Terms & Conditions

1- Introduction

1.1- These general conditions of sale and use hereby indicated (hereinafter the “General Conditions”) shall apply to both the EU and Italian territories. The General conditions are regulated by the Directive 2011/83/Eu of the European Parliament and of the Council of 25 October 2011 on consumer rights. These General Conditions shall be applied exclusively to online purchases.

1.2 – Company details:

Filodesign SAS di M. Gerlo & C.

Via Baudenile, n. 3 , 10040 Leinì, Torino, Italia
VAT number: 11130230011

REA TO 1189900| Capitale Sociale: € 10.000 i.v.
Tel: +39 3488869146
Email: info@filodesign.it

2 – General conditions

2.1

The following general terms and conditions (hereinafter referred to as “T&C”) are applied to the sale and purchase agreement (hereinafter referred to as “agreement”) of the products distributed by Filodesign SAS – through its website www.filodesign.it ((hereinafter referred to as the “website”) to its users (or clients).

The Site allows purchases only to users that:

a) Being a natural or a legal person, legally represented, having read and accepted the section on privacy policy, have correctly filled in the registration form as per paragraph n.3;
b) Have read and accepted the General Conditions before the purchase;

2.2

Filodesign SAS shall retain the right to prevent the use of our Site to those who act in breach of these “General Conditions”.

2.3

Any changes and/or new clauses shall come into force upon their posting in the “Terms & Conditions” on the Site.

3 – Validity of the T&C

The agreement includes the following documents:
• The T&C reported in this page;
• The order confirmation received via e-mail.

The order confirmation will be sent by Filodesign once the user (or client) has completed the following steps in the website: (i) selected the product (or products); (ii) added those product (or products) to cart; (iii)logged in or registered on the Filodesign website and accepted the T&C; (iv) proceeded to checkout entering all the required information functional to delivery and billing purposes; (v) placed the order and confirmed the payment method and completed the payment process. By clicking on the “Place Order” button, the user (or client) is placing a binding order for the products shown in its basket, confirming the authorization to place such an order.

The description and photographs of products on the Filodesign website have illustrative purposes and do not constitute a legally binding offer (the colors in particular may not exactly correspond to the real ones due to the internet browser or monitor characteristics). There is no legal claim to the availability and deliverability of the products shown in the website.

4 – Order

Before the delivery of the order, the product (or products) will not be available anymore due to occurred damages or supply stock outs , Filodesign will promptly inform the user (or client) about the inconvenience and reimburse the equivalent amount of any payment received.
Filodesign is entitled to reject any order made by the user (or client) and withdraw from the agreement without citing reasons. In particular, Filodesign reserves the right to reject an offer if: the delivery address is outside the countries currently served by its transportation providers; the delivery address indicated by the user (or client) will result incorrect or incomplete; there is the suspect that the person placing the orders is not a consumer as defined by the definition mentioned above; an order is not confirmed through random telephonic controls; the payment is not received within 15 days from the order confirmation or within 48 hours from the email reminder

5 – Purchase order procedure and payment methods

5.1

Clients can buy one or more Products posted on the Site by clicking on the button “Add to cart”. Once all the desired articles are in the cart, the Clients can buy the Products by clicking on the button “Proceed to Checkout”.

5.2

During the purchasing procedure Clients can add their personal data, shipping address of the goods, data for possible invoicing, selected payment method, authentication credentials for payment. After filling in the form, Clients have the chance to check and edit the data. Once data are validated, Clients can finally send the Order (hereinafter “Purchase order”) by clicking on the button “Buy”.

5.3

The order placed by the Client will be considered as an offer to purchase, valid for the items listed in the order. The Client shall receive an “Order Confirmation” email in case of payment by Paypal or credit card, or a “Order Summary” email, in case of payment by bank transfer. The automatic emails will state that the order has been successfully transmitted to our systems, and do not not constitute acceptance of the offer, which will be completed only upon verification of data and availability of the products required. The purchase contract will be finalized only when the item(s) are labeled as “Processing”: the Client will receive an email for “Processing order”

5.4

Sending a Purchase Order is an irrevocable commitment by the Client to perform a purchase. It can be put under scrutiny only when provided for by the Italian Law and regarding the “Right of Withdrawal” as per paragraph n.13.

