1. Website Name, Ownership of the Domain Name and the "FAZZINI" Trademark
1.1. These General Terms and Conditions of Sale ("GTC") govern the offer and sale of products through the following website: www.FAZZINIHOME.com
Delivery of purchased products will take place in the buyer's country of purchase.
1.2. The Website is owned by FAZZINI SRL, with registered office at Via Alessandro Volta 69, Cardano al Campo (VA), tax code, VAT number, and Varese Company Register number 00450810122 ("FAZZINIHOME").
1.3. FAZZINI SRL is also the owner of the domain name and the "FAZZINI" trademark, as well as the provider of the Website registration service.
1.4. All content on the Website is protected by copyright, and the related copyrights are owned by FAZZINI SRL. The Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, linked or used, particularly for commercial purposes, without the prior written consent of FAZZINI SRL.
2. Identification of the seller
2.1. The products purchased on the Site are offered and sold by T-Data s.r.l., Via Strasburgo, 31, 41011 – Campogalliano (MO), tax code, VAT number, and registration number in the Modena Companies Register: 03854490368
2.2. T-Data S.r.l. offers for sale on the Site "FAZZINI" branded products ("Products") with the authorization of FAZZINI SRL.
2.3. T-Data S.r.l. is, therefore, the sole party for the user who intends to purchase one or more Products through the Site and is therefore (i) the party to whom the user directs their order in order to accept the offer and conclude the sales contract; (ii) the party that assumes the pre-contractual obligations towards the user arising from the offer; (iii) the party entering into the sales contract with the user, assuming the related obligations and rights.
2.4. The purchase contract concluded through the Site is therefore concluded between the user and T-Data S.r.l.
2.5. In relation to the sale of Products through the Site and in communications with customers regarding purchases made through the Site ("Transactional Emails"), T-Data S.r.l. operates under the name and/or surname "FAZZINIHOME" or "FAZZINI." Therefore, when the expression or name "FAZZINIHOME" or "FAZZINI" or the first person plural are used on the Site, in relation to the sale of Products through the Site, and/or in Transactional Emails (e.g., order confirmation), the reference is to T-Data S.r.l.; when, however, the expression or sign “FAZZINIHOME” or “FAZZINI” are used on the Site, in relation to services other than sales (e.g.: the Site registration service, or in communications with customers other than Transactional Emails (e.g.: confirmation of registration on the Site, newsletter, promotional communications, DEM), the reference is to be understood to FAZZINI SRL.
3. Scope of the GTC and Access to the Site and Products
3.1. The GTC are made available to users through the "General Terms and Conditions of Sale" section of the Site, accessible via the link of the same name in the footer of the Site. Users are permitted to save and reproduce them. They are also made available to users via the appropriate link and during the purchase process.
3.2. These GTC may be modified at any time. Any changes and/or new conditions will be effective upon their publication on the Site in the "General Terms and Conditions of Sale" section, accessible via the link of the same name in the footer of the Site. Users are therefore advised to regularly access the Site and consult the most up-to-date version of the Terms and Conditions of Sale before making any purchase.
3.3. The applicable GTC are those in effect on the date the purchase order is placed. Before placing an order and, therefore, concluding the purchase contract, the user is required to carefully read the current GTC along with all the information T-Data S.r.l. provides through the Site, both before and during the purchase process.
3.4. These General Terms and Conditions of Sale do not govern the sale of products by parties other than T-Data S.r.l. that may be present on the Site via links, banners, or other hypertext links. Before conducting commercial transactions with such parties, it is necessary to verify their terms and conditions of sale. T-Data S.r.l. is not responsible for the provision of services and/or the sale of products by such parties. T-Data S.r.l. does not carry out any control and/or monitoring of the Website accessible via such links. T-Data S.r.l. is therefore not responsible for the content of such sites nor for any errors and/or omissions and/or violations of law by them.
3.5. Access to the Site and the purchase of Products through the Site are permitted to all users, regardless of their nationality, place of residence, or place of establishment, provided that, if natural persons, they are at least 18 years of age, without prejudice to the provisions of Article 14.1 below.
4. Purchases on the Site
4.1. The offer and sale of Products on the Site constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") and by Legislative Decree No. 70 of 9 April 2003, which regulates e-commerce.
4.2. Purchases of Products through the Site are made as a guest or by registering and are permitted to both consumers and non-consumers, including natural persons, provided they are at least 18 years of age. The Site is for retail sales only. Under no circumstances may retailers, wholesalers, or, in general, anyone intending to purchase Products for resale purposes, make purchases on the Site. Therefore, such persons are prohibited from registering on the Site and/or making purchases on the Site. Purchases are also prohibited for the persons referred to in Article 14.14 below.
4.3. Please note that, pursuant to Article 3, paragraph 1, letter a) of the Consumer Code, consumers are natural persons who, in purchasing products through the Site, act for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity they may engage in.
4.4. In the event of violation of these prohibitions or in the event of orders, from whomever they originate, that appear to be anomalous in relation to the quantity of products purchased or the frequency of purchases made, T-Data S.r.l. reserves the right to take all necessary action to eliminate the irregularities, including non-acceptance or cancellation of irregular orders or reporting the situation to FAZZINI SRL for the purpose of possible suspension of access to the Site and/or cancellation of registration on the Site.
4.5. Finally, T-Data S.r.l. reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these GTC and/or the conditions and/or terms of any purchase contract with T-Data S.r.l; (iii) a user who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments; (iv) users who have provided false, incomplete or otherwise inaccurate identification data or who, within the procedure referred to in art. 13.3 below, have not promptly sent T-Data S.r.l. the documents requested by the latter or have sent invalid documents; (v) a user who has violated the provisions of art. 5.6 below.
5. Registration on the Site.
5.1 The registration service is provided by FAZZINI SRL.
5.2 Registration on the Site is free. Registration will be confirmed to the user via email.
5.3 Registration, through the opening of a personal account called "Account," allows the registered user, among other things, to:
manage their personal data and update it at any time; save and modify their addresses; access all order information;
5.4 Regarding the Account, the user is informed of the following:
1) By registering on the Site, the user is entitled to, among other things, the activities referred to in Article 5.2 above. Therefore, these data must be kept with extreme care and attention, may only be used by the user and may not be disclosed to third parties. The user undertakes to keep them confidential and to ensure that no third party has access to them. The user also undertakes to immediately inform FAZZINI SRL, by contacting T-Data S.r.l. at the contact details set out in Article 18 below, if he or she suspects or becomes aware of any misuse or improper disclosure of such data.
5.5 The user guarantees that the personal data provided during the registration process and/or during purchases and/or at any other time is complete, truthful, and refers to the user. The user undertakes to indemnify and hold FAZZINI SRL and T-Data S.r.l. harmless from any damages, claims for compensation, and/or penalties arising from and/or in any way related to the user's breach of the guarantees set out in this Article 5 and/or violation of the rules governing Registration, purchasing on the Site, and/or the storage of Registration Credentials.
