For an easy understanding of this section, the company Fabrizio Poker owned by D'Annunzio Fabrizio & C. S.A.S (hereinafter “Fabrizio Poker”) will state: A) the main legislative sources with which the contents of the agreement comply and have been updated to and B) the meaning of the most important terms contained in the text.A) Legislative sources:
- The Italian Consumer Code, Legislative Decree n. 205 of 2006, currently updated to 2014;
- the Italian Civil Code, with particular reference to the norms concerning agreement termination, the cancellation of the proposal or the acceptance of the agreement and unconscionable clauses;
- Legislative Decree n. 70 of 2003, for the implementation of the directive n. 200/31/CE, concerning several aspects of the services of the information society in the internal market, particularly e-commerce;
- Consumer protection regulations concerning not-in-store sales, namely the Legislative Decree n. 50 of 1992, for the implementation of the directive n. 85/577/CEE;
- Legislative Decree n. 185 of 1999, for the implementation of the directive n. 97/7/CE, concerning consumer rights protection in distance contracts.
- Legislative Decree n. 50 of 1992, regulation of contracts signed through IT or telecommunication instruments;
- The Italian Personal Data Treatment Code, Law n. 675 of 1996 as amended or added;
- Regulations in terms of unfair competition, trademark and patent protection.
- The terms "consumer" and "user" define the physical person acting for purposes other than any entrepreneurial, commercial, artisan or professional activity.
- The terms "receipt" and "credit card payment" refer to the current payment methods activating on-line transactions and exclusively concerning e-commerce sales.
- The term "on-line purchase agreement" refers to the juridical store having as the object moveable property and/or services, signed between the company (in the role of supplier) and a consumer-client in the framework of distance sales, organised by the supplier, who, in the framework of that contract, uses only the distance communication technology called "internet".
Fabrizio Poker informs their clients that the payment methods available on the e-commerce website for the finalisation of sales, in the form of receipt or credit card, via the banking channels on the website, are regulated under the above-mentioned current regulations pertaining to this field.
GENERAL TERMS OF SALE
These conditions will be in force from December 2014 and may be updated or amended at any time by Fabrizio Poker, that, in line with honesty measures and in order to enable a better visualisation, will communicate any modifications with a notice on the website. Every time these general terms of sale are amended, it is the consumer's commitment and duty to acknowledge similar modifications, print them out and store them.
FINALISATION OF ON-LINE CONTRACTS
On-line contracts will be directly finalised via the consumer-user access to the website www.fabriziopoker.com, where it will be possible to finalise the contract for the purchase of a good, by following the procedure.
The IT system of the website is conceived to ensure immediate order execution so that client are not to wait in vain. The company indicates in its e-catalogue the physical availability of the products in real time. If orders exceed the quantity in stock, Fabrizio Poker will notify to the buyer the possible future availability of the product. If so, the system enables the buyer to go to "check-out", buy and receive the actual number of products in stock within the delay indicated on the website. The consumer does not acquire priority rights on the product, and as soon it is available, the client will be informed about it in order to finalised the purchase of the product. That item will be available for all the clients. In case of product unavailability, or temporary unavailability, the company will immediately inform the consumer before or upon the execution of the contract and will reimburse any amount already paid for the supply of the good, under the ex Article of the Legislative Decree n. 206 of 2005. The company shall not supply the client with a product different from the one ordered, even if the value of the other product exceeds or is equivalent to that of the item chosen. An exception can be made if the company has received the consumer's consent before or upon the finalisation of the contract.
ERROR MANAGEMENT IN THE PURCHASE PHASE
If in the "add to cart" phase and before the finalisation of the purchase, clients believe to have made a mistake, they will find the wording "eliminate from cart" under the window "cart", and at a later stage, they will find "empty cart" to eliminate any non-required or unwanted objects.
Fabrizio Poker deals exclusively with high-quality products form national or international trademarks. Many producing companies carry out scientific research to ensure healthy performances of their products when they are being worn; research examines the quality of the fabrics used, wearability and time-resistance. Under the regulations enshrined in articles 104 and 150 of the Consumer Code, if the producer communicates any risks or defects, Fabrizio Poker will remove the product from the window and provide the user with the necessary explanations. For transparency reasons, it is important to highlight that a product is considered "safe" when it is evaluated against non-binding national regulations that implement the European regulations on the evaluation of product safety, the relevant safety good conduct codes, the latest technical advancements and the safety standards that consumers can reasonably expect to be met.