6 – Availability products

Whether, before the delivery of the order, the product (or products) will not be available anymore due to occurred damages or supply stock outs ,Filodesign will promptly inform the user (or client) about the inconvenience and reimburse the equivalent amount of any payment received.
Filodesign is entitled to reject any order made by the user (or client) and withdraw from the agreement without citing reasons. In particular, Filodesign reserves the right to reject an offer if: the delivery address is outside the countries currently served by its transportation providers; the delivery address indicated by the user (or client) will result incorrect or incomplete; there is the suspect that the person placing the orders is not a consumer as defined by the definition mentioned above; an order is not confirmed through random telephonic controls; the payment is not received within 15 days from the order confirmation or within 48 hours from the email reminder.

7 – Prices

All prices on the Site are indicated in Euro (€). All prices on the Site are VAT included. Shipping costs are calculated according to the delivery place location and are listed separately. Delivery times indicated correspond to a minimum and maximum estimated delivery dates.

8 – Payment

The user (or client) who wishes to conclude the agreement and purchase the product (or products) must express this willingness through a website request clicking the place order button in the checkout page, where, following the procedures described above, it will send the purchase order confirmation and proceed to the payment. The payment is due from the time of order. The user (or client) undertakes to pay the agreed price for the product ordered on the website (product price and shipping) by using the payment methods made available.

The payment can be made via Paypal, Credit Card (via PayPal) or via Bank Transfer.

In case of payment by credit card, the Client shall receive an “Order Confirmation” email to state that the order has been correctly transmitted and the payment has been successfully received. All payment information input by the Client in financial circuits (credit card number, security codes) is managed through a SSL (Secure Sockets Layer) Protocol connection and shall not be recorded in our systems in any way.

In case of payment by bank transfer, the Client shall receive the “Order Summary” via email, which lists all the purchased items and includes instructions to pay via bank transfer. After Edilportale has verified that the relevant amount has been credited on its bank account, the Client shall receive the “Order Confirmation” email.

In case of payment by bank transfer, verification cannot take longer than 5 (five) days from the payment order sent by Clients to their bank. Clients can speed up this process by sending a bank transfer receipt to the following email address: info@filodesign.it

Should Filodesign fail to receive payment (via credit card or via bank transfer) within 15 days from the date of the Purchase Order, it shall reserve the right to cancel the order

All invoices shall be issued as per the information provided by the Client in the Purchase Data section of the Site. For this reason Clients are kindly requested to verify such information thoroughly.

9 – Risks transfer

The transfer of the transportation risks from Filodesign to the client applies with the delivery of the product (or products) operated by the carrier to the address indicated by the client.
During the possible withdrawal period referred below, the client is responsible for the product (or products) as guardian. In case of damage or destruction of the product (or products) during the custody of the client, the client will be considered responsible.10 – Esecuzione dell’ordine

11 – Delivery

The user (or client) is responsible for the delivery address indicated in the checkout page.

Delivery is to the ground floor front door of the building and does not include any assembly or unpacking services.
The delivery note issued by the transportation carrier will constitute a proof of transport and risks transfer.

Filodesign recommends the client to carry out a check of the delivered product (or products) packaging before signing the delivery note. Whether some anomalies might be noted the customer must refuse the delivery of the product (or products) or write down any reserve, detailed and dated, in the delivery note receipt. These notes must be confirmed to Filodesign by writing to info@filodesign.it three (3) business days from the delivery.

13- Right of withdrawal

According to the Code of EU Online Rights and the Directive 2011/83/EU of the European Parliament, Clients can exercise the right to withdraw from a Purchase Contract (hereinafter “Right of Withdrawal”), without providing any reason. This shall also entail no penalties.

The right of withdrawal can include all purchased goods (complete withdrawal) or only part of them (partial withdrawal).

