Modellismo Fioroni srl,
In relation to the treatment of the personal data, you will directly be able, at every moment, to exercise the rights of which to the art. 7 of the code.
based in Via Monti, 4 Casarile (MI), is holder of www.modellismofioroni.it
General Terms and Conditions of Sale
1. The contract between Modellismo Fioroni srl and the Customer must be settled with the acceptance of the order by Modellismo Fioroni srl S.a.s. This acceptance is implicit if not differently communicated to the Customer. The Customer, effecting the order in the various modalities, declares to look over the order indications and accepts general conditions, payment and delivery terms.
2. If the Client is an end consumer (i.e. a physical person who purchases the goods for purposes that cannot be attributed to his professional activity), once completed the online purchase procedure, he will print and save, or anyway keep, an electronic copy of these General Sales Terms, in accordance with art. 3 and 4 of Italian decree no. 185/1999 concerning mail-order or distance shopping.
3. The Client’s right to claim for any damage or expense is excluded, as well as for any contractual or non-contractual responsibility for direct or indirect damages against persons.
Provisions of the contract
4. The Client can purchase only those products available in the electronic catalogue upon order submission, and that can be seen on http://www.modellismofioroni.it, as described in the related information sheets. Technical information reported on http://www. modellismofioroni.it is exactly that of the components of goods included in the catalogue and provided by the manufacturers. It is understood that the picture included in a product technical data sheet can be not perfectly consistent with its characteristics.
5. The purchase order is accepted by Modellismo Fioroni srl S.a.s. through an order receipt sent via e-mail; the order receipt contains part of the sale conditions, the description of the product features, the main elements of the contract (price, means of payment), the order filing and storage of data methods arranged by the Vendor as well as the correction procedures of the order content.
6. In case of non-acceptance of the order, Modellismo Fioroni S.a.s. will inform the Customer immediately.
7.Payment on Delivery
If paying cash on delivery, Client will give directly to the Courier the precise amount of cash as indicated on the order. The name of the Courier in charge of the delivery will be communicated to the Client according to the procedures provided on the website.
8. Advance Payment by Bank Transfer
In case of payment by Advance Payment by Bank Transfer, the goods ordered by the Customer are reserved till the receipt of effected money transfer, within 3 working days from the order acceptance date. The goods will be shipped only once the effective crediting on Modellismo Fioroni srl bank account has been received, so within 7 working days from order acceptance date. After this date, the order will be cancelled automatically.
The cause to write down bank transfer has to indicate:
- Number of the order;
- Date of the order;
- Name and last name of ordering people.
Products delivery and Delivery times
9. Modellismo Fioroni srl accept worldwide orders with delivery by International carrier.
10. For every order effected on http://www.modellismofioroni.it, Modellismo Fiorono S.a.s. issues one invoice for the dispatched material. This invoice will be send by e-mail or directly in the parcel at the holder’s holder, in accordance with art. 14 D.P.R. 445/2000 and the DL 52/2004. The invoice will be issued complete with the data indicated by the Customer on ordering. No further variations are permitted.
11. The transport cost is due to Modellismo Fiornoni S.a.s., unless otherwise stated. The payment procedure will be chosen while contracted the order. Nothing else than the total indicated on the order will be due by the Client.
12. Modellismo Fioroni srl refuses any responsibility for the delay of any delivery.
13. Upon receipt of your order, we would ask you to thoroughly check that the numbered parcels are indeed the same as those shown on the packing list. Please also check that the packaging has not been damaged or altered in any way.
If the package is not whole or is damaged, the Client must immediately report this to the Courier, otherwise the Product will be considered regularly delivered. You also should ask to sign with reserve, writing on the shipping document "I accept with reserve due to…" (for instance damaged package), signing the same document and asking the carrier to countersign.
The signature of the delivery note by the client constitutes acknowledgement of the satisfactory condition of the product and its conformity to the order.
We must be notified of obvious defects immediately, but within 7 days following delivery at the latest.
