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GENERAL TERMS AND CONDITIONS OF SALE

1. General Information

These General Terms and Conditions of Online Sale govern purchases made through the website www.falcord.com, operated by Falcord Group S.r.l., with registered office at Via Cisa 33, 54028 Villafranca in Lunigiana (MS), Italy, VAT No. and Tax Code 01465230454, certified email (PEC): Falcordgroupsrl@pec.it

For information regarding orders, quotations and purchases, Falcord Group S.r.l. may be contacted at the following email address:

info@falcord.com

For assistance with orders placed, shipments, deliveries, returns or any issues arising after purchase, please contact:

commerciale@falcord.com

Placing an order through the website implies that the customer has read and accepted these General Terms and Conditions of Sale.

2. Definitions

– E-commerce Contract: An E-commerce Contract (hereinafter the “Contract”) means a sales contract under which the Supplier, or its intermediary, offers goods or services through a website or other electronic means, and the Buyer orders such goods or services on that website or through other electronic means arranged by the Supplier. For this definition, as for the following two definitions, reference is made to EU Regulation 524/2013 (1).

– Sales Contract: Any contract under which the Supplier transfers, or undertakes to transfer, ownership of goods to the Buyer, and the latter pays, or undertakes to pay, the price thereof (EU Regulation 524/2013, Art. 4).

– Consumer Code: The reference legislation for consumer protection, laid down by Legislative Decree No. 206 of 6 September 2005, as subsequently amended (hereinafter, for brevity, the “Consumer Code”).

– Conformity with the Contract: Goods are Conforming to the Contract where the following conditions, where relevant, are met: i) they are suitable for the purposes for which goods of the same type are normally used; ii) they correspond to the description given and possess the qualities of the goods presented as a sample or model; iii) they have the usual quality and performance of goods of the same type which the Buyer may reasonably expect, taking into account the nature of the goods and, where applicable, public statements concerning the specific characteristics of the goods made by the seller, the manufacturer or their agent or representative, particularly in advertising or on labelling; iv) they are also suitable for any particular purpose required by the Buyer, made known to the Supplier at the time of conclusion of the Contract, and accepted by the Supplier, including by conduct (Art. 129, paragraph 2, Consumer Code).

– Defective Goods: Goods are defective when they do not provide the safety that a person is legitimately entitled to expect, taking into account all circumstances, including: a) the manner in which the goods were placed on the market, their presentation, their apparent characteristics, and the instructions and warnings provided; b) the use for which the goods may reasonably be intended and the conduct that may reasonably be expected in connection with such use; c) the time when the goods were placed on the market. Goods shall not be considered defective solely because an improved version was subsequently placed on the market at any time. Goods are defective if they do not provide the safety normally offered by other units in the same series (Art. 117, Consumer Code).

3. Products and Availability

Falcord Group S.r.l. sells ropes and cordage primarily intended for the marine and industrial sectors.

The website offers both standard products, available in the configurations specified online, and products sold by the metre or manufactured according to the customer’s specifications.

For products, processing, lengths, configurations or features not directly available on the website, a quotation may be requested from Falcord Group S.r.l.

In such cases, the product specifications, price, any production lead times and delivery conditions will be communicated to the customer in the relevant quotation.

4. Made-to-Measure and Customised Products

Falcord Group S.r.l. also manufactures products cut to size, sold by the metre or customised according to the customer’s specifications.

Customisation may include, by way of example, length, dimensions, configuration, processing and product colours, subject to the technical and production capabilities of Falcord Group S.r.l.

The specifications and available options for products that can be purchased directly online are set out on the relevant product pages. For different requirements or special processing, a quotation must be requested.

5. Subject Matter of the Contract

Under the Contract, the Supplier sells and the Buyer purchases, by electronic means, the goods offered on the Website and/or the goods specified in the quotation.