In order to exercise the right of withdrawal, Clients shall send a withdrawal communication within 14 (fourteen) days starting from the day the products are physically delivered to a Client or to a Consignee acting on behalf of the Client, and either subject signs the delivery note thereby accepting the goods.

The address where the goods are to be returned is:
Filodesign s.a.s. – via Baudenile 3 – 10040 Leini – Torino – Italia
email : info@filodesign.it

The client may withdraw from the agreement within a period of 14 days, without citing any reasons, by writing to info@filodesign.it or to Filodesign s.a.s. – Via Baudenile 3 – 10040 Leinì – Torino – Italy.
Whether the product (or products) have already been delivered, this period starts with the delivery itself of the product (or products). In that case the client will be responsible to return the product (or products) to Filodesign at the following address: Filodesign s.a.s. – Via Baudenile 3 – 10040 Leinì – Torino – Italy.
As stated by the Italian Law, the return of any damaged or incorrect product will be free of charge (the equivalent cost will be reimbursed to the client), while if the return applies to products that were corresponding to the order and have been delivered intact you will be charged the return shipping cost. That cost may vary depending upon the size and volume of the product (or products).
Products damaged by detergents / additives, or products damaged by the client for malpractice will not be replaced or refunded by Filodesign. A copy of the delivery note will need to be placed inside the return packing box. The risks of transport for the return of the product (or products) is on the client.
Refunds will be done within a period of thirty (30) days from the date on which the client advised Filodesign of the right of withdrawal exercise.
Exceptions to the right of withdrawal
The right of withdrawal does not apply on those products that are customized and/or manufactured on a single order basis (Lgs. D. 6/9/2005 n. 206).

14 – Warranty

All products are sold with a “Legal Guarantee of conformity” in compliance with the Directive 2011/83/EU.

Manufacturers are the sole and direct liable party in case of production defects or diversity of the goods. In any case, warranty on products sold on Filodesign platform shall be exercised by the Manufacturer of each item as per the methods and time limits indicated by law.

In line with the above mentioned “Legal Guarantee” Manufacturers are liable for all flaws becoming visible within 2 (two) years from the delivery date of the relevant product,

The Legal Guarantee provides for the Consumer to advise the Manufacturer of any flaws found in the purchased item within 2 (two) months from the moment it becomes visible . As soon as the information is communicated to the Manufacturer, the Consumer shall be entitled to have the item repaired or replaced, with no prejudice to all other rights provided for by this law in favour of Consumers.

The Legal Guarantee shall not be applicable to products that have been repaired, modified or in any way changed by the user. By the same principle, the Legal Guarantee shall not be applicable to any malfunctions, flaws and damages caused by incidents or due to responsibility of the user, or when the product has been used differently from the description in technical documents provided or for a different purpose than the one indicated by the Manufacturer, or in a way that runs counter to the user instructions provided.

Clients shall contact Filodesign writing to customerservice@filodesign.it in order to exercise their warranty.

Clients shall only be able to access their warranty when they have their proof of purchase available.

Copyrights

Filodesign informs that the website, as well as all trademarks and logos used in connection with the sale of the products offered, are protected by the intellectual and industrial property rights applicable. Any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form or for any purpose, it is forbidden. Filodesign will proceed legally to protect these aspects.

Privacy

Filodesign is the holder of personal data collected when the user (or client) register to the website, as well as those subsequently submitted at the order, except for the information related to the payment process for which each bank or payment gateway is responsible. Filodesign will not sell any of these data to any third party for commercial purposes.
The personal data requested during the Filodesign website registration process must be provided in a full and correct manner. Whether the data provided should change, the user (or client) is obliged to update his account with immediate effect.
For any further information on personal data, please refer to the privacy policy section.
(https://filodesign.it/privacy/).

Contacts

For any communication please contact the following address:
Filodesign SAS di M. Gerlo & C.
Via Baudenile 3
10040 Leinì (TO) – ITALIA

Telefono: +39 3488869146
email: info@filodesign.it

Applicable Law

These Terms and Conditions are governed by Italian law. The Terms and Conditions may be amended from time to time due to modifications in laws and regulations or other reasons. For any disputes related to this contract is unconditionally by the court of Turin.