumer is invited to inquire with the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the products.

6.5. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason, to the products ordered under this contract are the sole responsibility of the recipient of the service and / or consumer.

6.6. The recipient of the service and / or consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or duties referred to in the previous par. 6.4. and 6.5., at the time of sending an order to the Provider, it cannot constitute a cause for termination of this contract and that it cannot in any way charge the aforementioned charges to the Provider.

 

7. Payments.

7.1. Orders placed through the Site can be paid by credit card or via PayPal, under the conditions described below. The Provider can allow additional payment methods, indicating them in the payments section of the Site.

7.2. If payment is made by credit card, the recipient of the service and / or consumer will be transferred to a protected site. The transmitted data will be sent in protected mode, through the encrypted data transfer with 128 bit SSL (SecureSocketLayer) system. These data are not accessible even to the Provider.

7.3. Orders can also be paid by bank transfer to the Provider, indicating the "Swift" and "IBAN" codes shown in the order confirmation. The Recipient of the service and / or Consumer, in the case of payment by bank transfer, expressly accepts that the execution of the contract by the Provider will begin upon the crediting of the value of the product (s) purchased on the current account of the Provider itself: in the event that, in the time period elapsing between the time of sending the order confirmation and the crediting by bank transfer of the price of the product (s) purchased, said product (s) were not / ro more available (s), the Provider will reimburse the sum paid by the Recipient of the service and / or Consumer in accordance with the provisions of par. 5.4. of this agreement and the contract between the Parties will be understood as never being entered into, without the Recipient of the service and / or Consumer having any claim against the Provider.

7.4. The Provider will promptly transmit to the Recipient of the service and / or Consumer, in electronic format via email to the address declared by the same at the time of registration on the Site, the invoice / tax documentation relating to the purchase made, if the products purchased are intended to be delivered in the Italian territory, or attached in paper format to the products purchased, in all other cases.

 

8. Legal guarantee of conformity by the Provider, reporting of conformity defects and interventions under warranty.

8.1. Pursuant to and for the purposes of European Directive 44/99 / EC and Italian Legislative Decree no. 206/2005 (Consumer Code), the Provider provides the Recipient of the service and / or Consumer with a legal guarantee on the product for any lack of conformity with respect to the sales contract that occurs within the term of 24 (twenty four) months from delivery to Recipient of the service and / or consumer of the product. It is understood that in relation to perishable products (cured meats, cheeses, and in any case all food products) the legal guarantee will be effective only up to the expiry date indicated on the packaging of the product itself.

8.2. The legal guarantee allows the Recipient of the service and / or Consumer, in the event of lack of conformity of the product, to obtain, by contacting the Provider directly, in reasonable times taking into consideration the nature of the product, the repair (if and where possible) , product replacement, price reduction or contract termination.

8.3. In any case, the use of the product that does not comply with that of the product and with the instructions / warnings in this regard provided by the Provider and / or the product manufacturer is not covered by the warranty.

8.4. Any reporting of a lack of conformity of the product must be submitted together with proof of the purchase of the product by the Provider (tax document issued by the Provider or payment receipt).

8.5. Within the term referred to in par. 8.1., The notification of a lack of conformity must be sent to the Provider no later than 10 (ten) days from the date on which the lack of conformity was found.

8.6. The notification of the lack of conformity must be forwarded by the Recipient of the service and / or Consumer to the Provider via e-mail at amministrazione@bypagani.com the Provider will promptly communicate to the Recipient of the service and / or Consumer the methods by which to return or make the product available.

8.7. The Provider, through the assistance service of the manufacturer of the products, will carry out quality checks to verify the actual non-compliance of the product itself and will provide feedback to the Recipient of the service and / or Consumer via e-mail to the address of the Recipient of the service. and / or Consumer provided during the registration process on the Site.

8.8. In the event of ascertained non-compliance of the product, the Provider will refund the price of the product to the Recipient of the service and / or Consumer, including the shipping costs incurred for the return of the non-compliant product or alternatively, at no charge to the Recipient of the service and / or consumer, to repair the product or replace it with a new product; in the latter case, the non-compliant and replaced product will remain the property of the Provider.

8.9. The aforementioned refund will be made by the Provider to the Recipient of the service and / or Consumer by bank transfer. It will be the responsibility of the Recipient of the service and / or Consumer to communicate the bank details to the Provider, always by e-mail at amministrazione@bypagani.com, to make the transfer in his favor and to ensure that the Provider is put in the condition of to be able to return the sum due.