5.6 The user must return the Products to T-Data S.r.l., using a carrier of their choice and at their own expense, without undue delay and in any case within 14 calendar days from the date on which they communicated their decision to withdraw to T-Data S.r.l. (“Return Deadline”). The Return Deadline is met if the user sends the Products back before the fourteen-day period expires. The Product, appropriately protected and packaged, must be returned to the following address: “Fazzini Srl, Via Alessandro Volta 69, 21010 Cardano al Campo (VA)”.
6. Information for completing the online contract
6.1. In accordance with Legislative Decree No. 70 of April 9, 2003, containing provisions on electronic commerce, T-Data S.r.l. informs the user that:
a) to complete the purchase contract for one or more Products on the Site, the user must complete an electronic order form and send it electronically to T-Data S.r.l., following the instructions that appear from time to time on the Site;
b) the contract is concluded when the order form reaches the server used by T-Data S.r.l.;
c) before submitting the order form, the user may identify and correct any data entry errors by following the instructions on the Site;
d) once the order form has been submitted and confirmation of successful payment has been received, T-Data S.r.l. will send the user an order confirmation to the email address provided. This confirmation will contain: a summary of the general and specific terms and conditions applicable to the contract, information regarding the essential characteristics of the purchased product, a detailed price, payment method used, delivery costs, and any additional costs, as well as information regarding the right of withdrawal. The order confirmation will include, in PDF format, the applicable GTC, the standard withdrawal instructions, and the standard withdrawal form referred to in Article 15 below.
e) The order form will be archived in T-Data S.r.l.'s database for the time necessary to process the order and, in any case, within the legal timeframes. The essential elements of the order form will be included in the order confirmation. Registered users can also access their order form by consulting the "Order history and details" section.
6.2. With regard to the language regime of the T-Data S.r.l. Website, T-Data S.r.l. Please note the following:
The languages available to users for contract conclusion are: Italian, English, German, and Russian.
Customer Service is able to communicate with users in Italian and English.
7. Product Availability
7.1. The Products available for purchase through the Site are the items listed in the electronic catalog published on the Site, which can be viewed when placing an order. The Products offered for sale through the Site primarily belong to the following product categories: home textiles and air fresheners.
7.2. Each Product is accompanied by an information page illustrating its main features ("Product Page"). The Product Page will contain information regarding Product availability ("Times" button).
7.3. Product availability is continuously monitored and updated. However, since the Site can be visited by multiple users simultaneously, multiple users may purchase the same Product at the same time. In such cases, the Product may appear available for a short period of time, but may instead be out of stock or not immediately available and it will be necessary to wait for it to be restocked.
7.4. If the Product is no longer available for the reasons indicated above or in other cases of subsequent unavailability of the Product, without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, T-Data S.r.l. will immediately notify the user by email. The user will therefore be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of Article 61, paragraphs IV and V, of the Consumer Code, by notifying T-Data S.r.l. using the methods and to the addresses indicated in Article 18 below. In the event that the user exercises the right of termination provided for by these provisions or in the event that the user, despite being notified by T-Data S.r.l, does not exercise this right, the contract will be terminated, without prejudice to the rights granted to the user by law. Without prejudice to the user's right to compensation for damages, T-Data will request, without undue delay, through banking systems, a refund of the total amount paid, consisting of the price of the Product, delivery costs, if applicable, and any other additional costs, as resulting from the order ("Total Amount Due") and which was the subject of the payment referred to in Article 13.9 below. Termination of the contract and the amount to be refunded will be communicated to the user via email.
7.5. In the case of orders involving multiple Products ("Multiple Order"), if the unavailability concerns only some of the Products in the Multiple Order—without prejudice to the rights granted to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of Articles 13.9 and 14.1 of the Italian Civil Code—the User shall be entitled to a refund of the total amount paid. 7.4 above, if the unavailability affects all the Products ordered, T-Data S.r.l. will immediately notify the user via email. The user will therefore be entitled to immediately terminate the contract, limited to the Products that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of Article 61, paragraphs IV and V, of the Consumer Code, by notifying T-Data S.r.l. using the methods and to the addresses indicated in Article 18 below. If the user exercises the right of termination provided for in these provisions, or if the user, despite being notified by T-Data S.r.l., fails to exercise this right, the contract will be partially terminated, limited to such Products. The user will then be required to request, without undue delay and, in any case, within 15 working days of placing the order, a refund of the amount due, consisting of the price of such Products and any other additional costs related to them, as resulting from the order ("Partial Amount Due"). The termination of the contract and the amount to be refunded will be communicated to the user via email. The user is advised that, in the event of partial termination of a Multiple Order, shipping costs will not be refunded, as they are attributable to the delivery of the available Products, for the reasons set out in Article 14.5 below.
7.5 bis In the cases referred to in Articles 7.4 and 7.5 above, T-Data S.r.l., regardless of the user's choice, undertakes to provide the user, upon request, with a voucher in an amount proportional to the Total Amount Due or, as the case may be, to the Partial Amount Due. Article 14.11 below applies to this voucher.
8. Product Information
8.1. Each Product is accompanied by a Product Page. The images and descriptions on the Site reproduce the Product's characteristics as faithfully as possible. The colors of the Products and their packaging, however, may differ from the actual colors due to the settings of the IT systems or computers used by users to view them. Furthermore, the Product images on the Technical Data Sheet/Product Page may differ in size or in relation to any accessory products. These images should therefore be considered indicative and subject to customary tolerances. For the purposes of the purchase contract, the Product description on the Product Page and/or, if applicable, in its technical data sheet will prevail.
Depending on their nature, products may be provided with an identification tag secured with a disposable seal (e.g., clothing products).
9. Prices
9.1. Product prices published on the Site are expressed in the currency selected by the user (Euro, Rubles, Pounds) and include Value Added Tax (and WEEE contribution, where applicable). Payment is always made in Euros.
9.2. T-Data S.r.l. reserves the right to change the price of the Products at any time, without notice. It is understood that the price charged to the user will be the one indicated in the order summary and displayed to the user before placing the order. Any changes (increases or decreases) subsequent to placing the order will not be taken into account.
10. Purchase Orders
10.1. The purchase contract will be automatically terminated, pursuant to Article 1456 of the Italian Civil Code, in the event that the pre-authorization or actual debit referred to in Article 13.9 below is unsuccessful, resulting in non-payment of the Total Amount Due. In the first case, the user will be notified via the Sites that the transaction has not been completed successfully and that the order has been cancelled; in the second case, the user will be notified via email of the failed charge and the resulting termination of the contract.
