TERMS CONDITIONS

TERMS CONDITIONS

Introduction

The distance selling of “FORTELA” brand products through the www.fortela.it website (hereafter referred to as the “Website”) is governed by the following General Terms of Sale (hereinafter referred to as the “General Terms”). Products offered on the Site are sold directly by ATOMO srl. (hereinafter referred to as “ATOMO”). ATOMO srl is a company incorporated under the Italian law, with registered office at Via L. Giuntini, 8 – 50053 Empoli (FI) – Italy, VAT and registration number at the Florence Company Register 06595640480, Economic and Administrative Index no. FI-641016.In order to meet the needs and expectations of its customers, ATOMO srl has decided to create, alongside its network of direct and exclusive points of sale, a network for distance selling of some of its products through its Website, offering a selection of certain categories of “FORTELA” products. The list of “FORTELA” products offered for distance selling can be found on our Website.

The use of the distance selling service described in these General Terms of Sale is restricted exclusively to consumers (hereinafter referred to as the “Customers” ) understood as natural persons who act for purposes not related to their trade, business, craft or any professional activity they perform, who are aged over 18 (or, if a minor, authorised by their legal representative).

Products offered for sale on the Website can be made anywhere in the world.

The languages used for concluding sale agreements through this Website are: Italian and English.

Any resale, rental or transfer of products purchased from the Website for any whatsoever commercial or professional purpose is expressly prohibited.

These General Terms of Sale are published on the Website for the information of the Customer and to enable their storage and reproduction by the Customer pursuant to art. 12, paragraph 3, of Legislative Decree No. 70 of 9 April 2003 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market), and following additions and amendments.

ATOMO srl may amend and/or make additions to these General Terms of Sale at any time. Customers are therefore required to accept only the General Terms of Sale in force at the time of purchase. Any changes and/or additions will be effective exclusively with respect to the purchase orders made following the date of the amendment and/or addition. The elimination of these General Terms of Sale from the www.fortela.it website shall imply their automatic and irrevocable unenforceability and ineffectiveness against ATOMO srl in relation to the purchases made following their elimination from the Website, even in the event that said General Terms of Sale were still available and/or accessible to the public through other websites.

Purchase procedure

Each product offered for sale on the Website can be viewed using a special link to photographic images of the article together with the unit price, colours and different sizes (where relevant). Information regarding “FORTELA” products offered for sale through the Service is provided in accordance with applicable legislation, in particular Articles 49 and 51 of Legislative Decree No. 206 of 6 September 2005, as amended by Legislative Decree No. 21 of 21 February 2014 (hereinafter referred to as “Consumer Code”).

Each sale concluded by ATOMO srl through the online distance selling service (the “Service”) can involve one or more products, up to a maximum of 4 units of each article, except if otherwise provided for during the different steps of the purchase procedure for single items. ATOMO srl reserves the right to amend, at any time, limits on the amount and/or type of products that may be purchased through the Service.

Customers may choose the articles of interest to them. A description of products for sale, including the measures or sizes (where relevant), together with one or more photographic images in digital format providing a true representation of products available on the Website, shall be included in the Customer’s shopping cart.

While ATOMO srl is constantly adopting measures to ensure that photographs displayed on the Website are faithful reproductions of original products, including the adoption of every technological solution possible to minimise inaccuracies, some variations are always possible due to the technical characteristics of the colour resolution of the computer used by the Customer. Accordingly, ATOMO srl shall not be liable for any inadequacy of the graphic representations of “FORTELA” products displayed on the Website if arising from such technical limitations.

To view selected items and the total price of the purchase order (hereinafter referred to as “the Order”), click on the icon in the shopping cart. Prior to confirming the Order, Customers are required to verify the accuracy of the contents of their shopping cart, complete the purchase form according to the instructions on the corresponding page of the Website and confirm that they have read and accepted these General Terms.

The purchase procedure is completed when the Customer selects the “proceed” option (hereinafter referred to as “Order Confirmation”). The purchase procedure must be fully completed, otherwise the content of the shopping cart will be cancelled at the end of each shopping session.

