Terms and Conditions of sales
- Definitions Used in This Document
- Fabio Leonardi S.r.l. is the company distributing Fabio Leonardi Products, with registered office at Via Baiesi 132/b, 40011 Anzola dell’Emilia, Bologna, Italy — VAT No. 02703071205.
- fabioleonardi.it contains the virtual store accessible via the URL https://fabioleonardi.it/negozio/ through which it is possible to purchase the Products.
- Terms and Conditions of Sale: these general terms and conditions of sale and any future updated versions that may be published on fabioleonardi.it.
- Customer: any individual or legal entity purchasing one or more Products through fabioleonardi.it, accepting the Terms and Conditions of Sale.
- Parties: Fabio Leonardi S.r.l. and the Customer, jointly.
- Sales Contracts: the sales agreements for the Products concluded, pursuant to Art. 3 below, between Fabio Leonardi S.r.l. and Customers through fabioleonardi.it.
- Products: the products published on fabioleonardi.it which may be the subject of future Sales Contracts.
- Price: the sale price of the Products as indicated on fabioleonardi.it corresponding to the Products themselves.
- Order: the purchase order for Products submitted by Customers in accordance with the Terms and Conditions of Sale and following the procedure set out in Art. 6 below.
- Order Confirmation: the email message through which Fabio Leonardi S.r.l. communicates acceptance of the Order to Customers.
- Subject Matter
- These Terms and Conditions govern all Sales Contracts and constitute an essential and integral part thereof.
- Fabio Leonardi S.r.l. reserves the right to modify the Terms and Conditions at any time, without prejudice to the fact that the version published on fabioleonardi.it at the time the relevant Order is submitted by the Customer shall apply to each Sales Contract.
- In the event of conflict between the provisions contained in these Terms and Conditions and any other specific provisions relating to the Sales Contract published on fabioleonardi.it, the latter shall prevail.
- Conclusion of the Sales Contract
- Fabio Leonardi S.r.l. undertakes to send the Customer the Order Confirmation within 2 working days from receipt of the relevant Order.
- The Sales Contracts shall be deemed concluded between the Parties when the Customer receives the Order Confirmation, regardless of actual acknowledgment thereof (without prejudice to the right of withdrawal referred to in Art. 9, where applicable). Should the Customer not receive the Order Confirmation within the timeframe indicated in Art. 3.1, this shall be understood as rejection by silence and therefore the relevant Order shall be considered rejected by Fabio Leonardi S.r.l. and without any legal effect.
- By submitting the Order, the Customer declares to have read all instructions relating to the purchase procedures for the Products referred to in Art. 6 and to have fully accepted these Terms and Conditions, as well as all additional information contained on fabioleonardi.it, including information accessible through links.
- Each Order shall be stored in the fabioleonardi.it database, in accordance with GDPR 679/2016 (“Privacy”) provisions, and shall be accessible by contacting Fabio Leonardi S.r.l.
- Product Availability
- The type of Products published on fabioleonardi.it and their availability may vary at any time without this resulting in any liability for Fabio Leonardi S.r.l. toward Customers.
- Products marked as “out of stock” cannot be ordered by Customers. In the event that a Product indicated as available at the time the Order is submitted becomes unavailable, Fabio Leonardi S.r.l., without prejudice to Art. 3.2, undertakes to inform the Customer by email of the estimated time required for the Product(s) to become available again. The Customer may cancel the Order within 48 hours from receipt of such communication by sending an email to the address specified in Art. 16. In such case, Fabio Leonardi S.r.l. undertakes to refund the Price as soon as possible.
- Fabio Leonardi S.r.l. reserves the right not to indicate the availability of certain Products published on fabioleonardi.it.
- Price and Shipping Costs; Taxes
- The Price is expressed in € (Euro). The applicable Price is the one published on fabioleonardi.it at the time each Order is submitted by the Customer.
- The Price includes VAT.
- The Price does not include shipping costs. The Customer is therefore required to pay Fabio Leonardi S.r.l. a contribution toward shipping costs.
- The contribution referred to above shall be indicated separately from the Product Price on fabioleonardi.it so that the Customer is aware of it before submitting the relevant Order, and shall be paid together with the Product Price according to the methods set out in Art. 7.
- Products shall be delivered exclusively within the European Union.
- Order Submission Procedure
- In order to place Orders on fabioleonardi.it, the Customer must register by entering all data marked as “mandatory” in the relevant section.
