IAFIL

Terms of Sale

INTRODUCTION

These General Terms of Sale regulate the B2B sales contracts carried out electronically of the products presented on the www.iafil.it website owned by IAFIL INDUSTRIA AMBROSIANA FILATI SPA, with registered office in Milan (MI), Italy, Via dei Ciclamini 3, VAT n° 00736200155, registered in the Company Register of the Milan-Monza-Brianza-Lodi Chamber of Commerce (Italy), REA (Economic and Administrative Index) n° MI-405294.

These General Terms of Sale are governed by the legislation on electronic commerce (Italian Legislative Decree no. 70/2003) and by Italian Legislative Decree no. 50/1992, Italian Legislative Decree no. 114/1998, Italian Legislative Decree no. 185/1999, Italian Legislative Decree no. 21/2014, and apply exclusively to sales made on the Internet (Online Sale), where the purchaser is a private individual who purchases for personal reasons, as defined in Article 1, letter b) of this Contract.

TERMS OF SALE

1. Definitions

The following definitions apply in these General Terms of Sale:

a. The Seller shall mean IAFIL INDUSTRIA AMBROSIANA FILATI SPA.

b. The Customer shall mean any natural or legal person acting in the name and on behalf of a company, body, association or sole trader with a valid VAT number.

c. The General Terms of Sale are the rules governing the sales contract entered into by the Seller and the Customer using the www.iafil.it website or by e-mail.

d. Contract shall mean these General Terms of Sale.

e. Website shall mean the www.iafil.it website, which belongs to the Seller, where the Customer can make online purchases.

f. E-mail shall mean the electronic mail tool through which the Seller and the Customer communicate and/or may make purchase orders.

g. Purchase order shall mean the purchase order sent by the Customer using the Seller’s Website and relative to one or more products that cannot be directly purchased on the website, following the order procedure present on the www.iafil.it website and in Art. 5 of this contract or via E-mail.

h. Purchase shall mean the action of making a purchase that can be completed directly on the website.

i. Order Confirmation shall mean the e-mail message sent by the Seller informing the Customer that the Purchase Order made on the www.iafil.it website has been accepted.

j. Purchase confirmation shall mean the e-mail message sent by:

– the Seller (if the payment is made by bank transfer)

– the payment platform chosen by the Customer to make a credit card payment.

k. Product or Products are the products described on the Website and that the Customer can purchase.

2. Subject of the contract

Online Sale. These General Conditions of Online Sale apply to all Orders relating to the purchase or all purchases of Products made by Customers, as defined above in Article 1 letter b), using the www.iafil.it Website or via E-mail.

The subject of the contract is the purchase and sale of knitting yarns, in Stock Service or based on production orders, which the Seller offers for sale on the www.iafil.it Website or presents through offers sent via e-mail.

3. Products

Product description. Each Product includes an information sheet with a picture of the knitted yarn, the solid or mélange colours available, the product characteristics and care advice. The colours of the products offered for sale on the Website may not correspond to the actual colours owing to the Internet browser and/or monitor/device used. The Seller will not be liable for any inaccuracies caused by specific configurations or malfunction of the Customer’s computer/device. When products are offered for sale via E-mail, the E-mail will include detailed information on such products.

The Seller may delete and/or replace the products described on the Website at any time and without prior notice.

4. Prices

Product prices listed in the Shop section are expressed in euro, US dollars or pounds sterling and are net of VAT. It is the Customer’s responsibility to select the currency he/she wishes to use from the drop-down menu. By default, prices are shown in euro.

Variation in product price. The prices of the products published on the Website may be updated and therefore may be subject to changes. The Customer shall purchase the products at the price shown on the Website at the time the order is submitted, or the direct purchase is made. Variations shall not constitute grounds for claims. In offers sent by E-mail, the Customer shall purchase the products at the price indicated in the offer and accepted by the Customer.

Promotional offers. The Seller reserves the right to run different promotional offers based on, for example, products, seasonality, etc.

Shipping costs and surcharges. The product prices in the SHOP section indicate, after a case-by-case calculation, the shipping costs and the costs due to the surcharges, applicable in accordance with the quantity of goods ordered or purchased directly (the surcharge scheme can be viewed by clicking the letter i  – information – next to “Supplements”).

The charges associated with PayPal payments are indicated on the PayPal Terms of Use (https://www.paypal.com/us/webapps/mpp/ua/useragreement-full)

5. Purchase order and online purchase

Registration on the Website. To order or purchase one or more products, the Customer must register on the www.iafil.it Website and provide the Seller with all the data necessary to allow the fulfilment of the Order or to make the Direct Purchase. The data shall be processed in accordance with the GDPR 2016/679 (known as the Privacy Code) on personal data protection. The Seller may request a Chamber of Commerce certificate or other equivalent document to determine the exact identity of the Customer. After receiving the Customer’s data, the Seller shall promptly send an e-mail to the Customer, containing the account details and the authentication procedure the Customer should follow to access the “SHOP” section of the Website. The Customer is solely liable for keeping his/her Login and Password confidential (the Seller will not be able to know the password) and is also liable for any activities carried out while using the Website, after log-in. Each customer Login and Password combination is unique: the Customer is responsible for not sharing and/or not allowing the use of his/her account by other people outside of his/her company profile. If the Seller incurs any damage due to non-compliance with this clause, the Seller shall consider whether to claim for compensation against the Customer.