10.2. Ownership of the Products will transfer to the user upon shipment, meaning the moment the Product is handed over to the carrier ("Shipment"). The risk of loss or damage to the Products, for reasons not attributable to T-Data S.r.l., is transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Products. Shipment will be carried out, pursuant to the provisions of Article 10.1 above, only upon confirmation of the successful debit as per Article 13.9 below and, therefore, of the actual payment of the Total Amount Due.
10.3. To place a purchase order through the Sites, you must read and accept these GTC by selecting the appropriate box that appears during the purchase process. Failure to accept the GTC will prevent you from making purchases through the Site.
10.4. The user may request a commercial invoice by selecting the appropriate box during the purchase process and completing the form provided. The invoice, if requested, will be sent to the user via email and, if registered, will also be made available in their Account. The invoice will be issued based on the information provided by the user via the appropriate form, which the user guarantees to be true. The user undertakes to indemnify and hold T-Data S.r.l. harmless from any damages, compensation obligations, and/or penalties that may arise and/or be imposed on the same in the event that such information is inaccurate and/or untrue. No changes to the invoice will be possible after it has been issued.
11. Order Cancellation
11.1. Without prejudice to the right of withdrawal pursuant to Article 15 below, registered users have the right to request cancellation of their order. If the order preparation is at an advanced stage, T-Data will promptly inform the courier, but the latter may not be able to stop the delivery. If it is not possible to cancel the order, T-Data will notify you via email. In this case, you may still:
refuse the delivery; or accept the delivery and exercise your right of withdrawal within the following 14 days. For more information on how to exercise your right of withdrawal, please visit the "Returns" section.
11.2. In the event of order cancellation at the user's request, as per Article 11.1 above, the user will be notified via email. Cancellation of an order at the user's request will result in termination of the relevant purchase contract and the cessation of T-Data S.r.l.'s obligations under it.
11.3 In the event of cancellation of an order at the user's request, as provided in Article 11.1 above, T-Data S.r.l. will, without undue delay, request a refund of the amount debited for the cancelled order through its banking systems. Refund times depend exclusively on the issuer of the credit card and/or payment method used. Once a refund of the amount in question has been requested, under no circumstances will T-Data S.r.l. be held liable for any direct or indirect damages caused by the delay in refunding and/or failure to refund such amount by the banking system.
12. Reviews
12.1. The Review service is offered and provided by Fazzini Srl.
12.2 Reviewing "FAZZINI" branded products is permitted on the Sites, subject to the following terms and conditions.
a) Reviews may be left by both registered and unregistered users, even if they have not purchased the product being reviewed or have purchased it offline, provided they are at least 18 years of age;
b) Reviews must be truthful;
c) Reviews may concern both "FAZZINI" branded products and the purchasing experience of such products, whether through the Sites or offline;
d) To leave a Review, the user must complete the appropriate form on the Product Page, entering all mandatory information (e.g., rating; title and text of the Review, nickname);
e) Reviews will be published by Fazzini Srl within a maximum of 3 business days of submission, if deemed suitable by the latter, in accordance with the following provisions;
f) Reviews will be published with the username chosen by the user at the time of submission;
g) Eligibility will be assessed by Fazzini Srl at its sole discretion; Fazzini Srl reserves the right, at its sole discretion, not to publish Reviews and/or to remove Reviews already published, for any reason;
h) The Product rating corresponds to the mathematical average of the votes cast by users who have left a review for the Product;
i) Users are prohibited from:
a. Submitting Reviews that are not about the Product on whose Product Page they are posted;
b. Inserting content that is misleading or irrelevant to the subject of the review;
c. Posting Reviews that contain content that is defamatory, offensive, vulgar, sexually explicit, violent, obscene, or harassing, and/or in any way contrary to the law, public order, morality, or the reputation of Fazzini Srl, T-Data, or any third party, including the person from whom the user purchased the product and/or the manufacturer;
d. Posting Reviews that contain advertising or promotional content, or that contain spam or any type of solicitation, and/or that expose product safety risks (e.g., recommending modifications or customizations to a product or unintended uses of the product);
e. Posting personal data of third parties in the Reviews;
f. Posting data belonging to the categories referred to in Article 9 of the General Data Protection Regulation (Regulation (EU) 2016/679) in the Reviews, and in particular, data relating to health, as defined in Article 13 of the GDPR. 4.15 of this Regulation and/or data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or data relating to a person's sex life or sexual orientation;
g. Include in the Reviews threats of any kind and/or content that incites hatred, racism, homophobia, or is discriminatory in any way, or include content containing political content or political propaganda;
h. Include in the Reviews content that violates the rights of third parties or for which the user has received compensation or remuneration of any kind from third parties;
i. Include in the Reviews content that contains information referring to other websites or competitors of Fazzini Srl;
j. Include in the Reviews content that may contain and/or transmit computer viruses, malware, or other potentially harmful programs or files;
j) Reviews that violate the provisions of this Article, and in particular the prohibitions set forth in the preceding letters, will be deleted and, consequently, not published;
k) The customer agrees to hold Fazzini Srl, T-Data, and the group companies to which Fazzini Srl and T-Data belong, harmless and indemnified from any damages that may arise from the posting of a Review in violation of the prohibitions and/or conditions set forth in this Article and/or from the user's violation of laws and/or regulations and/or third-party rights;
l) By submitting a Review, the user authorizes Fazzini Srl to publish it, free of charge, on the Sites, along with the username chosen at the time of submission;
m) the user acknowledges that T-Data is not involved in the moderation of the Reviews, as the related service is offered by Fazzini Srl, and that, consequently, T-Data is also not involved in the processing of personal data connected to the Reviews which is carried out by Fazzini Srl, as an independent data controller, on the basis of the Fazzini Srl Privacy Policy which can be consulted by clicking here.
12.2 Subject to the provisions of the personal data protection law, Reviews, unless deleted, will remain published for a maximum of 24 months from receipt. If the Product being reviewed is discontinued, the related Reviews will be deleted. The user may request deletion of Reviews using the contact details in Article 18 below.
13. Payment Methods
13.1. Payment for Products purchased through a Site may be made using the methods described in the following paragraphs. If one of these methods is not available for a specific Product, this will be clearly indicated on the Sites, no later than at the beginning of the purchase process. Unavailable payment methods will not be available to the user during the checkout/purchase phase.
A) Payment by Credit Card
13.2. Payment for Products purchased through a Site may be made by credit card directly through that Site. Accepted credit cards are Maestro, MasterCard, and Visa. These are specifically indicated in the footer of each page of the Site.
13.3. In order to ensure the security of payments made through the Sites and prevent fraud, T-Data S.r.l. reserves the right to request that the user send, via email, a copy of the front and back of their identity card and, if the order is for a different person than the credit card holder, the credit card holder's identity card. The document must be valid. The request email will specify the deadline by which the document must be received by T-Data S.r.l.. This deadline will, in any case, not exceed 5 business days from receipt of the user's request. The order will be suspended pending receipt of the requested document. The user is required to send the requested documents within the specified timeframe.
13.4. If T-Data S.r.l. does not receive these documents within the timeframe specified in the request email or receives expired or invalid documents, the contract will be deemed automatically terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code. and the order will be subsequently cancelled, without prejudice to T-Data S.r.l.'s right to compensation for any damages incurred as a result of the user's non-compliant behavior. Termination of the contract, of which the user will be notified via email no later than 5 business days after the deadline for submitting the documents requested by T-Data S.r.l., will result in the cancellation of the order, with the resulting release of the Pre-Authorized Amount and application, where applicable, of Article 7.4 above. The refund period begins upon termination of the order.
13.5. If T-Data S.r.l. receives valid documentation within the timeframe indicated in the email referred to in Article 13.3 above, the delivery terms applicable to the order will begin from the date of receipt of the documentation.
13.6. T-Data S.r.l. uses the secure payment service of Nexi Payments s.p.a. for payments in euros and Stripe for payments in other currencies. Data exchange uses the SSL security protocol. Confidential credit card information (card number, cardholder, expiration date, security code) is acquired directly by Nexi Payments s.p.a. and Stripe. T-Data S.r.l. therefore never accesses or stores the credit card information used by the user to pay for the Products, except, with respect to the cardholder information, as provided for in Article 13.3 above.
B) Payment via PayPal
13.7. Payment for Products purchased on a Site can be made using PayPal. If the user chooses PayPal as their payment method, they will be redirected to www.paypal.it, where they will pay for the Products according to the procedure established and regulated by PayPal and the terms and conditions agreed upon by the user with PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with third parties. T-Data S.r.l. is therefore unable to access, and does not store in any way, the credit card details linked to the user's PayPal account or the details of any other payment instrument connected to that account.
13.8. In the event of termination of the purchase contract and in any other case of release and/or refund, for any reason, after pre-authorization or after the actual debit, respectively, pursuant to art. 13.9 below, the amount released or refunded will be released and/or credited to the user's PayPal account. The release time for the payment method linked to that account depends exclusively on PayPal and the banking system and, for some types of cards, may extend until their natural expiration, which is normally 30 days from the pre-authorization date. The time it takes for the funds to be re-credited to the payment method linked to the user's PayPal account also depends exclusively on PayPal and the banking system. Once the credit order has been placed to that account or, as the case may be, once the release request has been made, T-Data S.r.l. cannot be held responsible for any delays or omissions in the crediting and/or release. To dispute such delays, the user must contact PayPal directly.
C) Payment via ApplePay and GooglePay Wallets
13.9. Payment for Products purchased on a Site can be made using ApplePay or GooglePay. GooglePay and ApplePay payments. T-Data S.r.l. uses the Stripe platform.
The ApplePay or GooglePay payment method will be available during checkout only if properly configured on the customer's device. If the user chooses ApplePay or GooglePay as the payment method, the user will be redirected to the Stripe payment platform and payment for the Products will be made according to the contractual terms agreed upon by the user with ApplePay and GooglePay. Data transmitted to Stripe, ApplePay, and GooglePay will not be transmitted to or shared with T-Data S.r.l. T-Data S.r.l. is therefore unable to access, and does not store, any data associated with the user's ApplePay or GooglePay account.
C) Payment via Scalapay
13.10. Payment for Products purchased on a Site can be made using the Scalapay payment solution. Scalapay is an installment payment method that allows you to pay for your order in three interest-free installments.
By using Scalapay, the customer acknowledges that the installments will be assigned to Incremento SPV S.r.l., related parties, and their assignees, and that he or she authorizes such assignment.
If the user chooses Scalapay as the payment method, the user will be redirected to the Scalapay payment platform, and payment for the Products will be made in accordance with the contractual terms agreed upon by the user with Scalapay. The data entered on the Scalapay website will be processed directly by Scalapay and will not be transmitted or shared with T-Data S.r.l. T-Data S.r.l. is therefore unable to access, and does not store, the data associated with the user's Scalapay account in any way.
D) Payment by Bank Transfer
13.12 Payment for Products purchased on the Site may be made by advance bank transfer.
If the customer chooses bank transfer as the payment method, T-Data, upon receiving the order, will communicate the bank details for the transfer via email. The email will have the following subject: "communication of bank details".
Payment for Products by bank transfer must be received no later than 7 business days from the date of receipt of the "communication of bank details" email. If payment is not received within this period, the contract may be considered terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code. If T-Data chooses to terminate the contract, it will communicate this to the customer via email without delay.
For payment by advance bank transfer, delivery times will start from the date T-Data receives the transfer, not from the date the order is placed, as is the case with other payment methods.
To facilitate the connection between the payment received by bank transfer and the order placed, the customer is asked to indicate in the bank transfer reason:
the order reference number;
the order date;
the name and surname of the person placing the order, if different from the account holder of the transfer.
The customer is also advised to email T-Data the bank transfer receipt once it has been made.
E) Payment at a Distributor: Products purchased on the Site can be picked up at one of the Fazzini Home stores. By choosing this delivery method, you can pay only upon pickup in-store, in cash (up to the legal maximum), by debit card, credit card, or bank check (subject to Centax approval).
More information on payment upon pickup in-store.
F) Common Payment Provisions
13.13. Upon placing the order, T-Data S.r.l. will request the selected payment provider to use the Total Amount Due, calculated as indicated in Article 7.4 above. If the requested authorization is confirmed, the amount corresponding to that amount will be reserved and blocked, deducting it from the user's available funds ("Pre-Authorization"). The actual charge to the selected payment method will be made only upon Shipment of the Products ("Actual Charge").
14. Product Delivery
14.1 Products purchased through the Site may be delivered to the delivery address indicated by the user on the order form and to all countries listed in the "Select your Country" drop-down list. However, delivery can only be made within the country associated with the country in which the customer is browsing when adding a Product to the cart.
Delivery cannot be made to so-called "free zones," including, but not limited to, Livigno, Campione d'Italia, Ahvenanmaan lääni (Florence), Azores, Madeira (Portugal), Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife (Español), and the Channel Islands (UK), nor to PO boxes or post offices.
14.2 Access to and purchases through the Site are therefore permitted to all users, regardless of their nationality and/or place of residence and/or establishment.
14.3. Therefore, regardless of their nationality and/or place of residence and/or establishment, the user is required to enter a shipping address within the Delivery Country on the order form that is not a PO Box or Poste Resista. Orders containing a shipping address outside the Delivery Country or a shipping address that is a PO Box or Poste Resista, regardless of the user's nationality, place of residence and/or establishment, will be cancelled pursuant to and for the purposes of Article 1456 of the Italian Civil Code. The Total Amount Due for such orders will be refunded, in accordance with the terms and conditions set forth in Article 7.4 above, where applicable.
14.4 Home Delivery is subject to charges. Product shipping costs ("Shipping Costs"), as well as any other additional costs, are therefore the responsibility of the user, unless otherwise indicated on the Product Page or elsewhere on the Site. T-Data S.r.l. reserves the right to change the Shipping Costs, including offering free Shipping Costs, at any time, without notice. It is understood that the Shipping Costs applied to the user will be those indicated in the order summary, before the user is bound by the contract, and that any increases or decreases subsequent to the order being placed will not be taken into account. Where applicable, customs duties and taxes are the responsibility of the customer, and will not be refunded in the event of termination of the purchase contract for any reason. In any case, the amount due for non-refundable customs duties and taxes in the event of termination of the purchase agreement will be explicitly indicated in the purchase process, before the customer places the order. The specific amount of Shipping Costs and other charges, if applicable, will be expressly and separately indicated (including VAT) in the order summary and, in any case, before the user places the order, as well as in the order confirmation email.
14.4 Bis Pickup at a Distributor. In the "Shopping Cart" section, when finalizing payment, the customer can choose to pay and collect the order from a Distributor called "Fazzini Home Store." During the purchase process, it will be possible to view which stores offer this service, their addresses, and directions. By choosing this delivery method, you can pay only upon collection, at the store, in cash (up to the legal maximum), by debit card, credit card, or bank check (subject to Centax approval).
More information about paying for in-store pickup. The customer will be notified of the arrival of the Product at the store via email and SMS ("PRODUCTS AVAILABLE FOR IN-STORE PICKUP"). This may occur a few hours after placing the order if the product is already in stock in the store, or it may take 2 to 4 business days if the product is not available in the chosen store. In-store, the customer must go to the information desk to collect and pay for their order. To expedite the pickup process, please provide the operator with the order number contained in the SMS or email notification. The customer must collect the Product within 15 days of the first "Product Availability for Pickup" notification. After this date, the order will be considered cancelled. For some types of particularly bulky or heavy products, in-store pickup is not available; check the product data sheet for availability.
14.5 In the event of partial withdrawal from Multiple Orders and/or partial termination, for any reason, of the purchase contract relating to Multiple Orders, Shipping Costs will not be refunded. Their amount does not depend on the number of Products ordered or their weight, being calculated as a fixed amount that is independent of these two factors. Therefore, they may be attributed to the delivery of Products other than those subject to the withdrawal and/or partial termination. Shipping Costs will be refunded if the withdrawal or termination concerns all Products in the Multiple Order.
14.6 In the event of partial withdrawal from Multiple Orders and/or partial termination of the purchase contract relating to Multiple Orders, for reasons not attributable to T-Data S.r.l., if, as a result of the withdrawal or partial termination, the Total Amount Due falls below the threshold that, if applicable, allowed the user to benefit from free shipping, the Shipping Costs that would have been payable if shipping had not been free will be charged to the user and, consequently, deducted from the refund amount. These costs will be calculated based on the costs indicated on the "Shipping and Restrictions" page, accessible via the link of the same name in the footer of the Site and on the Product Page.
14.6bis The order summary and/or in any case, during the purchase process, before the user submits the order, will indicate the deadlines within which T-Data S.r.l. undertakes to deliver the Products ordered by the user, taking into account, in addition to the area and delivery method, the possibility that the user may purchase multiple Products in the same order ("Delivery Terms"). Delivery Terms begin on the business day following the conclusion of the contract (i.e., the placing of the order), unless otherwise specified. Delivery Terms will also be indicated in the order confirmation. If no Delivery Terms are specified, they will in any case be delivered within thirty days from the day following the conclusion of the contract. The delivery obligation is fulfilled by transferring physical possession or, in any case, control of the Products to the user. Delivery Terms are calculated considering only business days, excluding Saturdays, Sundays, and all national holidays in Italy.
14.6ter Home Delivery is considered to be at street level, unless otherwise specified on the Product Page. Orders will be processed Monday through Friday during normal office hours (9:00 a.m. to 6:00 p.m.), excluding national holidays in Italy and the Site's delivery country. Please note that, in the case of a Multiple Order, separate delivery is not possible; all Products in the Multiple Order will therefore be delivered simultaneously.
14.7 Upon Shipment, i.e., delivery of the purchased Products to the carrier, the user will receive an email confirming delivery of the Products to the carrier ("Shipping Confirmation Email"), which contains instructions for tracking the shipment, if applicable for the shipping method selected. Registered users can also track the shipment via the "Account" section, if applicable for the shipping method selected.
14.8 The user acknowledges that collecting the Product is a specific obligation under the purchase contract. In the event of non-delivery due to the recipient's absence at the address specified in the order form, the courier will leave a notice of delivery ("Notice of Delivery") for the recipient. The courier will then make a second delivery attempt the following day. After two unsuccessful delivery attempts, the package will be held in storage at the courier. The courier will then notify T-Data S.r.l. of the undelivered package, which, through Customer Service, will attempt to contact the user to resolve the undelivered package (for example, by arranging a new delivery attempt). In any case, after 10 working days from the second day following the day on which the Notice of Delivery was left, without it being possible to proceed, for any reason not attributable to T-Data S.r.l., with delivery (e.g.: attempted contact and/or further unsuccessful delivery attempt), the purchase contract will be deemed terminated by operation of law pursuant to and for the purposes of art. 1456 of the Italian Civil Code, with consequent reimbursement, within 15 working days of the termination of the contract, in the manner set out in art. 7.4 above, of the Total Amount Due, minus the Shipping Costs, since the delivery was not successful, for reasons attributable to the user, the storage costs, the costs of returning the Product to T-Data S.r.l. and any other costs incurred due to the failed delivery due to the recipient's absence. The delivery procedure, the terms for handling non-delivery due to the recipient's absence, and the consequences thereof will be reminded to the user in the Shipping Confirmation email.
14.9 In the event that the purchased Product is not delivered or is delivered late with respect to the Delivery Terms indicated during the purchase process and in the order confirmation, the user, pursuant to Article 61 of the Consumer Code, invites T-Data S.r.l. to make the delivery within an additional period appropriate to the circumstances ("Additional Period pursuant to Article 61, paragraph III, Consumer Code"). If this additional period expires without the Products being delivered, the user is entitled to terminate the contract ("Termination of the Contract pursuant to Article 61, paragraph III, Consumer Code"), without prejudice to the right to compensation for damages. The user is not burdened with the obligation to grant the Additional Period pursuant to Article 61, paragraph III, Consumer Code. 61, paragraph III, Consumer Code (“Excluded Cases”) if: a) T-Data S.r.l. has expressly refused to deliver the Products; b) compliance with the Delivery Term indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances surrounding the conclusion of the contract; c) the user has informed T-Data S.r.l, before the conclusion of the contract, that delivery by or on a specific date is essential. In the Excluded Cases, if the user does not receive the Products within the delivery term indicated during the purchase process and in the order confirmation, he or she is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages (“Termination of the Contract in Excluded Cases”). The indication of the Additional Term pursuant to art. 61, paragraph III, Consumer Code and the communication of Termination of the Contract pursuant to art. 61, paragraph III, of the Consumer Code or Termination of the Contract in the Excluded Cases must be communicated by the user to T-Data S.r.l. at the addresses indicated in art. 18 below. In the event of Termination of the Contract pursuant to art. 61, paragraph III, of the Consumer Code or Termination in the Excluded Cases, T-Data S.r.l. will refund the user the Total Amount Due without undue delay, and, in any case, no later than 15 working days from the termination of the contract, by crediting the same payment method used for the initial transaction.
14.10 In any case, T-Data S.r.l. undertakes to promptly notify the user by email of any delay in delivery ("Delay Notice"), simultaneously indicating a new delivery date, if available ("New Delivery Date") and, in the event that the user does not set the Additional Term pursuant to art. 61, paragraph III, of the Consumer Code or, if the conditions are met, to Terminate the Contract pursuant to art. 61, paragraph III, of the Consumer Code or to Terminate the Contract in the Excluded Cases, without prejudice to the user's right to avail themselves at any time of such remedies and/or the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, T-Data S.r.l. undertakes to, in the event of delivery with a delay exceeding [7] working days with respect to the New Delivery Term or, in any case, [10] working days with respect to the original Delivery Term, allow the user to refuse delivery and terminate the contract, with consequent reimbursement, in the manner indicated in Article 14.9 above, of the Total Amount Due, immediately and, in any case, within 15 working days of the request to terminate the contract or, alternatively, if the user does not wish to terminate the contract, reimburse the user for the Shipping Costs, plus, regardless of the user's choice, award the user, upon request, a purchase voucher proportional to the Total Amount Due.
14.11 The purchase vouchers referred to in Article 14.10 above will be recognized by activating a personalized code, which will be sent to the user by email, within [15] days of the day on which the conditions for their issuance occurred. They will be redeemable on the Site within a maximum of [3] months from their delivery.
14.12 In the event of failure to send the Notice of Delay or failure to set a New Delivery Deadline, all terms referred to in Article 14.10 above will run from the original Delivery Deadline. Acceptance of the New Delivery Deadline and/or the user's choices referred to in Article 14.10 above must be promptly communicated to T-Data S.r.l. by email to the address referred to in Article 18 below.
14.13 It is the user's responsibility to verify the condition of the Product delivered to them. It is understood that the risk of loss or damage to the Products, for reasons not attributable to T-Data S.r.l. is transferred to the user when the user, or a third party designated by the user and other than the carrier, physically takes possession of the Products. The user is advised to check the number of Products received and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials (adhesive tape). In their best interest, the user is invited to indicate any anomalies on the carrier's transport document, accepting the package with reservations. Receipt of the Products without reservations does not allow the user to take legal action against the courier in the event of loss or damage to the Products, except in the case where the loss or damage is due to fraud or gross negligence of the courier and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is discovered and no later than eight days after receipt. If the packaging shows obvious signs of tampering or alteration, the user is also advised to promptly notify Customer Service. In any case, the provisions regarding the right of withdrawal and the legal guarantee of conformity remain in effect.
14.14 Anyone who has failed to collect a package more than twice for different orders may not make purchases on the Site. Should such individuals place orders in violation of this provision, the purchase contract may be considered terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code. Termination of the contract will be communicated to the user via email. The user will be refunded the Total Amount Due according to the methods and timeframes set forth in Article 14.9 above.
14.15 In reminding users of the option of disposing of their used WEEE (Waste Electrical and Electronic Equipment) at local recycling centers or collection points, T-Data S.r.l., in compliance with the provisions of Legislative Decree No. 49 of March 14, 2014, offers free, one-for-one collection of the used equipment upon delivery of new electrical and electronic equipment to a household, provided that it is of an equivalent type to the new equipment supplied ("WEEE Service"). The Product Page indicates whether the Product is subject to WEEE; the appropriate link accessible from that page, as well as the "WEEE Information" link in the Site footer, provides users with all the information regarding the free collection procedures and how they can request such collection.
14.16 The WEEE Service, where necessary, will be provided as follows:
Once the purchase process has been completed and payment for the order has been made as indicated in Article 13 above, to request the WEEE Service, the user must send an email to fazzini.seller.esp@t-data.it with the subject "WEEE Collection" and the order number of the new equivalent device purchased.
If purchasing multiple products, the user must specify in the body of the email the quantity of products for which they wish to use the WEEE Service. This number cannot exceed the quantity of products purchased (for example, if you purchase one aroma diffuser, you can request the collection of one used aroma diffuser, but not one earphone or two aroma diffusers).
The user will then be contacted by the courier appointed by T-Data S.r.l. no later than seven working days after the WEEE Service request, in order to arrange a collection date;
WEEE collection, unless otherwise specified by the user, will take place no later than 30 working days from receipt of the request;
On the agreed-upon date, the user must have the used product ready for collection, packaged, and ready for collection from its location. Please note that the collection address for the equipment to be collected must match the delivery address for the new equipment purchased;
The user acknowledges that, if, during collection, it becomes apparent that the used equipment is not equivalent to the new equipment supplied, the courier appointed by T-Data S.r.l. will not collect the Product, and if such a discrepancy is evident from the WEEE Service request email, the courier will not contact the user;
Finally, the user is advised that, pursuant to art. 12, paragraph IV, Legislative Decree 49/2014, the collection of WEEE may be refused: (i) in the event that there is a risk of contamination of the personnel responsible for the collection; (ii) in the event that the WEEE is missing its essential components; (iii) in the event that the equipment for which collection has been requested contains waste other than WEEE.
15. Right of Withdrawal
15.1 Pursuant to Articles 52 et seq. of the Consumer Code, the user who is a consumer has the right to withdraw from the Product purchase contract without having to provide any reason and without incurring costs other than those set forth in Articles 15.6 and 15.9 below, within fourteen calendar days (the "Withdrawal Period"). The Withdrawal Period expires after 14 days:
a) for orders for a single Product, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the Products;
b) for orders for the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the last lot or piece.
