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TERMS AND CONDITIONS
Last updated July 12, 2023
General Terms and Conditions for the Sale of FILM FERRANIA products on the FILM FERRANIA.COM Website.
(1) The company Film Ferrania Italia S.r.l. (hereinafter referred to as "FILM FERRANIA" or the "Supplier") sells products bearing the "FILM FERRANIA" brand in Italy and abroad.
(2) These General Terms and Conditions of Sale apply to all distance sales of FILM FERRANIA products on the Film Ferrania.com website, including email support provided by the FILM FERRANIA Customer Service. The distance sales, as regulated here, have been designed in compliance with applicable national laws and the European Directive on consumer rights (No. 2011/83/EU) as the active subject in this system.
(3) The use of the distance sales service described here is reserved exclusively for consumers. The term "Consumer" shall be understood as any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession. Reselling or transferring purchased products from the website for commercial or professional reasons is strictly prohibited.
(4) FILM FERRANIA may modify these General Terms and Conditions of Sale at any time. Therefore, the Customer is invited to accept the General Terms and Conditions of Sale in force at the time of purchase, a copy of which will be sent to the Customer's email address upon request.
(5) These General Terms and Conditions of Sale are published on the website for the Customer's knowledge, storage, and reproduction.
(6) By placing an order on the Film Ferrania.com website, the Customer acknowledges and fully accepts these General Terms and Conditions of Sale, which constitute an integral and substantial part of these premises.
(7) These General Terms and Conditions of Sale do not govern the provision of services or the sale of products by entities other than FILM FERRANIA, even in cases where they are presented on the official website via links, banners, or other hyperlinks. Therefore, before placing an order and/or purchasing products and services from entities other than the Supplier, the Customer is invited to verify the applicable sales conditions. Under no circumstances can the Supplier be held responsible for the provision of services by third parties.
- PRODUCT ORDERS
(1) Orders can be placed directly by adult individuals who are not legally incapacitated.
(2) Orders can be placed through the Film Ferrania.com website.
(3) The Customer is required to provide FILM FERRANIA with a valid email address to receive the requested information, the information specified in these General Terms and Conditions of Sale, and any order-related information.
(4) Each distance sales order made by the Customer subject to these General Terms and Conditions of Sale may include one or more products, up to a maximum of 100 products per order, with a maximum of 50 units for the same item.
(5) FILM FERRANIA reserves the right to modify the quantity and/or types of products that can be purchased through distance sales at any time.
(6) The Customer is responsible for selecting the items of interest. The Customer's shopping cart and the order summary sent to the Customer after completing the purchase include a description of the ordered products, including measurements and dimensions (where applicable), and a digital photograph that provides an accurate representation of the products available on the website.
(7) FILM FERRANIA takes all appropriate measures to ensure that the photographs on the website faithfully represent the original products, including technological means to minimize inaccuracies. However, some variations are possible due to the technical characteristics of the Customer's computer and color resolution. Consequently, any confirmation of a product's condition is subject to the limitation of potentially inaccurate representation on the customer's computer.
(8) The Customer must click on the shopping cart icon to view the selected items and the total price of the ordered items. The Customer is advised to verify the content of the shopping cart before completing the purchase form according to the instructions provided on the website and confirm that they have read and accepted these General Terms and Conditions of Sale.
(9) If the Customer needs to modify (an item or quantity) or correct any errors in the order, they must follow the instructions on the website.
- PRODUCT ORDERS
(1) The price of each product is displayed for the Customer before completing the order. All prices are in euros as specified on the Film Ferrania.com website or on the order page and include VAT.
(2) Product prices do not include taxes and duties, shipping costs, unless otherwise specified on the Film Ferrania.com website or the order page.
- ORDER COMPLETION
(1) The purchase process is complete once the Customer confirms the order. Upon confirmation, the order is directly sent to FILM FERRANIA.
(2) The General Terms and Conditions of Sale are always available on every page of the website through the link in the footer.
(3) After clicking "payment order," the Customer will receive an automatic email to the address used to access the order. However, this does not constitute acceptance of the order by Film Ferrania.com; no contract has been concluded yet.
(4) FILM FERRANIA considers the Customer's order binding once the entire purchase process, including payment, is completed correctly without any errors detected by the website. The contract between FILM FERRANIA and the Customer is considered concluded when the Customer receives confirmation of successful completion from FILM FERRANIA at the email address provided during the ordering process, sent in conjunction with the purchase procedure. With the confirmation, the Customer receives a complete summary of the order and, if requested, a copy of these General Terms and Conditions of Sale.