The aforementioned goods are available on the Website, at https://www.falcord.eu/shop/, which displays the catalogue of goods promoted online by the Supplier. These goods are depicted/represented accurately on the Website, with their relevant characteristics highlighted. However, the Supplier cannot guarantee an exact and precise correspondence between the actual appearance of the goods promoted online and their representation on the Buyer’s monitor. In the event of discrepancies between the images of the goods displayed online and their written information sheet, the latter alone shall prevail.

6. Availability of Goods

The Supplier ensures, through its computer system, that orders are processed and fulfilled without delay, in accordance with the procedures set out in the following Art. …. of these General Terms and Conditions of Online Sale. To this end, the Supplier’s electronic catalogue will indicate, in real time, which goods are available and unavailable, as well as their estimated dispatch times. The aforementioned computer system will confirm registration of the order as soon as possible by sending the Buyer specific confirmation by email (the so-called Order Receipt).

If an order should nevertheless exceed actual stock availability, or if the goods are unavailable for other reasons, the Supplier shall promptly inform the Buyer by email or telephone of the unavailability of the goods in question and, where possible, the waiting time required to obtain them, requesting renewed confirmation of the order in accordance with the different timescales indicated by the Supplier.

7. Conclusion of the Contract

The Contract between the Supplier and the Buyer shall be concluded exclusively online, except for orders placed on the basis of a quotation.

After accessing the e-Shop, the Buyer must follow the procedures/instructions indicated therein to complete the purchase of goods by filling out the forms provided by the Supplier. If intending to purchase online, the Buyer must duly select the desired goods, one at a time, and place them in the shopping cart configured by the Supplier. After selecting the desired goods, the Buyer will be asked to finalise the shopping cart by submitting the list of selected items to the Supplier. Before submission, a page will be displayed to confirm the purchase order for the selected goods, indicating their prices and the options available to the Buyer, who must select the delivery, transport and payment methods for performance of the Contract. Through order confirmation, the Buyer undertakes to check and validate, before submission, their personal details, the goods covered by the Contract, their prices, any shipping costs and/or additional charges, the selected payment methods and terms, the delivery address and any other required information. The order confirmation form informs the Buyer in advance of the timescales for performance of the Contract, drawing attention to the right of withdrawal and the other rights granted to the Buyer by law. After completing the required checks, the Buyer must select the interactive button on the webpage by clicking the box labelled “Confirm purchase order with obligation to pay”, thereby submitting the order to the Supplier.

The online publication of goods and/or services through the Website constitutes merely an invitation to make an offer, enabling the Buyer to submit a purchase offer; accordingly, the Buyer’s order, previously confirmed by the Buyer, constitutes solely a contractual offer subject to these General Terms and Conditions of Online Sale, which the Buyer declares to know and accept.

The order confirmation, duly completed and checked in accordance with the instructions, will be acknowledged by the Supplier through a receipt sent to the Buyer’s email address for the sole purpose of confirming receipt in the Supplier’s computer system. The Supplier will then begin processing the order by verifying the information provided by the Buyer and the availability of the requested goods. The Supplier’s receipt does not constitute acceptance of the purchase offer. This receipt, which includes an “Order Number” to be used in all communications with the Supplier, restates, in addition to the information required by law, all the details mentioned above, which the Buyer must check again and promptly notify the Supplier of any necessary corrections. If prices or other characteristics of goods promoted online are found to have been incorrectly stated, or if the requested goods are unavailable, the Supplier will promptly inform the Buyer, inviting the Buyer, if still interested, to amend the order or, after cancelling the previous order, place a new order, in accordance with the procedures promptly communicated.

The Supplier may accept or reject an order submitted by the Buyer, without the latter being entitled to assert any rights and/or claims of any kind, including claims for damages, arising from non-acceptance of the order. The Contract shall be concluded only when a separate email (or a message in the communication centre on the Website, or equivalent) accepting the purchase offer is sent, which will also contain information concerning shipment and the expected delivery date (Shipping Confirmation). If the order is fulfilled through multiple shipments, the Buyer may receive separate Shipping Confirmations. The Buyer may nevertheless cancel the order before receiving the Shipping Confirmation, provided that the order has not been prepared for shipment. In this case, no charge will be made. The right of withdrawal under the terms and conditions of the following Art. …… remains unaffected.