Customers must follow the instructions contained in the Website if they need to make any changes (for example to an indicated article or to the number of articles) or to correct any errors in their Order.

Following Order Confirmation, the Order shall be sent directly to ATOMO srl. The Order shall be filed in the ATOMO srl order management system held by its own service provider. Customers may check the status of their Order as provided in Article 6.7 below. Without prejudice to any uses of data for purposes other than the purchase as described in the privacy policy statement published on the Website and subject to the prior express consent of the Customer, the purchase order form and Customer data concerning said Order shall be kept by ATOMO srl for the period provided for by applicable legislation.

On conclusion of the purchasing procedure, it is recommended that Customers download, save or print the General Terms in force at the time the Order is placed. As provided at Article 51 of the Italian Consumer Code, Customers shall also receive an email message (hereinafter the “Confirmation E-mail”) at the address indicated on the purchase form containing confirmation of the conditions of the purchase, , such as: written confirmation of the product ordered, together with an indication of its principal characteristics, data on ATOMO srl as specified in Article 12 of these General Terms, the total price of the product, the methods of payment or any amount already paid by the Customer, the existence of a right of withdrawal and relevant methods of exercising the right, the geographical address for any complaints, information on support services, the date by which ATOMO srl undertakes to deliver the ordered product, the existence of a legal guarantee of conformity of the products and the cost of use of the Website where such cost is to be calculated on a basis other than the base rate.

ATOMO srl reserves the right to reject Orders placed by a Client with whom litigation is pending in relation to a previous Order, in which case no Order must be understood as accepted by ATOMO srl and no contract must be understood as being concluded between ATOMO srl and the Customer. ATOMO srl also reserves the right to refuse to accept orders placed by Customers deemed unsuitable, including, by way of example, Customers having committed breaches to the general terms of sale during previous purchases of products from the Website, or Customers that intend to purchase the products for purposes related to their own or others’ business or professional activities, or fail to operate on the basis of an actual and genuine interest in the purchase of the products ordered, or exercise the right of withdrawal established in paragraph 8 hereunder in an abusive manner, or for any other legitimate reason, particularly if the Customer has been involved in fraudulent activities of any kind. In such cases, the Order sent by the Customer shall be understood as void and without effect. ATOMO srl shall transmit to the Customer, by email, a communication indicating its non-acceptance of the Order and the non-conclusion of the contract, and shall ensure that any debit and/or sum charged to the Customer is cancelled. ATOMO srl shall inform the Customer of any inability to accept the Orders received within 30 days of the date of actual receipt of the order and shall refund any sums already charged to the Customer.

Product availability

The Customer acknowledges that stocks of the products offered by ATOMO srl through the Service are limited. The Customer is therefore aware that all the products described on this Website are subject to availability at all times.

Problems may occasionally occur with regard to the availability of certain products. In such circumstances, ATOMO srl shall promptly notify the Customer by email or phone (in all cases within the delivery deadline indicated hereunder), offering the Customer the option of buying an article of the same kind as the unavailable item or cancelling the Order. Customers who choose to cancel the Order shall not be charged with any amount. If the charge has already been made, the Customer shall be promptly refunded.

ATOMO srl reserves the right to alter articles on sale through the Website at any time without notice.

Conclusion of the contract

Following Order Confirmation, the Order is sent to ATOMO srl to be shipped and may no longer be modified or cancelled, except in the cases expressly provided for in these General Terms or where provided for by applicable Italian legislation. An order sent by the Customer shall be processed by ATOMO srl only if the entire purchase procedure has been duly and correctly completed without any error message from the Website.

The contract between ATOMO srl and the Customer is understood as concluded at the moment the Customer receives a Confirmation e-mail from ATOMO srl informing him that the Order, sent in accordance with the purchase procedure, has been successful.

The Order Confirmation is proof of acceptance by the Customer of the provisions of these General Terms.

Data recorded on the Website constitutes full proof of the details of transactions between ATOMO srl and the Customer. In the event of a dispute between ATOMO srl and the Customer in relation to a transaction concluded through the Website, the data recorded by ATOMO srl shall serve as full proof of the transaction.

Price and Method of Payment

The prices of all products on sale through the Website are inclusive of VAT.

Prices shall be indicated in Euro (EUR) for shipments to Italy, France, Germany, Spain, Holland, Sweden, Greece, Belgium, Austria, Denmark, Portugal, Finland, Ireland, Luxembourg and Monaco. Shipments to the United Kingdom shall be indicated in Pounds Sterling (GBP) and shipments to Switzerland shall be indicated in Swiss Francs (CHF).

The total amount shown during the purchase process includes shipping costs as specified below and indicated in the shopping cart.

ATOMO srl reserves the right to change the prices of products on sale through the Website at any time and without notice. The Customer shall be charged the prices published on the Website at the time the Customer confirms the order, provided that the products ordered are in stock at the time the order is placed.

ATOMO srl accepts credit card or PayPal payments only. Credit cards accepted are those specified on the Website.

For the purpose of credit card payments, the Customers confirms and warrants that he or she is the holder of the credit card used for the purchase and that his or her name is that indicated on the credit card. The Customer then provides the credit card number, the expiry date and the security code indicated on the credit card. Transactions shall be charged to the Customer only after:
(i) the credit card details have been verified,
(ii) authorisation to debit has been received from the credit card company that issued the credit card used by the Customer, and
(iii) ATOMO srl has confirmed the availability of the product and the Order is ready to be shipped. No debit shall be made at the moment the Order is transmitted, except for any debit necessary to ascertain the validity of the credit card.

For the purpose of payment by PayPal, the Customer confirms and warrants that he or she is the holder of the PayPal account used for the purchase. Transactions shall be charged to the Customer only after he or she has received the Confirmation E-mail from ATOMO srl.

In the event that, for any reason, it is impossible to debit amounts due from the Customer, the sale process shall be automatically annulled and the sale automatically cancelled.

Purchased products are dispatched only following verification by ATOMO srl of the details of the credit card used by the Customer with the relevant bank and receipt of authorisation to debit the card, or following notification of transaction success in case of PayPal payment.

If one or more of the products are not available, only the price and shipping costs corresponding to available products shall be debited.

Consignment

Products shall be shipped to the address indicated during the Order placement procedure and upon delivery shall require the signature of the Customer, or their legal representative in cases where the Customer is a minor aged under 18.

For safety reasons ATOMO srl shall not dispatch any Order addressed to a post office box or accept any Order in which it is impossible to identify the natural person who is the consignee of the Order or his address.

Products sold through the Website can be purchased and delivered around the world (Article 1.3). Therefore, any Orders for shipments to destinations other than the indicated countries shall be automatically rejected during the Order placement procedure.

Shipping costs which will be charged to the customer are expressly indicated, separately from any other costs or charges, on conclusion of the Order placement procedure prior to Order Confirmation by the Customer. Pursuant to Article 65 of the Italian Consumer Code, ATOMO srl shall expressly seek the Customer’s consent for any payment in addition to the total remuneration for the main contractual obligation.

In accordance with the provisions of Article 61 of the Italian Consumer Code, ATOMO srl shall consign the purchased products, except in cases of force majeure or fortuitous events, within and not later than 30 days of the date of conclusion of the contract or within another term as may be agreed with the Customer, unless ATOMO srl communicates, within the same term, its non-acceptance of the Order or the impossibility of consigning the ordered products as a result of the supervening unavailability, including temporary unavailability, of the products. In the latter case ATOMO srl shall refund any sums already paid by the Customer. In the event that ATOMO srl fails to fulfil its obligation to consign the products ordered within the aforementioned term or within any different that may be agreed, the Customer may invite ATOMO srl to make the delivery within a further term appropriate to the circumstances, except where one of the Customer’s exemptions from this obligation apply, as provided at Article 61, paragraph 4, of the Italian Consumer Code. This provision applies without prejudice to the Customer’s right to immediately terminate the contract and to seek compensation for damages if the ordered product is not delivered within any additional period indicated.

In order to expedite the dispatch of ordered products, ATOMO srl reserves the right to divide an Order into multiple shipments according to the availability of particular items. In this case ATOMO srl shall notify the customer by email or by phone and the price shall be charged separately for the products actually shipped only. Shipping costs shall in all cases be invoiced in full as dispatched in a single shipment.

The moment that the purchased products leave the ATOMO srl warehouse, the Customer will receive an email notification at the address indicated on the purchase form. The email shall contain a tracking code and an exclusive link enabling real time monitoring of the shipment. ATOMO srl Customer Service shall provide assistance with any problem concerning delivery. Customers may contact ATOMO srl Customer Service by email at the address:info@atomoitalia.it. In accordance with Article 63 of the Italian Consumer Code, the Customer assumes the risk of loss or damage to ordered products that is not attributable to ATOMO srl only from the moment that the Customer or a third party designated by him other than the carrier physically takes possession of the products. It is understood that the risk is transferred to the Customer at the moment of delivery of the ordered products to the carrier, if the latter has been chosen by the Customer and this choice has not been proposed by ATOMO srl, without prejudice to the Customer’s rights vis-à-vis the carrier.

In the event, on the other hand, that any loss or damage to the product is attributable to ATOMO srl, the latter shall, in accordance with applicable legislation, replace the product free of charge on the express request of the Customer, which must be sent to the email address indicated above.

Conformity of ordered goods

Customers are required to check the goods on delivery to ensure that they correspond to items ordered and that they do not have any production or other defects. The sale of “FORTELA” products is also subject to the legal guarantees established by Italian law, in particular those provided and governed by Articles 129, 130 and 132 of the Italian Consumer Code, in addition to any further manufacturer’s warranty provided to the Customer.

In the event of production or conformity defects, the Customer is entitled to have the product restored to its original state by repair or replacement, except where the remedy requested is objectively impossible or unduly burdensome compared to another remedy. In the event of the occurrence of one of the cases provided for at article 130, paragraph 7, of the Italian Consumer Code, the Customer may request a reasonable reduction in the price or cancellation of the contract. It is understood that the Consumer shall forfeit these rights if he or she fails to notify ATOMO srl of the non-conformity of the product within 2 (two) months of the date on which the Customer discovered the defect. Actions intended to assert defects not maliciously concealed by the ATOMO srl shall automatically lapse 26 (twenty six) months after the consignment of the product. In the event of cancellation of an Order, no charge shall be made to the Customer. If any amounts has already been charged, the Customer shall be promptly refunded.

Any request by the Customer for one of the remedies indicated above must be communicated to ATOMO srl by registered mail with return receipt and sent to the following address:ATOMO srl., Via L.Giuntini No. 8, 50053 Empoli(FI), Italy and sent in advance by email to the following address: info@atomoitalia.it.

The Customers’ right to avail themselves of the guarantee as provided by the Italian Consumer Code to remedy any lack of conformity of purchased products may be exercised as described above only in relation to defects in products purchased through the Website.

Returns and refunds - Withdrawal

Customers may exercise their right of withdrawal as described hereunder:
a) The right of withdrawal must be exercised by the Customer within 14 (fourteen) days of the date of delivery of the products to the Customer or to a third party, other than the courier responsible for delivery, who has been designated by the Customer (in the case of an Order in several lots as provided at Article 6.6 of these Terms and Conditions, the period of 14 (fourteen) days shall commence from the date on which the Customer, or the third party other than the courier responsible for delivery who has been designated by the Customer materially comes into possession of the last item).
b) To exercise their right of withdrawal, Customers must fill out the special “return form” included in the delivered package containing the products. The aforementioned “return form”, duly completed and signed by the Customer, must be sent to ATOMO srl by email to the following addresses: info@atomoitalia.it. The “return form” must be included in the package in which the products are returned.
c) The products must be returned in their original state and with the packaging in which they were delivered.

Products must be returned to the following address:
ATOMO srl.
Via L.Giuntini, 8
50053 Empoli (Firenze)
Italia.

