TERMS AND CONDITIONS
Introduction
Acceptance of the conditions of sale
2. I Fasano S.r.l. unipersonale will communicate to the customer the confirmation of his order, or, if nothing is communicated, it will be a tacit confirmation. I Fasano S.r.l. unipersonale reserves the right not to process orders received from customers who are not end-users, as well as any order which does not comply with the commercial policy. In particular, I Fasano S.r.l. unipersonale will not accept orders:
- sent by a trader who is buying goods for resale and/or
- if the customer cannot or will not pay using one of the credit cards indicated in this website or if the issuer of the credit card does not confirm the payment.
3. The customer should read and accept the GENERAL CONDITIONS OF SALE before sending his order.
4. The customer should print and conserve all phases of purchase, so he has a confirmation of the process for future reference, as required in clauses 3 and 4 of the Italian Legislative Decree 185/1999 and by clause 12, subsection 3 of the Italian Legislative decree 70/03.
5. I Fasano Srl Unipersonale reserves the possibility not to confirm an order for any related reason, in particular for an irregularity regarding the order received or the supply of the products it includes.
A right of the customer to any kind of damages or compensation is excluded, as well as any contractual or non contractual responsibility for direct or indirect damages to persons/things caused by non acceptance, even in part, of an order.
Placing an order
2. The receipt of order will be confirmed by I Fasano S.r.l. unipersonale by email to the email address indicated by the customer during registration. This message will indicate date and hour of receipt of the order and a 'Customer Order Number', which can be used for all further communication with MyAreaDesign. The email reports all the data inserted by the customer, who will verify its correctness and if need be, communicate any corrections or changes promptly in the way explained in this document. The customer will be able to verify the state of his/her order by accessing his/her personal area by clicking on "My Account". It is absolutely forbidden during registration to insert false or unreal data necessary for the conclusion of the contract and for further relative communication. Personal data and email address must be exclusively the customer's own data and nobody else's. The customer is responsible for any consequence connected to the wrong insertion of data and absolves I Fasano S.r.l. unipersonale from any responsibility connected to the emission of inaccurate fiscal documents derived from these errors.
3. In the case of non-acceptance of an order, I Fasano S.r.l. unipersonale will communicate this as soon as possible to the customer.
4. All prices stated on the website are retail prices, thus including VAT. I Fasano S.r.l. unipersonale reserves the right to modify prices at any time without notice. The customer will verify the final price before sending the order.
5. On the website https://www.myareadesign.com there are both products shown as "available" which can be dispatched immediately (only working days), as well as products shown as "Can be ordered", which I Fasano S.r.l. unipersonale will order from the manufacturer and dispatch according the manufacturer's delivery schedule. The order dispatch is notified by email to the email address provided during registration.
Modes of payment
If you pay by bank transfer, the order is confirmed only after receipt of payment on I Fasano S.r.l. unipersonale'S account. This must happen within 7 working days after sending the order. After this period, the order will be automatically cancelled. The payment reference in the transfer must include the order number communicated in the confirmation email. Bank details for the transfer are as follows:
Accountholder: I FASANO SRL UNIPERSONALE
Bank: Banca Sella S.p.A Branch of Putignano (BA)
IBAN: IT70C0326841630052916843870
BIC/SWIFT: SELBIT2BXXX
We recommend sending a copy of the bank transaction by fax to the number +39 080.594.00.72 or by e-mail to info@myareadesign.com stating the order number and your first name and surname.
2. Credit card.
If you choose payment by credit card, with the conclusion of the online transaction, the corresponding bank authorises only the sum connected to your purchase. Following credit cards are accepted: Visa and MasterCard. In case of cancellation of the order, either by the customer or by I Fasano S.r.l. unipersonale, the latter will at the same time organise the cancellation of payment and/or the refund of the total amount. Cancellation of order is possible until the item is in preparation for delivery in our stock. Waiting periods for a refund depend entirely on bank systems and could reach 24 days after the authorisation date. After requesting the cancellation, I Fasano S.r.l. unipersonale will never be responsible for direct or indirect damages caused by the delay of refund of the amount by the bank system. I Fasano S.r.l. unipersonale reserves the right to ask the customer for further information (e.g. a landline phone number) or documents which prove the legal ownership of credit card used. If these documents are not produced, I Fasano S.r.l. unipersonale reserves the right not to accept the order. During the purchase, I Fasano S.r.l. unipersonale will never have access to information about the credit card of the buyer, because it is directly digitalised on the website of the bank which is managing the transaction. As data is not sent, there is no possibility that it could be intercepted. My AreaDesign do not have any database that contains or conserves such data. I Fasano S.r.l. unipersonale takes no responsibility for fraudulent and illegal use of credit cards by third parties for payment of goods on www.myareadesign.com.
3. PayPal.
When paying with PayPal, the customer is redirected after ordering to the login page of PayPal. The amount connected to the order is charged to the PayPal account. For further information, you can see terms of use of the PayPal system following this link
If the order must be cancelled, either by the customer or by I Fasano S.r.l. unipersonale, the amount will be refunded on the customer's PayPal account. Order cancellation is possible until the item is in preparation for delivery in our stock. After the cancellation request, I Fasano S.r.l. unipersonale will not be responsible for any direct or indirect damages caused by the retarded refund of the amount debited by PayPal. MyAreaDesign is unable to access any financial information at any moment of the transaction. This data is not sent to third parties or to I Fasano S.r.l. unipersonale. The customer's financial data will in no way be handled or stored by MyAreaDesign. For every transaction with PayPal, the customer will receive an email confirmation from PayPal.
4. Scalapay.
If you choose to pay by Scalapay, it is possible to pay in 3 monthly instalments having the same amount* without interests by using Visa, MasterCard or AmericanExpress credit cards, debit cards and prepaid cards. You will be asked to make a Scalapay account, the registration is fast and free. You will be charged the first instalment when placing the order and the other two on a monthly basis. If you buy by Scalapay, you will receive your order soon and you will pay in 3 instalments. You will realize that the instalments have been given to Incremento SPV S.r.l., to related subjects and their assignees, and you authorise this assignment. This method of payment is not available to all the products in the catalogue, it is available until a maximum value of 1.500,00 € (VAT and transport charges included) for all private customers from Italy, France, Belgium, Spain, Germany, Austria, Portugal, Finland and Holland. *Scalapay reserves the right to refuse the instalment payment request and the possibility of charging an amount that is higher of one third of the total on the first debit if the exposure has been exceeded or if there are other limits on the card used, by keeping the total unchanged.
Security of transactions
Modality of shipping
Every possible type of external damage or every abnormal noise MUST be immediately contested to the courier who is delivering, by writing the phrase "accepted as goods unchecked" and specifying the exact reason on the delivery note and further confirmed to the courier within 8 days by registered mail with return receipt to the address reported on the delivery note. Especially when the packaging is damaged you must write "accepted unchecked because packaging is damaged". Furthermore, it is necessary to open an anomaly procedure on the website of www.myareadesign.com, within 3 days of the delivery of goods by sending an email with photos and a declaration of what happened to the email address info@myareadesign.com.
After signing the courier document, the customer will not be able to later contest the external characteristics of the delivered packaging. Even with an intact packaging, the goods have to be verified within 7 days after receipt. Possible damage or hidden anomalies must be communicated by registered mail to the courier to the address reported on the delivery document. Furthermore, it is necessary to open an anomaly procedure on the website of www.myareadesign.com, within 3 days of delivery of goods, sending an email with photos and a declaration of what happened to the email address info@myareadesign.com.
Please do not throw the packing material and keep it at disposal while waiting for our precise indications and, in case of transport damage, you will send us also the pictures of the cartons (all sides), of all the labels as well as of that including the bar code of the transporter. If the product needs to be assembled, it is strictly necessary not to do that, any defects/damages need to be reported when assembled has not been made yet.
Every advice regarding non insured purchases (at the purchase), besides the above-mentioned terms, will not be considered. The customer takes full responsibility for any declaration he/she makes.
For the orders shipped to Switzerland, United Kingdom or to any country outside the European Union, the goods are delivered DAP. This means that shipping charges are included but the customer is responsible for customs duties and any local taxes that he will be asked to be paid directly by the forwarder.
In case of purchase of goods destined to be exported out from the European Union (within 90 days from the delivery on the European territory), it is necessary it to be confirmed when placing the order by specifying any detail concerning the final destination of the goods.
Delivery by express delivery
Standard delivery will be in the following hours: from 9.00 to 13.00; and from 14.00 to 18.00, working days from Monday to Friday. The courier delivers a first time without notice. If the customer is absent, the courier leaves a note and attempts delivery within the next 24 hours. In case of further absence, a new note will be left and the customer will be contacted by the courier for the third attempt. If this attempt is also unsuccessful, MyAreaDesign customer service will contact you to arrange details for delivery, possibly adding costs for warehousing. If even the fourth attempt is not successful, the goods will be returned to I Fasano S.r.l. unipersonale with the consequent cancellation of the order. The customer will be refunded the purchase price minus all costs incurred (transport, warehousing, transfer, administration fee.)
Delivery by furniture specialized transporter
If the goods are not suitable for shipping by express courier (very delicate items or those needing to be moved in a proper way because of their size and weight such as tables, sofas, armchairs, marble or glass items, beds, outdoor beds, large kitchen hoods and so on), MyAreaDesign delivers the goods by a furniture specialized transporter that delivers more slowly but is able to complete deliveries by avoiding any damage or to move parcels properly. In this case the couriers cannot be considered as fast express couriers. Actually, transit time can be until 3 weeks and it is not possible to give a track number. However, delivery is done after a telephone notice and always only on the street level (outside) on truck tail lift, except in case of different agreements. Therefore, when an in-house or on the floor delivery is required, it is necessary to ask for a tailored quotation.
Times for shipping and delivery
1. Times for dispatch
With "times of dispatch" is meant the time between the receipt of the order and the entrustment of the goods to the courier. Every order for products in stock confirmed within 11.00 a.m. of a working day will be dispatched the next working day. For articles not in stock, delivery varies from 2 to 6 weeks after accepting the order depending on the manufacturer. For further information, please contact our customer care which is always at your disposal.
2. Times for delivery (national)
Delivery with express delivery from the handover of goods to the courier (pick up from our logistical centre) is guaranteed in 48/72 hours except for islands or areas difficult to access.
3. Times for delivery (international)
Times for delivery in Europe are about 4/5 working days from the handover of goods to the courier (pick up from our logistical centre).
Right of withdrawal
1. According to art 64 and following the Italian Legislative decree 206/2005, customers as end users (a person buying goods for non professional aims, so without a VAT number registered in MyAreaDesign) have the right to withdraw from the purchase contract for any reason within 14 days without any penalty, subject to what is stated in point 3 below.
2. To exercise this right, the customer will notify his intention to revoke the contract by sending an email to the address info@myareadesign.com in which it is necessary to indicate the bank information for the refund of the paid amount (if the payment has been made by PayPal or Credit Card, you will be refunded directly, minus the shipping cost.) In addition, the revocation must be sent by registered mail with return receipt within 14 working days after receiving the goods to:
I Fasano S.r.l. unipersonale,
Via Alcide de Gasperi, 58
70015 Noci (BA)
Italy
After receiving the registered mail, I Fasano S.r.l. unipersonale will send by mail to the customer the file for exercising the right of revocation with authorisation number which must be attached to the packaging of the product to be returned to I Fasano S.r.l. unipersonale. The return must be effected within 10 working days after authorisation.
3. The right of revocation is subject to the following binding conditions: the right is applicable to the complete product bought. It is not possible to revoke only parts of bought products (accessories, optionals, detached parts); goods must be intact and returned in the original packaging, complete with all parts (with documents and other equipment: receipt, handbook, cables, etc.). In order to limit damage to the original packaging, is it recommended to insert it into another box, onto which the RMA number (authorisation return code) issued by I Fasano S.r.l. unipersonale will be attached. In any case, it is better to avoid attaching any kind of labels or scotch-tape to the original packaging. Goods for which the right of revocation is exercised must be returned in the condition they were delivered, therefore handled with care. Products with signs of damage or dirt, that is to say not in perfect condition, will not be accepted. Returned goods must bear no other serial number than the one in the bill. I Fasano S.r.l. unipersonale will not accept the return if the serial number is different from the one in the bill and the product(s) will be put at the disposal of the customer for its return, annulling at the same time the revocation request. Shipping costs for the return are at the expense of customer and he bears all responsibility for the transport up to confirmation of receipt in our store. If the goods are damaged during transport, I Fasano S.r.l. unipersonale will communicate this to customer within 5 days after receiving the goods in store, to permit him to press charges on the courier chosen and obtain the refund for the value of the goods (if insured); in this case, the products will be put at the disposal of the customer for their return, annulling at the same time the revocation request; I Fasano S.r.l. unipersonale cannot be held responsible for damages or theft/loss for non insured shipping of goods.
4. I Fasano S.r.l. unipersonale will refund to the customer the total amount in the shortest possible time, and in any case, within 30 days after receiving communication of revocation or receipt of the goods submitted to the right of revocation through transfer charged to the credit card, PayPal or by bank transfer to an account. In the latter case, the customer must promptly provide bank details for the refund (IBAN code -account of bill holder).
5. The right of revocation does not apply in the case of a total deterioration in the condition of the goods (packaging and/or its content); in the case of the lack of external packaging and/or the original internal packing; the absence of integral elements of the product (accessories, cables, manuals, parts etc.); or abnormalities of the product itself; likewise, damage to the product caused by transport or a soiled state due to its use and which compromises its integrity.
6. The costs and risks for transport are entirely at the expense of the customer. The return of goods that are incomplete or in a deteriorated state or without accessories or original features will not be accepted by I Fasano S.r.l. unipersonale and will be returned to sender with the additional shipping costs. In the case of the relinquishment of the right of revocation, I Fasano S.r.l. unipersonale will return the goods to the sender, debiting the latter the cost for shipping.
7. If the request for the application of the right of withdrawal or cancellation of the order arrives when the goods have already been shipped, it will not be possible to accept it until goods are delivered. If the recipient refuses the delivery, well established that all the above points are respected, the amount of the refund will be net of return charges, exactly as established by this regulation when applied correctly.
8. If when the goods return to our warehouse, the shipper asks for the payment of any customs duties or any other taxes, these charges will be fully deducted from the amount to refund or from the credit generated from the retour.
9. In accordance with the art. 59 of the law decree 6/9/2005 n. 206, Code of Consumption, the right of revocation for sales at a distance (possibility of return or refund within 14 days from the delivery) is excluded for tailored made or customized goods (e.g.: armchair made with a specific fabric specifically for the order placed).
If the item has not been shipped yet but the production has been started specifically for the order placed, it will be possible to exercise the right to withdrawal or cancellation exclusively if the supplier still gives the possibility of stopping production.
10. From February, 15th 2016, a new platform managed by the European Commission is active, the ODR (Online Dispute Resolution), in order to allow to citizens of European community to solve without judicial way the disputes concerning online contracts or online sales of goods and services. To make a complaint you can connect to the following website: www.ec.europa.eu/consumers/odr
Guarantee
2. The manufacturer's conventional guarantee is provided according to the modality described in the documentation included in the packaging. If, after the intervention of an authorised Customer Service Centre, the defect results as not covered by the manufacturer's guarantee, the customer will bear the possible costs of checking the product and/or repair by the Service Centre, as well as any shipping costs should these have been paid by I Fasano S.r.l. unipersonale.
3. The guarantee of 24 months according to D.Lgs n. 24/02 applies to a product which presents an apparent defect, even though the product has been used correctly with respect to its destined use as stipulated in the enclosed technical specification. Such a guarantee, in accordance with Dlgs. N. 24/92, is reserved solely for end-users (persons who buy the product for private, non-professional use, or have not indicated a VAT number on the purchase order form.) In the case of a defect, I Fasano S.r.l. unipersonale will, at no cost to the customer, provide for the correction of the fault, either by repair or replacement of the product, or if neither of these is possible, a price reduction or even the cancellation of the contract. If, following the intervention of an authorised Service Centre, no fault in accordance with DLgs n. 24/02 is evident, the customer will be charged for any possible costs of examination and/or repair by the authorised Service Centre., as well as any transport costs carried by I Fasano S.r.l. unipersonale.
4. A replacement in the case of DOA (Dead On Arrival: a product which does not function on first operation), subject to the fulfilment of the conditions for the application of Leg. Decree no. 24/02, will be made only if expressly provided for by the manufacturer. The time taken for the replacement or repair of a product depends entirely on the manufacturer.
5. In the event that, for whatever reason, I Fasano S.r.l. unipersonale is not able to replace a product under guarantee (repaired or replaced), they will be able to proceed, without prior consent from the customer, with the substitution with another product with the same features and of equal value, or otherwise, the issue of a voucher to the value of the purchase price to be spent on another product valid for 6 months from the date of issue.
6. No damages can be claimed from I Fasano S.r.l. unipersonale for any possible delay in the execution of the repair or replacement of a product under guarantee.
7. In cases in which the application of the guarantee foresee the return of the product, the product must be returned by the customer in its original packaging complete in all its parts (including packing materials. documentation, accessories, manuals, cables etc.) and in order to limit damage to the original packaging, it is recommended, wherever possible, to insert it in a second box; in any case the attachment of labels or tape to the original packaging should be avoided.
Privacy Policy
The personal information requested when placing an order is collected by I Fasano S.r.l. unipersonale and processed by encrypted data transmission, in order to meet the obligations arising from the contract with the customer, and will under no circumstances be released to third parties. I Fasano S.r.l. unipersonale guarantees its customers the respect of the rules concerning the processing of personal data covered by the privacy code under DL no. 196 of 30.06.03. Owner of the processed data is I Fasano S.r.l. unipersonale, Via Alcide di Gasperi, 58, 70015 Noci (BA) Italy, in the person of its acting legal representative, unless an officer has been appointed in accordance with art. 29 of LD no. 196/2003. The customer has at all times the right to revoke consent to the processing of his/her personal data by communicating this demand in writing to the registered office of I Fasano S.r.l. unipersonale. The customer, after confirming the receipt of the information on privacy according to art. 13, and on his rights according to art. 7 of the LD no. 196/2003, has the right to access his/personal data in the manner indicated therein. Marketing communications will be sent to the customer only if he/she grants explicit consent at the time of authorising the processing and transmission of the online order form.
Jurisdiction and Applicable Law
Final provisions