Upon receipt of payment for the requested goods/services, the Supplier will dispatch the goods and issue the relevant tax document in accordance with the law.

The Contract shall not be concluded and shall have no effect if the procedure set out in this article is not duly followed.

5.6 In the event of any error, typo or problem in completing the online forms or, more generally, in carrying out the purchasing procedures established by the Supplier, the Buyer is invited to contact the following without delay: landline: 0187 429552, mobile: +39 353 4979841 / email: commerciale@falcord.com

8. Prices and Payment Methods

The prices applicable to products available for purchase online are those shown on the website at the time the order is placed, except in the case of clerical or obvious errors.

For products not listed on the website, special processing or customised products, the price will be communicated through a specific quotation.

Purchases made through the website may be paid for using the payment methods available when placing the order, including:

  • credit or debit cards belonging to networks accepted by the payment system;
  • PayPal;
  • advance bank transfer.

Cash on delivery is not available.

In the case of payment by advance bank transfer, the order will be processed only after the amount due has actually been credited to the bank account indicated by Falcord Group S.r.l. Accordingly, the order preparation or production times will start from the date payment is credited, unless otherwise indicated.

The Buyer undertakes to pay the required price for the goods and/or services purchased online, within the timescales and by the methods specified above and on the Website.

The prices of goods promoted through the Website, as well as any other charges/expenses relating to the invitation to make an offer, are expressed in euros.

Prices include VAT and all other taxes.

Shipping costs and any additional charges, such as customs clearance, where applicable, although not included in the sale price, will be indicated and calculated by the Supplier during the purchase procedure, before submission of the order confirmation, and specifically detailed in the order summary (order receipt).

Payment for goods purchased online shall be made using the method chosen by the Buyer from those expressly accepted by the Supplier and duly specified in the relevant section of the Website. Use of the aforementioned payment methods does not entail any additional charges for the Buyer, except for any costs incurred by the Supplier that are duly documented and communicated to the Buyer.

Any refund due to the Buyer will be credited using one of the methods offered by the Supplier and selected by the Buyer and, in the event of withdrawal, within a maximum of 14 days (fourteen days) from receipt by the Supplier of formal notice of withdrawal. However, the Supplier may defer the refund until the goods have been received or, in any event, until the Buyer has provided adequate proof that they have been returned.

9. Sales and Shipping Areas

Falcord Group S.r.l. ships to Italy and European Union countries served by the courier used by the company.

Shipping is also available to certain territories and non-EU countries served by the courier, including the United Kingdom and Switzerland, subject to the conditions and rates available at the time of ordering.

Shipments to islands and other special destinations are made to areas served by the courier and may be subject to different conditions, costs and delivery times.

Shipments to non-EU countries may be subject to customs formalities, taxes, duties or other charges required under the laws of the destination country.

10. Shipping and Delivery Methods, Times and Costs

For products available for direct purchase on the website, the estimated order preparation time is generally between 48 and 72 working hours, calculated from Monday to Friday, excluding public holidays.

These times relate to preparation and/or production by Falcord Group S.r.l. and are separate from the courier’s subsequent transit times.

If the Supplier is unable to prepare and/or dispatch the order within the period referred to in the preceding paragraph, it shall promptly notify the Buyer by email or telephone, provided that these contact details were supplied during online registration and submission of the order.

For products not available for direct online purchase and subject to quotation, production and delivery times will be communicated separately to the customer.

Orders placed through the website are shipped using the GLS courier, unless otherwise indicated by Falcord Group S.r.l.

Once the goods have been handed over to the courier, delivery will be made to the address specified by the customer when placing the order or, where available and agreed in advance, to a courier depot for collection.

Estimated transit times are generally within 48 working hours, Monday to Friday, except for special destinations, islands, remote locations, foreign countries, periods of high shipping volumes or circumstances not directly attributable to Falcord Group S.r.l.