Placing the online order. For the products under the “ORDER” icon, the order can be placed by e-mail request. The Seller will contact the Customer to finalise the order, which will be placed by e-mail after the Customer provides all the data necessary for the Seller to accept and fulfil the Order.

Online Purchase. For products under the “SHOP” icon, purchases are made online through the procedure on the Website and exclusively by Customers as defined above in Art. 1 letter b). The Customer can select the products he/she wishes to purchase by putting them in the “Shopping bag”, the contents of which can always be viewed before payment. Throughout the purchase phase and until payment, the Customer may modify the data he/she has entered.

Acceptance of the General Terms of Sale. By sending his/her order or before paying for his/her purchase, the Customer shall declare that he/she has read and accepted the General Terms of Sale on the Website and that he/she has read all the information provided to him/her during the purchase process.

Online Order Confirmation. Once the Seller has received the order for products that cannot be purchased directly on the www.iafil.it website, a pop-up will automatically be shown on the website informing the Customer that his/her order has been successfully placed. An e-mail will then be sent to the address provided by the Customer, containing the order number, new confirmation that the order has been sent successfully, a summary of the products chosen by the Customer and their prices including VAT (if unduly applied, VAT will be reversed when the order is finalised). This e-mail will also inform the Customer that he/she will be contacted by the Seller’s Sales Office to arrange delivery times and payment methods.

Non-availability of Products. The Seller does not guarantee the full availability of the products listed on the Website. If the products are not available, the Seller will notify the Customer by e-mail and suggest an alternative product. If the ordered products cannot be shipped, the Customer will be entitled to a full refund of the sums paid.

6. Payment of the order

Payment methods. The purchasing Customer can pay using one of the following methods: credit card via PayPal or bank transfer.

Payment by credit card. Payment by credit card shall be made through PayPal, using the credit cards accepted by PayPal. The costs associated with the payment system are specified in the terms of use of the payment system service itself, and the Seller declares it is not involved in their definition or acceptance, nor is it involved in the security of online transactions guaranteed by the Supplier, namely the third-party software. If the purchase is completed using this payment platform, the Seller is not liable for any interruptions, suspensions or incidents related to the provision of the service by PayPal.

Payment by bank transfer. The payment by bank transfer postpones the execution of the contract to the moment of the actual crediting in the Seller’s bank account. The Customer will receive an e-mail with the Seller’s bank particulars to which the payment should be made; the Customer shall enter the company business name and the order number in the Purpose of payment section.

7. Products delivery

Shipping methods and terms. Orders are shipped through express couriers. Delivery is made by the courier on the ground floor unless otherwise agreed between the Seller and the Customer. The goods are shipped at the Customer’s risk. The Seller shall ship the goods to a single location indicated by the Customer during the online purchase procedure or by e-mail.

Failure to collect the Products. If the delivery cannot be completed owing to the Customer’s absence at the indicated address, the courier will leave a note or will phone the Customer to arrange a second delivery or for the Customer to collect the goods from one of the nearest branches of the Carrier.

Non-delivery or delayed delivery due to force majeure. The Seller assumes no liability for non-delivery or delayed delivery due to force majeure, including but not limited to strikes, measures by Public Authorities, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, earthquakes, wars, insurrections. The Seller shall promptly notify the Customer of the occurrence and end of a force majeure event.

Instructions for collecting the goods. Upon receiving the goods and before signing the document for the Courier delivering the goods, carefully check that the number of packages delivered matches the number mentioned on the transportation note. Also check the physical condition of the packages, ensuring that they have not been tampered with and/or damaged. In the event of any problems, mark the parcels as ACCEPTED, SUBJECT TO VERIFICATION, by entering the reason directly on the delivery note (e.g., missing parcel, broken parcel, parcel has been tampered with, etc.). If this procedure is not carried out, the Customer will have no right to claim damages against the carrier.

8. Warranties

Supply defects. The Customer shall report the presence of defects in the supplied goods within 5 days from the date of delivery of the items, by sending a certified e-mail to iafil@pec.it – After-Sales Service Department. After this deadline, the Customer shall be deemed to have accepted the items. If item quantity, colour and type do not match the order sent, this shall be considered a supply defect. At any rate, the Customer shall send the goods deemed non-conforming, at his/her own expense, to IAFIL INDUSTRIA AMBROSIANA FILATI SPA – Ufficio Assistenza Post Vendita – Via dei Ciclamini 3, 20147 Milano (MI), Italy. A subsequent check by the Seller will determine whether the goods can be returned. If a lack of conformity is found, the Seller shall undertake to arrange a new delivery of the same amount or a refund to the Customer for the defective goods; the refund shall be made with the same payment method used by the Customer to pay for the order. If the Seller does not find any defects that justify the claim, the goods shall remain at the Seller’s premises pending collection by the Customer.

Right of withdrawal. Professional Customers do not have the right of withdrawal: the Customer uses the Iafil website within the scope of his/her commercial or professional activity. Therefore, the provisions of Italian Legislative Decree 206/2005 on consumer protection do not apply.

Applicable law. The sales contract between the Seller and the Customer is entered into in Italy and is governed by Italian law.

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