(5) Before FILM FERRANIA sends the confirmation of a successful contract conclusion, it reserves the right to decide whether to accept incomplete or incorrect orders or if the products are not available. In this case, FILM FERRANIA will inform the Customer that the contract has not been concluded and that the order will not be processed, providing the reasons. The Customer will be notified within 5 days of the transmission of the order to FILM FERRANIA. Any amounts already paid by the Customer for the order will be refunded.
(6) Following the conclusion of the contract, the Customer will receive written confirmation of the order at the provided email address, including the purchase number and date, the ordered product, the price, the amount paid, the right of withdrawal (except in cases where this right is excluded - Customized Articles), indicating the return deadlines and instructions, the postal address for complaints, customer service information, legal and commercial warranties, and the right to use extrajudicial dispute resolution mechanisms for complaints or appeals.
- RETENTION OF TITLE
(1) The delivered goods remain the property of FILM FERRANIA until full payment is received and remain under the responsibility of Film Ferrania until delivery to the carrier.
(1) The Customer can contact the FILM FERRANIA Customer Service by email to request delivery information.
(2) Items will only be delivered to the address provided by the Customer.
(3) Deliveries will not be made to post office boxes, collection points, or postal addresses.
(4) The Customer acknowledges and accepts that:
- The ordered items will be delivered to the residential or commercial address provided by the Customer at the time of the order. The Customer cannot redirect the packages or prevent courier drivers from redirecting deliveries if the recipients are not at home.
- If the delivery address is located in a building with a reception/concierge service, the delivery will be considered completed when the reception/concierge receives the package from the courier. Therefore, ownership of the goods passes to the Customer upon delivery to the reception/concierge.
(5) Items are delivered to the address indicated by the Customer only after the payment for the order is registered. FILM FERRANIA fulfills orders within a maximum of 5 business days from receipt of payment, except when FILM FERRANIA informs the Customer, within the same period, of the non-acceptance of the order, in accordance with the previous Article 4.
(6) Shipping with the courier: delivery will be made within 2-3 business days. It may take up to 5-7 days for specific destinations. All available delivery options for the order will be displayed at checkout.
(7) Delivery times are purely indicative.
(8) All shipping costs, including additional costs borne by the Customer, are indicated in the order form at the time of purchase on the Film Ferrania.com website. Additional shipping charges are not refundable in the case of product exchanges or returns.
(9) The Customer can contact the Customer Service if they wish to modify the delivery date. In any case, the email sent by FILM FERRANIA to the Customer contains a tracking number and a unique link to track the shipment in real-time. FILM FERRANIA's Customer Service can provide assistance for any delivery issues.
(1) FILM FERRANIA's liability for any defective material shall be governed by applicable legal provisions.
(2) Any non-compliance defects in products purchased on Film Ferrania.com shall be subject to the Legal Warranty indicated on the website.
(3) The Customer cannot make claims for defective products if the defects are the result of modifications made by the Customer or third parties unless the Customer can prove that the defect already existed at the time of delivery.
(4) No charges will be made to the Customer's credit card in the event of order cancellation. If the credit card has already been charged, the Customer will be promptly refunded. Similarly, if payment is made via PayPal at the time of the order, the Customer will be promptly refunded in case of order cancellation.
- RETURNS AND REFUNDS
Our goal is to ensure full Customer satisfaction. If, for any reason, the Customer is not satisfied with their order, they can exercise their right to return the purchased products within fourteen (14) business days from the date they received them from FilmFerrania.com.
The Customer's right to return must be exercised as described below.
The right of return must be exercised by the Customer within 14 (fourteen) days from the date of delivery to the Customer or to third parties on behalf of the Customer. To exercise the right of return, the Customer must contact Customer Service or follow the online procedure and obtain a return code. Once the return code is obtained, the Customer must contact the carrier indicated by Film Ferrania's customer service for pickup and affix the printed return label to the package.
For the return to be accepted by FILM FERRANIA, the products must be returned within 14 days from the date the Customer informed FILM FERRANIA of their intention to return the purchased product using the return form through the online procedure or by contacting Customer Service by phone.
The return must meet the following conditions:
- Products must be returned in their original packaging (box, accessories, anchors, protections, leaflets, etc.).
- Products must be accompanied by the purchase invoice.
- Products returned by the Customer must not have been damaged, used, or worn.
- Labels and security tags must still be attached to the products.