The customer must provide a correct and complete delivery address and be available to receive the goods in accordance with the courier’s procedures.

11. Storage and Archiving of Contractual Documents

Pursuant to Art. 12 of Legislative Decree 70/2003 and Arts. 50–51 of the Consumer Code, the Buyer is informed that each order submitted online will be stored and archived in digital and/or paper form at the Supplier’s premises, in accordance with appropriate confidentiality and security criteria. For copies or other requests in this regard, the Buyer is invited to contact the Supplier at the following details: landline: 0187 429552, mobile: +39 353 4979841 / email: info@falcord.com.

The Buyer is invited to save on their device, in an appropriate digital format, both the Order Receipt and the Shipping Confirmation sent by the Supplier, as well as these General Terms and Conditions of Online Sale, and in any event to print them.

12. Right of Withdrawal for Standard Products

Where the customer qualifies as a consumer and the conditions laid down by current legislation are met, a right of withdrawal is granted for standard products that are ready-made and have not been manufactured, modified, cut or customised specifically for the customer, within 14 days of delivery of the product, in accordance with the Consumer Code, without penalty and without giving any reason.

Customers wishing to exercise the right of withdrawal must notify Falcord Group S.r.l. within the prescribed period using the contact details indicated in these Terms and Conditions.

The product must be returned intact and in accordance with the instructions provided by Falcord Group S.r.l.

Unless otherwise indicated by Falcord Group S.r.l., returns must be made using the GLS courier.

The direct costs of returning goods following the exercise of the right of withdrawal shall be borne by the customer, unless otherwise provided by applicable law or indicated by Falcord Group S.r.l.

The Supplier shall refund the price of the goods for which the right of withdrawal has been exercised within 14 days (fourteen days) of receipt of the notice of withdrawal from the Buyer. As a general rule, the Supplier shall use the same payment method chosen by the Buyer for the original transaction, unless the Buyer has requested otherwise, in which case any additional costs arising from the different payment method selected shall be borne exclusively by the Buyer. The Supplier may withhold the refund until receipt of the goods or until the Buyer has provided proof of having returned them.

If the returned goods are damaged or show signs of wear resulting from handling beyond what is strictly necessary to immediately and directly establish their nature, characteristics and functioning, the Supplier shall deduct from the refund an amount corresponding to the reduction in their value. Accordingly, where the returned goods are damaged (for example, abrasions, scuffs, scratches or other deformations, etc.), or are not complete with all parts or accessories (including labels, tags, etc.), or are missing accompanying instructions/notes/manuals, original packaging and/or packing materials (or otherwise suitable packaging), or the relevant warranty certificates (where present), the Buyer shall be liable for the reduction in the value of the goods and shall be entitled to a refund equal to their residual value.

Once the Supplier receives the communication in which the Buyer expresses the intention to exercise the right of withdrawal, all obligations associated with the Contract shall cease, without prejudice to the provisions of this Article.

13. Exclusion of the Right of Withdrawal for Made-to-Measure or Customised Products

Pursuant to Art. 59 of Legislative Decree 206/2005 (Consumer Code), the right of withdrawal is excluded in the cases provided for by law, including the supply of goods made to the consumer’s specifications or clearly personalised.

Therefore, except in cases provided for by the legislation on defective or non-conforming products, the right of withdrawal cannot be exercised merely because the customer has changed their mind in relation to ropes, cordage or other products:

  • cut to the length requested by the customer;
  • made to measure;
  • modified specifically for the order;
  • customised in their characteristics, processing, dimensions or colours according to the customer’s instructions.

Before purchasing such products, customers are therefore invited to carefully check the characteristics, measurements, quantities, colours and any other requested specifications.

14. Defective, Damaged or Non-Conforming Products

If the product received is defective, shows abnormalities or does not correspond to what was ordered, the customer is invited to promptly contact Falcord Group S.r.l. at:

commerciale@falcord.com

The communication must include the order number and a description of the problem encountered.

Falcord Group S.r.l. may request photographs or other useful documentation to verify the report and identify the most appropriate solution.