14. In case of no withdrawal of the goods in storage in the Courier stocks within 5 working days, due to the impossible and reiterated delivery at the address given by the Client at the contraction of the order, the order will be automatically cancelled. Modellismo Fioroni srl is allowed to retain 10% of the order value, with a minimum of 20€, so as to cover the expenses of the storage and the management of the non delivered order.
Right to withdraw
15. In accordance with the art. N°5 of the Italian decree 185/1999, if the Client is an end consumer (i.e. a physical person who purchases the goods for purposes that cannot be attributed to his professional activity, therefore he does not perform purchasing by using a VAT registration number), he may exercise the right of refusal, with no need of explanation, and without penalty, except if conditions presented at point 19 are not respected.
16. The consumer who intends to exercise the right of refusal must send within 10 (ten) days of receiving the item a registered letter with notice of reception to the following address:
Modellismo Fioroni srl
Via Monti,420080 Casarile (MI)
As an alternative, the consumer can send.
a. a telegram, within 10 (ten) days of receiving the item, to the above address,
b. fax to the same within 10 (ten) days of receiving the item to +39.0577.950055 indicating the same details as in the registered letter mentioned above.
In both cases, a) and b), the communication must be confirmed within 48 hours of sending the telegram or fax by means of a registered letter with notice of reception, sent to the above address.
When we receive your request to return your items, our staff will authorise this by sending you an e-mail. Within the mail you will find an attachment detailing how the item/s can be returned. The item/s should be returned within 10 days after authorization.
17. The right of withdrawal can be exercised under the following unbreakable conditions:
- the right applies to the whole purchased product; it is not possible to exercise withdrawal from one part only of the purchased product (e.g. accessories, etc.);
- the right does not apply once product packaging has been opened; the purchased product shall be intact and returned in its original packaging, complete in all its parts (including package and any documentation and accessorial supply: handbooks, cables, etc.); to reduce damages to the original packaging, it is recommended, if possible, to include it inside another box, whereas direct attachment of labels or adhesive tape on the original product packaging shall be avoided;
the item subject to the right of withdrawal must show the same registration number displayed on the invoice;
shipping expenses related to the return of the item are charged to the Client;
shipment, until confirmation of reception from our warehouse, is under complete responsibility of the Client;
in case of damage to the goods during carriage, Modellismo Fioroni srl will inform the Client (within 5 working days after reception of the item in its warehouse) about what happened, in order to allow him to report the chosen courier and to obtain reimbursement of the product value (if insured); in this case the product will be put at the Client's disposal for being returned, resulting in the cancellation of the withdrawal request at the same time;
Modellismo Fioroni S.a.s. is not liable for damages or theft/loss of goods returned without uninsured shipments;
returned goods shall be directly and exclusively delivered to Modellismo Fioroni S.a.s.
18. Except for any restoration expenses for proven damages to the original packaging, Modellismo Fioroni srl will refund the entire amount paid to the Client, within 30 days after return of goods, excluding purchase expenses, by transferring the invoiced amount via bank transfer. In this case, the Client shall provide the bank coordinates to be used for reimbursement.
19. The right of withdrawal is lost, due to lack of the essential condition of product integrity (packaging and/or its content), when Modellismo Fioroni S.a.s. verifies the following:
- lack of external packaging and/or original internal package;
- lack of accessorial product elements (accessories, cables, handbooks, parts, ...) or defects of the product itself;
- product damages for reasons other than its carriage.
If the right of withdrawal is lost, Modellismo Fioroni srl S.a.s. shall return the purchased goods to the forwarder, charging shipping expenses to him.
Guarantees and defective products
20. All products marketed by Modellismo Fiornoni S.a.s. are covered by manufacturer’s conventional guarantee as well as a 24-month guarantee against defects of conformity, in accordance with Italian decree no. 24/02. To benefit from assistance under guarantee the Client shall keep the invoice and the fiscal receipt that he will receive together with the purchased goods.