- The Customer may purchase Products by selecting them in the dedicated section of fabioleonardi.it and adding them to the “cart.” If the Customer intends to purchase more than one Product, the above procedure must be repeated by clicking “add more products.” Once the Product selection is complete, the Customer must, if not already done, enter their details as per Art. 6.1 and then click “proceed to checkout.” After verifying the accuracy of the selected Product(s) and “shipping information,” the Customer must choose a payment method as described in Art. 7. Once the payment method has been selected, the Customer may submit the Order by clicking “submit order.”
- Payment Methods
Payment may be made by credit card, Google Pay, Apple Pay, PayPal, bank transfer, or cash on delivery (additional cost: €8.00). - Shipping and Delivery Times
- For the purposes of these contractual terms, “shipping” by Fabio Leonardi S.r.l. means delivery of the Products to the courier. From the moment authorization for payment is received in the case of credit card payment, Fabio Leonardi S.r.l. undertakes to ship the Products according to the following timelines: (i) in the case of available Products (as defined in Art. 4): within 5 working days; (ii) in the case of available Products that subsequently become unavailable (as defined in Art. 4.2): within 5 working days from the moment such Product(s) become available again in the warehouses of Fabio Leonardi S.r.l., without prejudice to the Customer’s right to cancel the Order pursuant to Art. 4.2.
- Fabio Leonardi S.r.l. guarantees shipment of Products via express courier. Products are shipped by Fabio Leonardi S.r.l. and delivered by the Courier to the address indicated by the Customer during registration pursuant to Art. 6.1 or to another address indicated when submitting the Order.
- Pursuant to applicable law, Fabio Leonardi S.r.l. completes delivery of the Products upon delivery thereof to the Courier, but shall do everything reasonably possible to ensure that Products shipped pursuant to Arts. 8.1 and 8.2 are delivered by the Courier within the timeframes indicated in the “Shipping” section of fabioleonardi.it.
- The delivery times referred to in Art. 8.1 shall not in any case be considered binding on Fabio Leonardi S.r.l., which shall not be held liable in any way for failure to comply with them.
- Customers, or persons appointed by them who are present at the delivery address indicated in the Order Confirmation, are required, upon delivery, to verify that: (i) the Products correspond to those indicated in the Courier’s delivery document in terms of quantity and type; (ii) the packaging of the Products is intact, not damaged, wet, or otherwise altered, including sealing materials.
- Any damage to the packaging of the Products must be immediately contested by the Customer by placing a written reservation on the Courier’s proof of delivery. It is understood that once the Courier document has been signed without objections, the Customer may no longer raise disputes with Fabio Leonardi S.r.l. regarding the delivered Product.
- Products may only be delivered by the Courier to Customers or persons authorized by them; the recipient must sign to certify delivery. The Courier does not deliver to PO boxes or by placing Products in mailboxes or similar locations.
- Right of Withdrawal
- If Customers qualify as “consumers” (meaning a natural person acting for purposes unrelated to any business, commercial, artisanal, or professional activity), they are entitled, pursuant to Art. 64 of Legislative Decree No. 206/2005, to withdraw from the Sales Contracts within 10 working days from the date of receipt of the Products. The right of withdrawal must be exercised by sending Fabio Leonardi S.r.l. written notice by email to the address specified in Art. 16, containing:
- the intention to exercise the right of withdrawal;
- the indication of the Order that gave rise to the Sales Contract from which they intend to withdraw.
- In the event Customers exercise the right of withdrawal referred to in this Art. 9:
- Customers undertake to return the Products within 7 working days from the date of the withdrawal notice referred to in Art. 9.1;
- all costs connected with returning the Products shall be entirely borne by the Customers;
- Fabio Leonardi S.r.l. shall refund the total amount of the transaction net of shipping and collection costs;
- Fabio Leonardi S.r.l. undertakes to refund the Price as soon as possible, and in any event within 30 days from receipt of the withdrawal notice referred to in Art. 9.1, provided that:
- the Products have been returned and are intact;
- the original packaging has also been returned and is intact;
- any accessories have also been returned and are intact;
- the Products have not been used;
- Fabio Leonardi S.r.l. shall inform Customers of the refund method and may request Customers’ bank details (IBAN and account holder name).
- If Customers exercise the right of withdrawal in a manner not compliant with the procedures and terms set out in this Art. 9, they shall not be entitled to a refund of the Price.
- If Customers qualify as “consumers” (meaning a natural person acting for purposes unrelated to any business, commercial, artisanal, or professional activity), they are entitled, pursuant to Art. 64 of Legislative Decree No. 206/2005, to withdraw from the Sales Contracts within 10 working days from the date of receipt of the Products. The right of withdrawal must be exercised by sending Fabio Leonardi S.r.l. written notice by email to the address specified in Art. 16, containing: