Terms and conditions
TERMS AND CONDITIONS OF PURCHASE OF THE SITE www.frabsmagazines.com
(Updated on April 18, 2020)
Art. 1 - General provisions
1. The user navigating in this area accesses Frab's Magazines & More, accessible through the url: www.frabsmagazines.com (hereinafter referred to as "Frab's"). Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site indicated therein.
2. These General Conditions of Sale apply to the sale of products with exclusive reference to purchases made on the site in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree 70/03) by
Frab's by Dario Gaspari
Place of birth: Forlì
Date of birth: 23/06/1989
Residence: Via Gioacchino Rossini, 13 - 47121 - Forlì
Fiscal Code: GSPDRA89H23D704A
VAT number: 04454640402
3. The user is required, before accessing the products supplied by the site, to read these General Conditions of Sale which are generally and unequivocally accepted at the time of purchase.
4. The user is invited to download and print a copy of the purchase form and these General Conditions of Sale, the terms of which Frab's reserves the right to modify unilaterally and without notice.
5. It is possible to use the site and then access products supplied by it and purchase these in the following languages:
Art. 2 - Object
1. These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on Frab's and do not, however, govern the provision of services or the sale of products by parties other than seller who are present on the same site through links, banners or other hypertext links.
2. Before placing orders and purchasing products and services from different subjects, we suggest that you check their conditions of sale.
Art. 3 - Conclusion of the contract
1. To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relative instructions.
2. It contains the reference to the General Conditions of Sale, the images of each product and its price, the means of payment that can be used, the methods of delivery of the products purchased and the relative shipping and delivery costs, a reference the conditions for exercising the right of withdrawal; methods and times for returning the purchased products.
3. Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
4. The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.
5. The buyer will be obliged to pay the price from the moment the online order forwarding procedure is completed. This will be done by clicking on the "Complete Order" button at the end of the wizard.
6. Once the contract is concluded, the seller takes charge of the order for its fulfillment.
Art. 4 - Registered users and data entry by order
1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data in a correct and truthful manner.
2. The confirmation will in any case exempt Frab's from any responsibility regarding the data provided by the user. The user undertakes to promptly inform Frab's of any variation of his data at any time communicated.
3. If the user then communicates inaccurate or incomplete data or even if there is a dispute by the interested parties about the payments made, Frab's will have the right not to activate or suspend the service until the relative deficiencies are rectified.
4. On the occasion of the user's first request for activation of a profile, Frab's will assign the same username and password. The latter recognizes that these identifiers constitute the system for validating the user's access to the Services and one of the systems suitable for identifying the user that the acts performed through such access will be attributed to him and will have binding effect towards him.
5. The user undertakes to maintain the confidentiality of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.
6. Alternatively to the activation of the profile, the order can also be placed by simply entering data by the customer. The latter acknowledges that the data entered by him in the order phase constitute the validation system of the order executed by him, as well as are one of the systems suitable for identifying the user that the acts performed through this procedure will be attributed to him and they will have binding effect towards you.
7. Frab’s Magazines & More may suspend or prohibit the user, at any time, the right to access the functionality of the Site or to change the conditions under which this right is allowed. Without prejudice to the possibility for the Company to take action for compensation for damages suffered as a result of prejudicial conduct carried out by the User.
8. The User, upon registration or in any case placing the order, is required to provide Frab's data and information that is truthful, updated and complete.
Art. 5 - Availability of products
1. Product availability refers to actual availability at the time the buyer places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other customers before confirming the order.
2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be rectified with the elimination of the unavailable product and the buyer will be immediately informed via e-mail.
3. If the buyer requests the cancellation of the order by terminating the contract, Frab's will refund the amount paid within 30 days from the moment in which Frab's became aware of the buyer's decision to terminate the contract.
Art. 6 - Products offered
1. Frab's markets:
MAGAZINES SPECIALIZED IN VARIOUS
SECTORS OF INTEREST AND NOT SOLD IN NEWSSTANDS;
OBJECTS OF ART;
2. The offer is detailed on our website at the link: https://www.frabsmagazines.com/collections/shop
Art. 7 - Methods of payment and prices
1. The price of the products will be that indicated from time to time on the site, except where there is an obvious error.
2. In the event of an error, Frab's will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, Frab's will not be obliged to supply what is sold at the lower price incorrectly indicated.
3. The prices of the site include VAT and do not include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which an order confirmation has already been sent.
4. Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the instructions for the purchase, entering or verifying the information requested in each step of the process. Order details can be changed before payment.
5. Payment can be made by: Credit Cards (Visa, Mastercard, American Express), Paypal, Debit Cards, Prepaid Cards.
Art. 8 - Delivery
1. Frab's carries out shipments throughout the Italian territory and throughout the rest of the world, at the costs specified on the portal.
2. Frab's will make its deliveries both to the address provided by the user and to the collection points indicated at the time of purchase.
3. Delivery is generally made within 7 days in Italy from the time of shipment, or, if no delivery date is specified, within the estimated deadline when selecting the delivery method and, in any case, within the maximum deadline. thirty days from the date of confirmation.
4. If delivery is not possible, the order will be sent to the courier's depot. In this case, a notice will specify the place where the order is located and how to agree on a new delivery or collection at the warehouse.
5. If you are not able to be present at the delivery location at the agreed time, we ask you to contact us again to agree on a new delivery date.
6. If the delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we will assume that it is intended to terminate the contract.
7. As a result of the termination, the amounts will be returned, including delivery costs with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 30 days from date of termination of the contract. The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.
8. The shipping costs to be paid by the buyer are explicitly highlighted at the time the order is placed.
9. The Seller assumes no responsibility for any delays or damage to the goods occurring during the period in which this is in the hands of the courier.
Art. 9 - Transfer of risk
1. The risks related to the products will pass to the buyer from the moment of delivery. The ownership of the products is considered acquired as soon as full payment of all amounts due in relation to the same, including shipping costs, is received, or at the time of delivery, if this occurs at a later time.
2. The Seller assumes no responsibility for any delays or damage to the goods occurring during the period in which this is in the hands of the courier.
Art. 10 - Commercial compliance
1. The seller is responsible for any defect in the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.
2. In the event of non-compliance, the purchaser who has entered into the contract as a consumer will be entitled to obtain the restoration of the conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract relating to the disputed goods and the consequent return of the price.
4. All return costs for defective products will be borne by the seller.
Art. 11 - Withdrawal
1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
2. In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day term starts from the date of receipt of the last product.
3. The user who intends to exercise the right of withdrawal from the purchase can send an email, indicating the order number and name of the user, to: email@example.com
4. The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014. obligatory.
5. The goods can be returned via courier with tracking by sending the goods to Frab's di Dario Gaspari - Via Gioacchino Rossini, 13 - 47121 - Forlì.
6. The goods must be returned intact, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to the withdrawal within a maximum period of 14 days.
7. As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the site may suspend the refund until the goods are received or until the buyer demonstrates that he has returned the goods.
8. The right of withdrawal will not apply in the event that Frab's services and products are included in the categories of art. 59 of Legislative Decree 206/2005.
9. The site will reimburse using the same payment method chosen by the buyer during the purchase.
10. Shipping costs associated with exercising the right of withdrawal are charged to the user; The seller reserves the right to evaluate the cases in which it is appropriate to exempt the User from such expenses (seriously damaged goods or significant anomalies in order fulfillment).
Art. 12 - Data processing
1. By using the site, the user authorizes the processing of his personal data. This information is also valid for the purposes of Article 13 of EU Regulation no. 2016/679, concerning the protection of individuals with regard to the processing of personal data as well as the free circulation of such data.
2. The data controller is Dario Gaspari.
3. The data processor is the same owner Dario Gaspari.
4. The data will be processed at Via Gioacchino Rossini, 13 - 47121 - Forlì.
5. The data processing takes place exclusively electronically, using IT tools and supports designed to ensure the security and confidentiality of the data. The stored information is protected from unauthorized access.
6. We proceed to the processing of the data provided by users in relation to purchase orders, payments (which may contain name, address, contact details), IP address, all other data communicated.
7. The purpose of the use of such data is the execution of the purchase order and payments, the communication of the data to third party providers of payment and shipping services as well as contacts of an informative nature about the activities and services of the site, commercial offers from affiliated companies and commercial partners.
8. The provision of data and consent to processing for the purposes referred to in the contract or the fulfillment of the order and the relative payment is necessary for the conclusion itself as well as for the execution of the contract therefore the refusal to provide such data to give consent to the relative treatment results in the impossibility for the user to purchase the products and services offered.
9. The provision of data and consent to the processing for the purposes of commercial communications is optional. However, any refusal to provide such data or to give consent to its processing may result in the impossibility for the user to receive such additional services.
10. The user is always entitled to have his data updated, rectified or integrated, to the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept in relation to purposes for which the data were collected or subsequently processed, the attestation that the operations have been brought to the attention, also as regards their content, of those to whom the data were communicated or disseminated, except in the case in which this fulfillment proves impossible or involves a manifestly disproportionate use of means with respect to the protected right.
11. The user has the right to object, in whole or in part, to the processing of personal data concerning him for legitimate reasons, even if pertinent to the purpose of the collection and processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
12. The user can also revoke the consent to the processing of their data previously given to Frab's at any time.
13. All rights provided for by EU Regulation 2016/679 can be exercised by the user by writing to the following email: firstname.lastname@example.org
14. At the first visit, the user will view the site in Italian or can translate it using a special tool in English or foreign. To this end, the user authorizes the use of the so-called identification codes. cookies, i.e. small files sent by your internet server and recorded on the hard disk of the user's computer.
15. The hard drive collects information on the user's language preference and stores the pages of the site visited. Cookies are used to prevent the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the user's browser type.
Art. 13 - Safeguard clause
1. In the event that one of the clauses of these General Conditions of Sale is null for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these General Conditions of Sale.
Art. 14 - Contacts
1. Any request for information can be sent by email to the following address email@example.com, by telephone to the following telephone number: +39 3291052791, and by post to the following address:
Via Gioacchino Rossini, 13
47121 - Forlì
Art. 15 - Applicable law and competent court
1. These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing imperative rule of the buyer's country of habitual residence. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law.
2. Any disputes inherent and / or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the purchaser holds the status of Consumer, any disputes must be resolved by the court of Forlì.
These conditions were drawn up on 18/04/2020.