Terms of service
1. GENERAL INFORMATION
1.1 These General Conditions concern the online sale of products bearing the Fably trademark, under exclusive license of Fably, through the website www.fably.it
1.2 ANVITA S.R.L. SB reserves the right to impose limitations on the maximum number or value of products that can be purchased.
1.3 Furthermore,Fably reserves the right to apply, for individual orders, additional and specific contractual conditions of sale (also called "Specific Conditions"), explicitly indicated in the order summary. By confirming the order, the Customer accepts these specific conditions. In the event of conflict, the provisions of the Specific Conditions prevail over the General Conditions.
1.4 The website www.fably.it, the trademark and any goods subject to industrial and intellectual property are the exclusive property of Fably. This includes - by way of example and not limited to - all trademarks, trade names, illustrations, images, documentation, characters, design, music, software, codes and format scripts, which are protected by the laws in force on trademarks and related international treaties.
1.5 Partial or total reproduction, on any type of medium, the use of the elements that make up the website www.fably.it and the catalogue, their use as well as their transfer to third parties are prohibited. It is therefore forbidden to copy, disclose and modify the contents protected by copyright, registered trademarks or other intellectual and industrial property rights.
2. CONCLUSION OF THE CONTRACT AND APPLICATION OF THE GENERAL CONDITIONS
2.1 The sales contracts of the products on the website www.fably.it are considered concluded when Fably receives the purchase order made by the Customer, according to the procedure indicated below, and accepts it.
2.2 Furthermore, during the purchase procedure, the Customer must approve these General Conditions for the correct execution of the purchase itself, undertaking to observe and respect them in his relations with Fably.
2.3 Fably invites the Customer to keep these General Conditions after completing the online purchase procedure, as he has viewed and accepted them during the conclusion phase of the contract.
3. PURCHASE PROCEDURE
3.1 The Customer purchases the products offered for sale by Fably, with the Fably brand, whose characteristics are indicated and illustrated in the relative descriptive and technical sheets, at the price indicated on the site, to which any specified delivery costs must be added.
3.2 The purchase must be made following the instructions and procedures provided by Fably on its website www.fably.it
3.3 Before sending the purchase order, a summary of the unit costs of each selected product, the total cost for the purchase of multiple products and any associated delivery costs is provided.
3.4 After sending the purchase order, the Customer will receive an email from Fably confirming receipt of the order and containing information on the main characteristics of the purchased product, the price details, any delivery costs, a reference to these General Conditions and, if applicable, to the Specific Purchase Conditions.
4. PAYMENT METHODS
4.1 The Customer can pay for the products and any delivery costs using the payment methods indicated on the website www.fably.it at the time of purchase, in more detail by: - Credit or debit card, if supported; - Paypal, through the tools offered on the website; - Cash on delivery, or cash payment to be made upon delivery to the indicated courier; - Klarna, detailed in point 12.
4.2 Payment must be made in accordance with the instructions provided during the purchase procedure. The order will be confirmed and processed only after receipt of payment by Fably.
4.3 Fably reserves the right to suspend or cancel an order in the event that payment is not made or is refused by the bank or payment service provider
5. DELIVERY OF PRODUCTS
5.1 Fably undertakes to deliver the products to the Customer at the shipping address indicated during the purchase procedure. Shipping costs are borne by the Customer, unless otherwise indicated on the website www.fably.it or in the Specific Conditions.
5.2 Fably will do everything possible to respect the delivery times indicated on the website or communicated to the Customer. However, these times are indicative and not binding, and Fably cannot be held responsible for any delays in the delivery of the products.
5.3 Upon delivery, the Customer is required to check the integrity of the packaging and the products. In the event of obvious damage, the Customer must immediately report it to the courier and note it on the delivery document. Any complaints for hidden damage must be communicated to Fably within a reasonable time to the email address hello@fably.it
6. RIGHT OF WITHDRAWAL
6.1 The Customer has the right to withdraw from the purchase contract within 60 days from the date of delivery of the products, without having to provide any reason. To exercise the right of withdrawal, the Customer must send a written communication to Fably to the email hello@fably.it within the aforementioned term.