Where the conditions under applicable legislation and the statutory guarantee of conformity are met, Falcord Group S.r.l. shall restore conformity of the product, free of charge to the consumer, through repair or replacement, where applicable and as provided by law.

In the cases and under the conditions provided for by current legislation, where these remedies are not possible or applicable, the consumer may be entitled to a proportionate price reduction or termination of the contract and the corresponding refund.

The costs necessary to return a product recognised as defective or non-conforming shall be borne by Falcord Group S.r.l. in the cases provided for by applicable legislation.

The Buyer shall lose all rights relating to the Conformity of Goods with the Contract if the alleged lack of conformity is not reported to the Supplier within 2 months (two months) of its discovery. Such notification is not required if the Supplier has expressly acknowledged the defect or knowingly concealed it. The notification must specify the non-conformity identified and include at least one photograph of the goods concerned, together with a fiscal receipt issued by the Supplier proving the purchase.

Where the Supplier is required to refund all or part of the price paid to the Buyer, the refund shall, where possible, be made through the same payment method used by the Buyer when purchasing the goods or, alternatively, by bank transfer. The Buyer must provide the Supplier, when submitting the report/request, with the bank details required to make the transfer, so that the Supplier can return the amount due.

15. Limitations of Liability

The Supplier shall not be liable for failure or delay in performing the Contract where this results from disruptions attributable to force majeure, unforeseen circumstances or, in any event, causes not attributable to the Supplier. Except in the cases referred to in Art. 1229 of the Italian Civil Code, the Buyer shall consequently not be entitled to any compensation and shall only be entitled to a full refund of the price and any additional charges paid.

The Supplier, having demonstrated the adoption of all possible precautions based on ordinary diligence, experience and the best available knowledge regarding the security of online transactions, assumes no liability for any fraudulent, unlawful or improper use of credit cards, cheques or other payment instruments attributable to intentional or negligent conduct by the Buyer in relation to obligations to safeguard such instruments and promptly inform their issuers.

16. Termination of the Contract

The timely payment for goods purchased online, pursuant to Art. 6.1 of these General Terms and Conditions of Online Sale, as well as payment of any further charges and/or obligations referred to in Art. 6.3, constitute essential obligations under the Contract.

Unless justified by unforeseen circumstances or force majeure, failure to fulfil the aforementioned obligations shall result in the automatic termination by operation of law of the Contract pursuant to Art. 1456 of the Italian Civil Code, without the need for a court ruling.

17. Processing of Personal Data

The Supplier protects the Buyer’s personal data, ensuring that their processing fully complies with the applicable legislation, in particular Regulation 679/2016 (1) and the relevant national provisions (the Privacy Code, as most recently amended by Legislative Decree 101/2018).

For further details, reference is made to the Website Personal Data Processing Notice and the associated Extended Cookie Policy. It is hereby specified that personal data acquired directly and/or indirectly through the Website shall be collected and processed electronically/digitally and, where applicable, on paper, for the following main purposes: i) to register the order; ii) to perform the Contract and manage related communications; iii) to comply with legal obligations; iv) to manage commercial relationships in order to better provide the requested services. Accurate and timely communication of the Buyer’s personal data is a necessary condition for proper performance of the Contract by the Supplier, who will otherwise be unable to process the Buyer’s order.

18. Customer Support

For any requests concerning orders, quotations or commercial information:

info@falcord.com

For post-purchase assistance, delivery issues, returns, defective or non-conforming products:

commerciale@falcord.com

Customers are invited to always provide their order number, where available, to enable faster handling of their requests.

19. Final Provisions

These General Terms and Conditions of Sale are governed by Italian law and applicable European legislation on e-commerce and consumer protection.

In all cases, the mandatory rights granted to consumers under current legislation remain unaffected.

Falcord Group S.r.l. reserves the right to update or amend these General Terms and Conditions of Sale in compliance with applicable legislation. The conditions applicable to each order shall be those in force and made available to the customer at the time the purchase is concluded.

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