- Damaged goods being returned must be in the same condition as received by the Customer; the Customer must not attempt to modify, handle, or repair them.
FILM FERRANIA reserves the right to refuse the return of products that have been damaged, are incomplete, deteriorated, or in any condition that clearly indicates they have been used or returned after the above-mentioned deadline, or without a return form.
FILM FERRANIA also reserves the right to seek compensation for any damage caused by the Customer's negligent or willful conduct when returning the products. FILM FERRANIA cannot be held responsible for lost or stolen products outside its control, or for returns to the wrong address, or for delays in delivering returned products beyond its control, provided that the Customer assumes all risks associated with the return. The Customer is also required to provide proof of the return.
In the case of withdrawal, the Customer will be refunded all payments made to FILM FERRANIA, according to the chosen payment method for the purchase and for the product for which the withdrawal was exercised, including delivery costs (excluding additional costs for special deliveries described in the previous Article 5).
FILM FERRANIA will reimburse these amounts upon receipt of the returned product or when the Customer demonstrates that they have properly sent the product to FILM FERRANIA. Refunds are credited to the Customer's current account linked to the credit card used by the Customer for payment or via PayPal. Refunds are free of charge for the Customer.
- LIMITATION OF LIABILITY
(1) Claims for damages by the Customer are excluded, except in the following cases: Claims for damages resulting from injury to life, body, or health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from intentional or grossly negligent breach of duties by FILM FERRANIA, its legal representatives, or its agents. The relevant contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the Supplier is only liable for damages that are typically foreseeable in the context of the contract if they are simply caused by negligence, unless the Customer claims damages for injury to life, body, or health.
(3) The limitations set forth in paragraphs (1) and (2) also apply to the legal representatives and agents of the Supplier if claims are made directly against them.
(4) The provisions applicable to product liability remain unaffected.
- PRODUCT AUTENTICITY AND INTELLECTUAL PROPERTY RIGHTS
(1) FILM FERRANIA guarantees the authenticity and quality of all products sold on the website.
(2) The FILM FERRANIA trademark, all figurative and non-figurative marks, and, in general, all other trademarks, illustrations, images, and logos appearing on FILM FERRANIA products, accessories, and/or packaging, registered or not, are and shall remain the exclusive property of FILM FERRANIA S.r.l., with registered office at Vale della Libertà 57/d, 17014, Cairo Montenotte Savona. Total or partial reproduction, modification, or use of trademarks, illustrations, images, and logos for any reason and on any medium is strictly prohibited without the prior express approval of FILM FERRANIA S.r.l. This clause does not apply to the private use of FILM FERRANIA products.
(3) Any combination of these trademarks with other trademarks, symbols, logos, or any distinctive sign suitable for creating a composite logo is strictly prohibited.
(4) Total or partial reproduction, modification, or use of designs, patterns, or patents owned exclusively by FILM FERRANIA S.r.l. is also strictly prohibited.
- FORCE MAJEURE
(1) FILM FERRANIA ITALIA S.r.l.'s service performance may be suspended in the event of unforeseeable circumstances or force majeure that impede or delay its execution.
(2) FILM FERRANIA will inform the Customer of such unforeseeable circumstances or force majeure within seven days of their occurrence. If the suspension of services lasts more than 15 days, the Customer may cancel the order and receive a refund of the amounts already paid.
- JURISDICTION AND APPLICABLE LAW
(1) The competent jurisdiction for sales made on the Film Ferrania.com website is the place of residence or domicile of the Customer. Mediation procedures provided for by Legislative Decree no. 28 of March 4, 2010, may be used to resolve disputes. Extrajudicial resolution of disputes is also possible through the use of the online conciliation service RisolviOnline provided by the Arbitration Board of the Chamber of Commerce of Milan.
(2) The European Commission provides a platform for extrajudicial online dispute resolution on the website http://ec.europa.eu/consumers/odr. FILM FERRANIA is not currently participating in consumer arbitration proceedings. FILM FERRANIA is not obliged to participate.
(3) Orders placed under these General Sales Conditions are governed by Italian law, in particular the Civil Code, Legislative Decrees no. 206 of September 6, 2005, and no. 70 of April 9, 2003, excluding conflict-of-law rules and private international law. The 1980 United Nations Convention on Contracts for the International Sale of Goods does not apply.
In the event of any discrepancies between the General Sales Conditions in Italian and any other language accepted by the Customer, the meaning and interpretation of the General Sales Conditions in Italian shall prevail.