21. Manufacturer’s conventional guarantee is provided according to the modalities described in the documentation included into the product packaging and available on a specific section of the www.illunaluce.it website. Should the defect result not covered by manufacturer’s conventional guarantee after the intervention of an Authorized Assistance Centre, any checking and restoration expenses claimed by the Authorized Assistance, as well as carriage expenses, if paid by Modellismo Fioroni srl, will be charged to the Client.
22. The 24-month guarantee in accordance with Italian decree no. 24/02 applies to a product that shows a defect of conformity, provided it is properly used, consistently with its destination and what explained in the attached technical documentation. Such guarantee, in obedience to Italian decree no. 24/02, is intended for private consumer only (i.e. a physical person who purchases the goods for purposes that cannot be attributed to his professional activity, therefore he does not perform purchasing by using a VAT registration number). In case of conformity defect, Modellismo Fioroni srl will restore product conformity, without any expenses charged to the Client, by repairing/replacement, price reduction, or even contract cancellation. Should no defect of conformity in accordance with Italian decree no. 24/02 result from the intervention of an Authorized Assistance Centre, any checking and restoration expenses claimed by the Authorized Assistance, as well as carriage expenses, if paid by Modellismo Fioroni srl, will be charged to the Client.
Replacements in case of DOA (Dead On Arrival: product not working upon arrival), except for existence of the conditions to apply Italian decree no. 24/02, will be performed only if explicitly stated by the manufacturer. Replacement times or any product reparation only depend on those indicated by the manufacturer.
23. Should Modellismo Fioroni srl not be able for any reason to replace the guaranteed product (restored or replaced), it will, under consent by the Client, replace the product itself with another (if still included in the price list) or with a similar product in terms of characteristics.
24. Damages cannot be claimed to Modellismo Fioroni srl for any delay in performing reparations or replacements of products under guarantee.
25. Whereas application of guarantees provides for product replacement, the product shall be returned to the Client in its original packaging, complete in all its parts (including package and any documentation and accessorial supply: handbooks, cables, etc.). .). To reduce damages to the original packaging, it is recommended, if possible, to include it inside another box, whereas direct attachment of labels or adhesive tape on the original product packaging shall be avoided.
26. When you order products from http://www.modellismofioroni.it, we collect your contact information and financial information for the express purpose of fulfilling orders. Your contact information is never shared with other companies who may want to contact our customers.
The data provided on registration are processed by Modellismo Fioroni srl S.a.s for the purposes and in the ways described hereinafter and at any rate in full accordance with the Legislative Decree no. 196/2003 (Personal Data Protection Code) and its following modifications.
Information and complaints
27. For all information or requests on the Conditions of Sale or the Products, the Client can contact Modellismo Fioroni srl S.a.s, Via Monti, 4 20080 Casarile (MI).
Governing Law and Jurisdiction
28. The present contract is governed by the Law of Italy.
In case of mismanagement or controversy between Modellismo Fioroni srl S.a.s and the Client, the parties may apply to an independent institutional service provided by the Chamber of National and International Arbitration of the Chamber of Commerce of Milan, to find a satisfactory agreement with the help of a neutral and competent peacemaker, in a friendly and safe manner. In case of a negative result of the attempt at reconciliation, the competent jurisdiction for any controversies between Modellismo Fioroni srl S.a.s and the Client will be the Judicial Authority of the place of residence of the end user, if within the national territory.
Information on the treatment of the personal data to the senses of the article 13 of the code in matter of protection of the personal data (D.Lgs 196/03)
provide you to the senses of the article 13 of the code in protection of the personal data (D.Lgs 196/03) matter, here below, the information concerning the treatment of your personal data which will be made by [Modellismo Fioroni srl S.a.s] for the grant of the requested services.