15.2 To exercise the right of withdrawal, the user must inform T-Data S.r.l. of their decision to withdraw before the expiration of the Withdrawal Period. To this end, the user may:
a) use the standard withdrawal form ("Standard Withdrawal Form") made available on the Site, before concluding the contract via the "Right of Withdrawal" link, which is also accessible from the Product Page, as well as from the Site footer, and attached to the order confirmation email;
b) submit any other explicit declaration of their decision to withdraw from the contract ("Withdrawal Declaration").
15.3 T-Data S.r.l. offers the user the option to withdraw online by following the instructions provided via the "Returns" link, accessible from the Site footer. If the user exercises the right of withdrawal online, T-Data S.r.l. will promptly send the user an email confirming receipt of the withdrawal request. Please note that the user may be asked to indicate, if desired, the reason for the return; this indication is not mandatory; failure to indicate the reasons for the withdrawal will therefore have no impact on the exercise of the right of withdrawal.
15.4 The Withdrawal Declaration may also be sent to the following email address: fazzini.seller.esp@t-data.it.
15.5 The user has exercised his or her right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiration of the Withdrawal Period. If the user avails himself or herself of the Withdrawal Declaration, the consumer is invited to indicate in the Withdrawal Declaration the order number, the Product(s) for which he or she intends to exercise the right of withdrawal, and his or her address. Please note that, since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period falls on the user, it is in the user's interest to use a durable medium when communicating their withdrawal to T-Data S.r.l. In all cases of right of withdrawal, regardless of the method used, T-Data S.r.l. will send the user an email containing the RMA code. The user is asked to include this code on the outside of the package when returning the Product subject to withdrawal, in order to facilitate the connection between that Product and the original order ("RMA Code").
15.6 The user must return the Products to T-Data S.r.l., using a carrier of their choice and at their own expense, without undue delay and in any case within 14 calendar days from the date on which they notified T-Data S.r.l. of their decision to withdraw ("Return Deadline"). The Return Deadline is met if the user returns the Products before the expiration of the fourteen-day period. The Product, appropriately protected and packaged, must be returned to the following address: "T-Data_FZ modulo L1, Via Strasburgo 31, 41011 Campogalliano (MO)".
The direct costs of returning the Products are the responsibility of the user, including any customs fees, as well as responsibility for their transportation. For Products that by their nature cannot normally be returned by post, the standard withdrawal instructions ("Standard Withdrawal Instructions") will indicate the maximum estimated cost of the return, identified by Product type and based on the cost of delivery. The Standard Withdrawal Instructions, containing information on exercising the right of withdrawal, are made available to the user on the Site before the contract is concluded, via the "Returns" link, accessible from the Site footer. The return of Products is under the user's responsibility and expense. Please place the Product in its original packaging.
15.7 If the user withdraws from the contract, T-Data S.r.l. will refund the Total Amount Due or, in the case of Multiple Orders, the Partial Amount Due, including, in the first case, delivery costs, if applicable, without undue delay and, in any case, no later than 14 calendar days from the day on which T-Data S.r.l. has been informed of the user's decision to withdraw from the contract. The refund will be made using the same payment method or payment solution used by the user for the initial transaction, unless the user has expressly agreed otherwise. In any case, the user will not incur any fees as a result of this refund. T-Data S.r.l. may withhold the refund until receipt of the Products subject to withdrawal or until the user demonstrates that the Products have been returned, whichever is earlier. In the event of partial withdrawal from Multiple Orders, Shipping Costs will not be refunded, as they are attributable to the delivery of the Products for which the user has not exercised the right of withdrawal, for the reasons set out in Article 14.5 above.
15.8 The user is solely responsible for any diminished value of the goods resulting from handling of the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must be stored, handled, and inspected with reasonable diligence and returned intact, complete in all its parts, in perfect working order, complete with all accessories, instruction leaflets, identification tags, labels, and the disposable seal, if any, still attached to the Product, intact and untampered with, perfectly suitable for its intended use, free from signs of wear or dirt, and, if possible, in its original packaging. Furthermore, the right of withdrawal applies to the Product in its entirety. Therefore, it cannot be exercised in relation to parts and/or accessories of the Product.
15.9 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the Product, the refund amount may be reduced by an amount equal to such decrease in value. T-Data S.r.l. will be responsible for this circumstance and the resulting reduced refund amount. will notify the user within 5 business days of receiving the Product, providing the user, if a refund has already been paid, with the bank details for payment of the amount owed by the user due to the decrease in value of the Product.
15.10 If the withdrawal is not exercised in accordance with the applicable law, it will not result in termination of the contract and, consequently, will not entitle the user to any refund. T-Data S.r.l. will notify the user within 5 business days of receiving the Product, rejecting the withdrawal request. The Product will remain available for collection by the user, which must be done at the user's expense and under their own responsibility.
15.11 Users are reminded that the right of withdrawal is excluded in the cases referred to in Article 59 of the Consumer Code. If, due to one of the legal hypotheses, the right of withdrawal does not apply, this exclusion will be specifically and expressly communicated on the Product Page and/or, in any case, during the purchase process, before the user proceeds with the order submission.
16. Legal Guarantee
16.1. All products sold on the Site are covered by the legal guarantee of conformity pursuant to Articles 128-135-vicies-ter of the Consumer Code ("Legal Guarantee").
16.2. Who it applies to
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made purchases on the Site for purposes other than their business, commercial, artisanal, or professional activities. Those who have made purchases on the Site and who are not consumers will be covered by the guarantees for defects in the goods sold, the guarantee for lack of promised and essential qualities, and the other guarantees provided by the Civil Code, with their respective terms, forfeitures, and limitations.
16.3. When it applies
The seller (and, therefore, with regard to purchases made on the Site, T-Data S.r.l.) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of such delivery.
Unless proven otherwise, it is presumed that any defects of conformity that become apparent within twelve months of delivery of the product already existed on that date, unless this assumption is incompatible with the nature of the product or the nature of the defect of conformity. Starting from the thirteenth month following delivery of the product, the burden of proof will fall on the consumer to prove that the defect of conformity already existed at the time of delivery.
To benefit from the Legal Guarantee, the user must first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the user, for the purposes of such proof, to retain the order confirmation email or the purchase invoice, if requested, or the transport document or any other document that can certify the date of purchase (for example, a credit card statement or bank statement) and delivery.
Any action to assert defects not fraudulently concealed by the seller expires twenty-six months after delivery of the goods.
16.4 What is a lack of conformity?
A lack of conformity exists when the purchased good:
From a subjective perspective:
1. does not correspond to the contractual description, type, quantity, and quality and is not functional, compatible, and interoperable;
2. is not suitable for the particular use intended by the consumer, which was made known to the seller at the time of entering into the contract and which the seller accepted;
3. is not supplied with all accessories and instructions;
4. is not updated as provided for in the sales contract;
From an objective perspective:
1. is not suitable for the use for which goods of the same type are normally used;
2. does not conform to the description given by the seller and does not possess the qualities of the good that the seller presented to the consumer as a sample or model;
3. is not delivered with accessories, including packaging and installation instructions.