The Customer undertakes to return the products in relation to which the right of withdrawal is exercised without undue delay and in all cases within 14 (fourteen) days of the date on which the Customer notified ATOMO srl of their decision to withdraw from the contract pursuant to Article 54 of the Italian Consumer Code.

Except as provided in Article 8.6, the costs of returning the products shall be borne by ATOMO srl.

ATOMO srl shall verify that the products have been returned in the condition in which they were delivered, within the packaging in which the product was sent from ATOMO srl to the Customer. The substantial integrity of returned products constitutes an essential requirement for the exercise of the right of withdrawal. The Customer shall be solely responsible for any reduction in the value of products resulting from their handling except for what is necessary to determine the product’s nature, characteristics and functionality as provided by Article 57 of the Italian Consumer Code. ATOMO srl therefore reserves the right to refuse refunds for products that have been damaged, that have deteriorated, that are dirty, or that are in a state that clearly indicates that the products have been used for purposes other than those indicated above. ATOMO srl also reserves the right to seek compensation for any damage due to wilful misconduct or negligence on the part of the Customer in relation to the return of the products. ATOMO srl shall not be held responsible in the event of loss or theft of returned products, or in the event of returns to an incorrect address, or delays in the delivery of returned products not attributable to ATOMO srl itself, it being understood that the Customer shall assume all risks arising from any such consignment. The Customer shall be responsible for providing proof of the return of the products.

ATOMO srl shall reimburse the price of returned products without undue delay and in all cases within 14 (fourteen) days of the date on which ATOMO srl has been informed of the exercise of the right of withdrawal by the Customer. In accordance with art. 56 of the Italian Consumer Code, ATOMO srl reserves the right to withhold a refund until it has received the product or until the Customer proves that he or she has returned the product correctly and in pristine condition, taking account of the situation occurring first. The refund shall be made by crediting the amount paid by the Customer by the same form of payment used for purchase, unless the Customer has expressly agreed otherwise and provided that the Customer does not sustain any cost as a result of the reimbursement. ATOMO srl is not obliged to reimburse any additional costs if the Customer expressly chooses a delivery method other than a less expensive method offered by ATOMO srl. ATOMO srl shall notify the Customer by email of the reimbursement of the price.

Note that product returns and refunds of the purchase price are permitted exclusively for products purchased through the Website.

Disclaimer

Except in cases of malice or gross negligence, ATOMO srl shall not in any manner be held liable to the Customer for indirect or consequential damages that may be caused to the Customer as a result of the purchase of products on sale through the Website.

Authenticity of products and intellectual property rights

ATOMO srl guarantees the authenticity and the high quality of all products offered for sale on the Website.

The “FORTELA” trademark, together with all the figurative and non-figurative marks and in general all other trademarks, illustrations, images and logos on “fortela” products, accessories and/or packaging, whether subject to registration or otherwise, are and shall remain the exclusive property of ATOMO srl, with registered offices in Empoli -50053 , Via L.Giuntini,8 (FI).The total or partial reproduction, modification, tampering or use of any such trademarks, illustrations, images and logos, for whatever reason and through any media without the prior express agreement of ATOMO srl is absolutely prohibited.

Disputes

These General Terms are governed by and shall be interpreted on the basis of the Italian law, without prejudice to any other mandatory provision, more favourable to the Customer, applicable in the Customer’s country of habitual residence.

In the event of a dispute concerning the interpretation and/or application of these General Terms, the Court with jurisdiction over the place of domicile or residence of the Customer shall be exclusively competent if the Customer is located in the territory of the Italian state. In the event that the Customer’s domicile or residence are not located in the Italian territory, the Customer may choose, at his discretion, the Court of his place of residence or domicile or the Court of Florence.

Contacts

Customers are invited to send an email to the following address in relation to any complaints, requests for further information or assistance with the Website or the purchasing procedure, or requests for information and/or clarification of the provisions of these General Terms: info@atomoitalia.it, or to contact ATOMO srl, Via L.Giuntini 8, 50053 Florence, Italy.