01. The data personal, supplied by you in adhesion phase to the services with [Modellismo Fioroni srl S.a.s] or subsequently picked up during the use of the services sames, will be treated for the communication aim and/or I contact by [Modellismo Fioroni srl S.a.s] with the signers of the service. The data provided by the user will be treated by [Modellismo Fioroni srl S.a.s] with the help of tools data processing, telecom and paper. The data contained in the data bank will not be communicated or spread to third but they will be able to be used by the delegates of the [Modellismo Fioroni srl S.a.s] offices ( between which recover credits, bind them, expensive customer ) deputized to the attainment of the above-mentioned aims. In observance of the normative dispositions in force, to the senses of the D.Lgs 196/03 and next modifications, the data concerning the telecom traffic ( data concerning the location and to connection to Internet -- c.d ). (log files) are preserved for six (6) months at the purposes of the invoicing or the pretension of the payment (in case of services to payment), as expected from the article 123 of the above-mentioned D.Lgs 196/03 and next modifications. The period starts from the due date of the invoice. The conferment of your data is compulsory for the attainment of the aims of which above; their missed, partial or incorrect conferment could have as consequence the impossibility to provide you the requested services.
02. Subject to your express assent and up to revocation of the itself one, your personal data, will be able to be directly treated or I cross third-also through one or more techniques of communication to distance ( e-mail, phone, automated call systems without the of operator or of fax intervention ) besides for the aims of which to the point 1) required of the information also for the aims not tight connected to the grant of the services, that is for.
a. possible engagement near the associated receptive structures;
b. I send, also through SMS, electronic mail and/or telephone channels, of material advertising, informative and commercial information;
c. direct and indirect sales and employment activities by different sale channels;
d. interactive commercial communications;
e. trackings of the degree of satisfaction of the customers on the quality of the provided services;
f. promotional initiatives on products and/or services;
g. studies and statistical researches of market.
The assent for the treatments and the aims of which to the present point 2) it is not compulsory; following a possible denial [Modellismo Fioroni srl S.a.s] they will treat your data for the only suitable aims to the previous point 1.
The treatments of which to the previous points 1 and 2 will be able to be executed using paper or data processing and/or telecom supports and however using mode and such procedures to guarantee the conformity to the current normative disposals in matter.
Inside [Modellismo Fioroni srl S.a.s] your personal data will be negotiated by the employees of the Expensive Customer Functions, commercial, marketings, invoicing and technologies. Dependent sayings, which work under the direct authority of the respective "person responsible for the treatment", are appointed states instructed of the treatment and received, on this respect, adequate operating instructions.
Holders of the treatment of his personal data are:
Modellismo Fioroni srl
presso la sede sita in via Monti, 4 20080 Caraile (MI)
Tel. (+39) 02 900 963 62
Fax (+39) 02 900 957 84
"straight article 7 of access to the personal data and other rights":
1. The interested has the right to obtain the confirmation of existence or less of personal data which concern him, even if he does not anchor register, and their communication in intelligible form.
2. The interested has the right to obtain the indication:
a. of the origin of the personal data;
b. some aims and mode of the treatment;
c. of the logic applied in case of treatment made with the help of electronic tools;
d. a few identity data of the holder, of the persons in charge and the representative appointed in the territory of the Been Italian, where foreseen;
e. some subjects or some categories of subjects to they can be bulletins such as the personal data or that can learn as representative appointed in the territory of the Italian State, of persons in charge or delegates.
3. The interested has the right to obtain:
a. the updating, the correction that is, when has you interest, the integration of the data;
b. the cancellation, the transformation in anonymous form or the block of the data negotiated in violation of law, included ones of which the conservation is not necessary in relation to the purposes for the such as the data crops or subsequently treaties were;
c. the statement than the operations of which to the previous letters to ) and b ) were informed, also as regards their content, of those to such as the data were communicated or spread, excepted the case in which such fulfilment reveals himself impossible or a position as means involves clearly disproportionate protected with respect to the right.
4. The interested has the right to resist in everything or partly:
a. for reasons legitimate to the treatment of the personal data which concern him, even if pertaining to the purpose of the collection;
b. "in the treatment of personal data which concern him to ends of dispatch of advertising material or of direct sale or for the fulfilment of market or communication searches trade them".
c. "the exercise of the rights of which can be directly exercised above or conferring, for registered, he delegates or obtains to physical people or associations".