 

9. Responsibility for damage from defective products.

9.1. As for any damage caused by a defective product, the provisions of European Directive 85/374 / EEC and Italian Legislative Decree n.206 / 2005 (Consumer Code) apply. The Provider, in the quality of distributor of the products through the Site, is free from any liability, none excluded and / or excepted, by indicating the name of the relative manufacturer of the product.

 

10. Right of withdrawal.

10.1. The Recipient of the service and / or Consumer has the right to withdraw from this contract, without penalty, within 10 (ten) working days from the day of receipt of the ordered products, for any reason and without having to justify in any way your decision. In the aforementioned case, the shipping costs and any duties or additional fees for re-importing the product will be retained by the Provider, remaining the sole responsibility of the Recipient of the service and / or Consumer.

10.2. The Recipient of the service and / or Consumer can exercise the right of withdrawal, within the aforementioned term, by sending an explicit written communication to the Provider's registered office by registered letter.

This registered letter must therefore be sent to:

Recipient: FAR S.r.l. - P.Iva 02635100395 - Via C. Masetti, 12/A Zola Predosa (Bologna) – Italy

10.3. In order for the right of withdrawal to be validly exercised, if the shipment or delivery of the ordered products has already taken place, the Recipient of the service and / or Consumer will be required to return them within the peremptory deadline of 10 (ten) working days from receipt of the products or 10 (ten) working days from the transmission of the return request.

10.4. It is understood that the risks and transport costs relating to the return of the products to the Provider will be borne by the Recipient of the service and / or Consumer.

10.5. In order for the right of withdrawal to be validly exercised, the products must be delivered or in any case sent to the Provider intact (without any sign of wear, abrasion, scratching, scratching, deformation, etc.), complete with all their elements and accessories , accompanied by the enclosed instructions / notes / manuals, the original packs and packaging and the warranty certificate, if any. Failing this, the recipient of the service and / or consumer will not be entitled to a refund of the amount paid. For this purpose, therefore, it is advisable to coat the original wrapping of the products with other protective packaging that preserves its integrity and protects it during transport, also from writing or labels.

10.6. The Provider will take delivery of the returned products, reserving the right to verify that they have been returned in the conditions described in the previous par. 10.5.

10.7. If the verification of the returned products is successful and the right of withdrawal has been validly exercised within the terms and in the manner provided, the Provider will reimburse the Recipient of the service and / or Consumer free of charge the full amount paid for the purchase of the products in the shortest possible time and in any case within 30 (thirty) days from the date on which the Provider became aware of the exercise of the right of withdrawal by the Recipient of the service and / or Consumer.

10.8. The aforementioned refund will be made by bank transfer to the recipient of the service and / or consumer. The burden of the recipient of the service and / or consumer will be to communicate the bank details to the Provider, by sending them to amministrazione@bypagani.com to make the transfer in their favor and to ensure that the Provider is able to return the sum due.

 

11. Additional return cases.

11.1. If the Recipient of the service and / or Consumer ascertains, within the term referred to in par. 5.4., That the product received has arrived defective or does not correspond to the one ordered, the Recipient of the service and / or Consumer can report it, always within the aforementioned term, to the Provider by sending a communication by e-mail to amministrazione@bypagani.com

11.2. The Provider, having carried out the appropriate checks, will invite the Recipient of the service and / or Consumer to return the product within 10 (ten) days of placing the order at:

FAR S.r.l. - P.Iva 02635100395 - Via C. Masetti, 12/A Zola Predosa (Bologna) – Italy

11.3. The product must be returned or in any case sent to the Provider intact (without any sign of wear, abrasion, scratching, scratching, deformation, etc.), complete with all its elements and accessories, accompanied by the attached instructions / notes / manuals , from the original packaging and packaging and from the warranty certificate, if any, and in any case in the conditions in which it was received by the recipient of the service and / or consumer. Otherwise, the recipient of the service and / or consumer will not be entitled to any refund.

11.4. Following verification of the returned product by the Provider, if the conditions exist, the latter will reimburse the Recipient of the service and / or Consumer of the shipping costs incurred for returning the product and send it, without any additional expense , a new product or the product actually ordered in the shortest possible time, provided it is available; otherwise, only the price paid for the defective product will be refunded.