4. does not exhibit the usual quality and performance of a product of the same type, which the consumer can reasonably expect, also taking into account the statements made in advertising or on the labeling.
Therefore, any faults or malfunctions caused by accident or the user's responsibility, or by use of the product that is not in accordance with its intended use and/or as provided in the technical documentation accompanying the product, are excluded from the scope of the Legal Guarantee.
16.5 Remedies available to the user
In the event of a lack of conformity duly reported within the timeframe, the user is entitled:
primarily, to the free repair or replacement of the product, at his or her discretion, unless the requested remedy is objectively impossible or excessively costly compared to the other;
secondarily (i.e., in the event that the repair or replacement is impossible or excessively costly, or the repair or replacement was not completed within a reasonable timeframe, or the previously performed repair or replacement caused significant inconvenience to the consumer), to a price reduction or termination of the contract, at his or her discretion. The price reduction is proportional to the decrease in value of the good received by the consumer compared to the value it would have had if it had been compliant.
The requested remedy is excessively burdensome if it imposes unreasonable costs on the seller compared to alternative remedies that may be available, taking into account (i) the value the good would have if the lack of conformity did not exist; (ii) the extent of the lack of conformity; and (iii) the possibility that the alternative remedy could be implemented without significant inconvenience to the consumer.
16.6 What to do in the event of a lack of conformity
In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, exhibits what may be a lack of conformity, the user may either contact Customer Service at the contact details set out in Article 18 below, or directly follow the procedure indicated below. The user must follow the instructions provided via the "Returns" link, accessible from the Site footer, and indicate in the request description "Request for return under warranty" as well as a description of the defect. (i) if the defect is visible, attach photographic documentation to support the claim or, if the defect is not visible, a detailed description of the same; (ii) also attach a copy of the order confirmation and/or invoice, if requested. T-Data S.r.l. will promptly respond to the report of the alleged defect of conformity and, if, based on the documentation received, it believes that there is a well-founded suspicion that the complained defect of conformity may exist, without prejudice, on the one hand, to the rights granted to the user by law and, on the other, to the right of T-Data S.r.l. to ascertain the non-existence of the complained defect, T-Data S.r.l. will send the user a code ("RMA Code") to be reported on the outside of the package and included in the package together with the Product in question and will contact the user in order to arrange with the user the collection of the Product, at T-Data S.r.l.'s expense. Upon receiving the RMA code, the user must deliver the package (containing the reported Product) to the courier sent by T-Data S.r.l. on the agreed-upon day and time.
Upon receipt of the reported Product, T-Data S.r.l. will verify whether the reported defect exists. If it believes the defect exists:
a) if the remedy is repair of the Product, T-Data S.r.l. will repair the Product, including through third parties, specifically FAZZINI SRL, and will deliver the repaired Product to the user at its own expense within a maximum of 60 business days from the date it became aware of the complaint and received the Legal Warranty Request Form;
b) if the remedy is replacement of the Product, T-Data S.r.l. will terminate the purchase agreement and refund the Total Amount Due paid by the user, using the same payment method used for the initial transaction, within a maximum of 60 business days from the date on which it became aware of the notification and received the Legal Guarantee Request Form. The user must then place a new order for the replacement Product through the Site, paying for it as indicated in Article 13 above. T-Data S.r.l. will then, at its own expense, deliver the replacement Product to the user within the delivery timeframe indicated during the purchase process and reimburse the user for the Shipping Costs associated with the replacement Product order by issuing a voucher for the corresponding amount. Article 14.11 above applies to this voucher.
However, if T-Data S.r.l., having received the Product in question, believes, following verification, that the complained defect does not exist, it will notify the user by email and contact them to agree on the terms of collection or delivery of the Product, which must take place at the user's expense and under his/her responsibility, without prejudice to the user's rights recognized by law.
17. Manufacturer's Standard Warranty
17.1 Products sold on the Site may, depending on their nature, be covered by a standard warranty provided by the manufacturer ("Standard Warranty"). The user may assert this warranty only against the manufacturer. The duration, scope (including territorial scope), conditions, and terms of use, the types of damage/defects covered, and any limitations of the Standard Warranty depend on the manufacturer and are indicated in the warranty certificate included in the product packaging. The Standard Warranty is voluntary and does not replace, limit, prejudice, or exclude the Legal Warranty.
18. Customer Service and Complaints
18.1 You may request information, send communications, or submit complaints by contacting customer service ("Customer Service") as follows:
by email, at fazzini.seller.esp@t-data.it
via the Site, by accessing the "Contact Us" section and/or via "live chat" at the bottom left of all pages of the Site.
18.2 T-Data S.r.l. will respond to complaints by email or post within [5] business days of receiving the request.
19. Applicable Law and Jurisdiction
19.1 The purchase contract concluded through the Site is governed by Italian law.
19.2 Any more favorable and mandatory provisions of the law of the country in which they have their habitual residence shall apply to consumer users who do not have their habitual residence in Italy, particularly with regard to the deadline for exercising the right of withdrawal, the deadline for returning the Products, if such right is exercised, the methods and formalities for communicating such right, and the legal guarantee of conformity.
19.3 Please note that for consumer users, any disputes relating to the application, execution, and interpretation of these General Terms and Conditions of Sale shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.
20. Alternative Dispute Resolution (ADR/ODR)
20.1 Pursuant to Article 141-sexies, paragraph III, of the Consumer Code, T-Data S.r.l. informs the user who qualifies as a consumer pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that, in the event that the user has submitted a complaint directly to T-Data S.r.l., following which it has not been possible to resolve the dispute, T-Data S.r.l. will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not the user intends to avail themselves of such bodies to resolve the dispute.
20.2 T-Data S.r.l. Furthermore, the Company informs users who qualify as consumers pursuant to Article 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/; through the ODR platform, consumers can consult the list of ADR entities, find the link to each entity's website, and initiate an online dispute resolution procedure.
20.3 In any case, the consumer retains the right to bring a dispute arising from these General Terms and Conditions of Sale before the competent ordinary court, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions are met, of initiating an out-of-court resolution of consumer disputes through the procedures set forth in Part V, Title II-bis of the Consumer Code.
20.4 Furthermore, for any cross-border dispute relating to the application, execution, and interpretation of T-Data s.r.l.'s General Terms and Conditions of Sale, the user, who habitually resides or is domiciled in a member state of the European Union other than Italy, may introduce the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007, before the competent court, provided that the value of the dispute, excluding interest, fees, and costs, does not exceed €5,000.00 on the date the competent court receives the application form. The text of the Regulation is available at https://eur-lex.europa.eu/eli/reg/2007/861/oj.