6.2 In the event of withdrawal, the Customer is required to return the products within 7 days of receiving the email from Fably with the instructions for returning the product and booking collection by courier.
6.3 The product must be returned in its original state and packaging, in a perfectly clean condition, as well as with the relative documentation and any accessories. Damaged products or those showing signs of wear will not be accepted, but only those kept in a normal state of conservation and/or stored with the use of normal diligence. In the event that this occurs, Fably reserves the right not to reimburse the customer.
6.4 Once the returned products have been received, Fably will proceed to reimburse the amount paid by the Customer, excluding any additional delivery costs, within 14 days from the date of receipt of the returned products.
6.5 In the event of a return request for a product exchange with a value higher than that previously purchased, Fably reserves the right to request payment of the difference before shipping the replacement product.
6.6 In the event that the Customer exercises the right of withdrawal in violation of the times and methods indicated in this article 5, Fably will be free not to accept the return of the product and not to refund the amounts.
6.7 The right of withdrawal is in any case excluded in the following cases:
- sale of goods made to measure or personalized (art. 59, letter c of the Consumer Code);
6.8 Returns will be made with delivery costs borne by the customer in the following cases:
-
return due to a change of mind about the purchase;
-
return due to an error in the selected size, dimension, or option;
-
return for other reasons not attributable to a defect in the item or a shipping error by Fably.
7. WARRANTY
7.1 The products sold by Fably are covered by a legal guarantee of conformity pursuant to the applicable legislation.
7.2 In the event of a lack of conformity of the products, the Customer has the right to the replacement of the products or, if this is not possible, to a reduction in price or termination of the contract.
7.3 To benefit from the guarantee, the Customer must report the defect to Fably within 14 days of its discovery. The guarantee does not cover damage caused by improper use or normal wear and tear.
8. APPLICABLE LAW AND JURISDICTION
8.1 The purchase contract and these General Conditions are governed by Italian law.
8.2 Any dispute arising from the purchase contract will be under the jurisdiction of the Court of Syracuse, without prejudice to the Court of the place of residence or domicile of the Customer, if the law so provides.
9. AMENDMENTS AND REFERENCES
9.1 Fably reserves the right to make changes to these General Conditions at any time, giving notice to the Customer by publishing them on the website www.fably.it
9.2 For anything not expressly derogated from these General Conditions and possibly from the Specific Conditions, express reference is made to Legislative Decree 6 September 2005, n. 206 (Consumer Code) and subsequent amendments, as well as to the applicable legislation in force, including Legislative Decree 9 April 2003, n. 70 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market) and subsequent amendments, as well as Legislative Decree 30 June 2003, no. 196 (Privacy Code), the Civil Code, etc....
10. PROCESSING OF PERSONAL DATA
10.1 Fably processes the Customer's personal data in accordance with current privacy legislation. Information on the processing of personal data is available in the Privacy Policy available on the website www.fably.it
11. FINAL PROVISIONS
11.1 Fably reserves the right to make changes to these General Conditions at any time. The changes will be effective from the date of publication on the website www.fably.it
11.2 In the event that a provision of these General Conditions is considered invalid or unenforceable, such provision will be eliminated without affecting the validity and applicability of the remaining provisions.
11.3 Failure or delay in the exercise by Fably of any right or provision under these General Conditions shall not constitute a waiver of such right or provision.
11.4 These General Conditions constitute the entire agreement between the Customer and Fably regarding the purchase of the products and replace any previous agreement or understanding, whether written or verbal, in this regard.
12. KLARNA
12.1 If you buy with Klarna, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Klarna Bank AB, related parties and their assignees, and that you authorize such assignment.
13. DISCOUNT CODES
13.1 Fably discount codes cannot be combined with other offers currently active on the site. It is therefore not possible to apply discount codes to items already discounted