11.5. The aforementioned refund will be made by bank transfer to the recipient of the service and / or consumer. The burden of the recipient of the service and / or consumer will be to communicate to the Provider, by sending to the address amministrazione@bypagani.com, the bank details to make the transfer in his favor and to ensure that the Provider is put in a position to be able to return the sum due.

 

12. Intellectual property rights.

12.1. The recipient of the service and / or consumer declares to be informed that all content on the site is protected by copyright and other intellectual property provisions in force: all rights are the exclusive property of ByPagani Srl

12.2. The contents of the Site cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of ByPagani Srl.

 

13. Data of the recipient of the service and / or consumer and protection of privacy.

13.1. In order to proceed with the registration, the forwarding of the order and therefore the conclusion of this contract, some personal data are requested through the Site to the Recipient of the service and / or Consumer. The Recipient of the service and / or Consumer acknowledges that the personal data provided will be recorded and used by the Provider in accordance with and in compliance with the legislation pursuant to Italian law DLgs. n. 196/2003 and subsequent amendments - Privacy Code, to execute this agreement and, with your consent, for any further activities as indicated in the specific privacy policy provided to the Recipient of the service and / or Consumer through the Site at the time of registration.

13.2. The Recipient of the service and / or Consumer declares and guarantees that the data provided to the Provider during the registration process are correct and true.

13.3. The Recipient of the service and / or Consumer may at any time update and / or modify their personal data provided to the Provider through the appropriate section of the "Login / Register" Site accessible after authentication.

13.4. For any further information on the methods of processing the personal data of the recipient of the service and / or consumer, please access the Privacy Policy section as well as carefully read the General Conditions of Use.

 

14. Security.

14.1. Although the Provider takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Provider cannot guarantee that the information or data displayed by the Recipient of the service and / or Consumer on the Site, even after the Recipient of the service and / or Consumer has provided authentication (login), is not accessible or viewable by unauthorized third parties.

14.2. The Provider, with regard to data relating to credit card payments, makes use of the services of the company PayPal and Stripe which adopted technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

 

15. Force majeure.

15.1. The Provider will not be liable in the event of total or partial non-fulfillment of its obligations under this contract if such non-fulfillment is caused by unforeseeable events and / or natural events beyond its reasonable control, including, but not limited to, but not limited to , catastrophic natural events, acts of terrorism, wars, popular riots, lack of electricity, general strike by public and / or private workers, strike and / or restrictions on the viability of couriers and air links.

16. Applicable law and jurisdiction.

16.1. The contract will be governed and interpreted in accordance with Italian laws.

16.2. The Parties agree that the application to this contract of the United Nations Convention on contracts for the international sale of goods is expressly excluded.

16.3. For any dispute arising from this contract or related to it, the following will be competent: a) the court of the place of residence or domicile of the recipient of the service and / or consumer, b) exclusively the court of Ravenna, Italy, in any other case .

16.4. For all matters not expressly provided herein, the provisions of the law in force in the Italian legal system apply and in particular, for consumers, the provisions of Section II, Chapter I, Title III of the Italian Legislative Decree no. 206/2005 and subsequent amendments (Consumer Code).

 

17. Assignment.

17.1. The Parties may not assign or otherwise transfer any of their rights and obligations arising from this contract to third parties, without the prior written consent of the other party.

 

18. Validity of the clauses.

18.1. The headings of the clauses used here are to be considered purely indicative and have no effect on the identification of the content and interpretation of this contract.

18.2. These conditions do not affect the rights granted by Italian law to the Recipient of the service and / or Consumer acting as Recipient of the service and / or Consumer or the rights guaranteed to him by the mandatory provisions of the system to which he is subject.

18.3. In the event that a clause or part of a clause of these general conditions should be considered invalid because in contrast or contrary to a law, all the other clauses of this agreement or parts of the same clause will remain fully valid and effective.

 

19. Final provisions.

19.1. This contract replaces all contracts, agreements and understandings previously entered into between the Parties and, together with the order, confirmation of the order and the general conditions relating to the use of the Site, constitutes the entire agreement between the Parties in on the subject of this contract.

19.2. The recipient of the service and / or consumer declares that he has not been induced to adhere to this contract by previous oral declarations.

19.3. Any variation or modification of this contract must be accepted in writing by both parties.

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