MINIMUM PRODUCT INFORMATION CONTENT
In compliance with article 6 and following articles of the Consumer Code, it is highlighted that the products sold are original and belong to the respective producer, as indicated in the specific description window. The products do not contain substances that may cause harm to persons, the environment or objects. Should one of the suppliers communicate any information to Fabrizio Poker, the latter will immediately communicate it to the clients, and will withdraw the product form sales, if necessary.
DUTIES OF THE BUYER
After the conclusion of the on-line purchase, consumers commit themselves to printing and keeping these general conditions. Reading and accepting the general conditions along with the specific features of the product purchased is compulsory for the finalisation of the purchase.
Fabrizio Poker holds a right to amend or update these condition at any time. Modifications will be published in a note on the website; it is the client's obligation to read them.
It is prohibited to insert false and/or invented or fictional data in the registration procedure necessary to start the process for the execution of the contract and the relevant communications; personal data and e-mail address need to correspond to actual personal data and must not belong to thirds or fictional persons. It is strictly prohibited to perform double registrations and to enter data referring to third parties. Fabrizio Poker holds a right to resort to legal actions against any violation or abuse, with a view to protecting and safeguarding the interests of the consumers and of the company itself. Additionally, with a view to preventing abuses or unfair commercial actions, the company will directly contact the relevant party by using the data collected. Fabrizio Poker also implements particular awareness-raising measures targeting minors, to prevent problems related to the abuse of payment methods and incautious product purchase.
Nonetheless it is being understood that clients discharge Fabrizio Poker form any responsibility linked to erroneous fiscal documents owing to mistakes made by the clients themselves in entering their data, clients being the only person responsible for the correct entry of their data.
During the registration procedure necessary to start the procedure for the execution of this contract and its relevant communications, when they fill out personal data forms, clients authorise Fabrizio Poker to communicate common personal data ( as defined by the ex article 4 of the Legislative Decree n. 196 of 2003) to trusted couriers and/or carriers and credit institutions for the delivery of the purchased products to start shipping procedures. The company published a transparency declaration on the modalities of processing of users' registered personal data.
SALES PRICES AND PURCHASE METHODS
All the sales prices of the products displayed and indicated on the website are considered as the offer to the public according to art. 1336 of the Italian Civil Code, they include TVA (21%) and are included in the final list of the "cart". Shipping fees are to be paid by the client. The amount will be displayed on the website before the finalisation of the order.
The delivery will be performed by sending a specific written request via e-mail. The purchase agreement is finalised by filling-out the form and accepting on-line conditions. No minimum purchase order is required. Payment can be performed via the payment services indicated on-line upon the moment of the purchase.
The company shall have a right to verify the credentials of the order holder when issuing the invoice.
Given the intrinsic features of the e-commerce system adopted by Fabrizio Poker, based on the exact correspondence between the articles in stock and the articles displayed on the website, until the purchase order is finalised by filling-out and accepting the purchase agreement via the on-line subscription, the products selected by a consumer and listed in the phases before the purchase confirmation, are made available to other users, who will be able to buy them until the finalisation of the transaction.
DESPATCH AND DELIVERY
The despatch of the product sold is performed within different delays and modalities according to the country of destination. More information is available in the section called "Despatch". In any case, orders are processed form Monday to Friday, every week, from 9 a.m. to 5 p.m.
In addition, the delays within which the products are processed may vary, owing to the artisan nature of the products sold.
In any case, the company will immediately communicate to the client the specific circumstances leading to modifications in despatch delays, to enable the client to be fully aware of the period of time necessary for the delivery of the product bought.
According to the current Italian national legislation and EU regulations under the EU Directive n. 44/99, Fabrizio Poker guarantees that the product sold corresponds to the product indicated in the agreement. As a consequence, the company commits itself to reimbursing the amount paid, replacing the item, repairing or taking care of the item itself if it does not correspond to the conditions listed in the guarantee or in the advertisement referring to the product.
The company shall be responsible for any apparent defects appearing upon the delivery of the product or within two years from the delivery, except when, upon the signing of the agreement, the client was aware or could not reasonably ignore similar defects. Clients not reporting defects within two months from the acknowledgement of the defect shall not enjoy the rights listed above. Until proven otherwise, apparent defects appearing within six months from the delivery of the product are to be considered as already existing, unless this statement is incompatible with the nature of the product or the nature of the apparent defect. Direct action against apparent defect non-maliciously hidden by the company can be carried out within 26 months from the delivery of the good.
In addition, Fabrizio Poker guarantees that the products sold on the website are free from defects that may prevent them to fulfil their original purpose or considerably decrease their value, except if the client was aware of the defects of the product upon its purchase. Guarantee rights cannot be claimed if defects are not reported to the company within a 8-day delay form the discovery and no actions can be performed after a year from the delivery of the product.
Fabrizio Poker declines any responsibility for malfunctions due to force majeure and/or acts of providence including: accidents, robberies or thefts to the courier in charge of the delivery, fire, explosions, strikes and/or lockouts, earthquakes, floods or similar events that may partially or totally hinder the execution of the contract according to the timing and methods agreed upon. Fabrizio Poker shall not be held responsible for incurred damage, loss or costs related to the non-execution of the contract owing to the causes mentioned above, since consumers can exclusively claim the reimbursement of the price paid. Similarly, Fabrizio Poker shall not be held responsible for any illicit or fraudulent use form third parties upon the payment of the items purchased.
TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE
Fabrizio Poker holds a right to terminate a signed agreement by sending a simple communication to the client containing relevant and justified reasons; in a similar event, the client shall only have a right to the reimbursement of any price already paid. The obligations taken on by the client in the clause above called "Duties of the client", as well as the guarantee of the success of the payment performed via the means included in the clause "Methods of payment", are vital. Therefore, under express agreement, if clients do not comply with all these obligations, the result will be the termination of this contract according to the ex article 1456 of the Italian Civil Code, with no judicial decision to be made, except for Fabrizio Poker's right to resort to legal action for the compensation of further damage.
Additional specific information about sales conditions, including, for example, withdrawal conditions and return conditions can be found in the specific sections.
Fabrizio Poker abides by anti-laundering measures and financial flows transparency. Under the current legislation, payments exceeding legal thresholds will be included in the black list and will be reported to the tax register. Therefore, in compliance with these fiscal regulations, clients must provide their fiscal code. For the same reason, cash payments covering an amount exceeding or equal to 1,000,00 € are not allowed.
JURISDICTION AND COMPETENT COURT
Any disputes concerning the implementation, execution, interpretation and violation of on-line agreements signed on this website are ruled under the Italian jurisdiction; these general conditions refer to the Consumer Code for all the instances not provided for.
The competent court for any disputes between the parties over this agreement will be the court of residence or of domicile of the consumer if they are located in the territory of the Italian State. The competent court for clients residing outside Italy shall only be the Court of Macerata, under the Italian legislation, except if there are other binding regulations.
Personal data are collected in order to register the client and start the procedures for the implementation of this agreement and the relevant necessary communications. Data are treated both electronically and on paper supports and are accessed and processed exclusively by internal staff that received specific written authorisation. Information is not disclosed nor communicated to third parties.
Clients may exercise their rights enshrined in article 7 of the Legislative Decree n. 196 of 2003 and namely: requesting the confirmation of the existence of their personal data at their offices to Fabrizio Poker; being informed about data origin, logics and the aims of their treatment; obtaining the update, amendment, integration of their data; requesting their data cancellation, transformation into an anonymous form or the block of their data in the event of illicit treatment; denying the processing of their data for legitimate reasons or for advertisement purposes, for the sending of commercial information, market research, direct sales and interactive commercial communications.
Personal data elimination shall be possible only under previous written communication, sent to the headquarters of the company via mail or fax.
For transparency reasons and for achieving better communication, it is made known that the domain wwwFabriziopoker.com is owned by the owner of the company, Mr. Fabrizio D'Annunzio, and is located at an external provider.
The data controller is the company Fabrizio Poker owned by Fabrizio D'Annunzio & C. S.A.S. (above abbreviated as Fabrizio Poker).
Should warranties not be recognised under specific rules of law, the content of the disclaimers hereinafter might not be applicable, either in whole or in part.