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Terms of service

GENERAL TERMS AND CONDITIONS OF SALE

The following General Terms and Conditions of Sale govern the offer and sale of Products on the website www.fighterworstland.it, owned by Annabella S.p.A. Users are required to carefully read these General Terms and Conditions of Sale available on www.fighterworstland.it in the Terms and Conditions section.

 

1. Scope of application 

The sale of products through the website www.fighterworstland.it constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree of 6 September 2005 no. 206 (“Consumer Code”) and by Legislative Decree of 9 April 2003 no. 70 regulating electronic commerce. The following provisions (hereinafter the “General Terms”) govern the commercial relationship between Annabella S.p.A. and the users (hereinafter “Users”) of this e-commerce site (hereinafter the “E-Shop”) for the purchase and sale of the products offered through the E-Shop (hereinafter the “Products”). Any contractual terms proposed by the User and deviating from these General Terms shall not apply unless expressly accepted in writing by Annabella S.p.A. The applicable General Terms of Sale are those in force on the date the purchase order is submitted. The General Terms of Sale may be amended at any time and shall become effective from the moment of their publication; for this reason, Users are invited to verify and consult the most updated version of the General Terms of Sale in the “Terms and Conditions” section of the Website at each purchase. The description of the Products provided in the E-Shop is complete and exhaustive. Under no circumstances shall Annabella S.p.A. be liable for any non-conforming product descriptions communicated to the public by its employees or agents or by third-party resellers. Annabella S.p.A. will make every effort to ensure that the E-Shop service is not interrupted. However, even with the utmost diligence, downtime cannot be excluded. Annabella S.p.A. reserves the right to modify and suspend the service at any time. The information contained in this E-Shop is subject to change by Annabella S.p.A. and includes only general information intended for Users. The E-Shop uses cookies to monitor User preferences. The privacy document contains further information on the use of cookies. Neither Annabella S.p.A. nor any third party guarantees the accuracy, completeness or up-to-date nature of the information and materials contained in the E-Shop. Users acknowledge and accept that the information and materials contained in this E-Shop may include inaccuracies and/or errors and, therefore and to the extent permitted by applicable law, any liability of Annabella S.p.A. for such inaccuracies and/or errors is expressly excluded. The use by the User of the information contained in this E-Shop is at the sole responsibility of the User, and Annabella S.p.A. shall not be liable for any use made by the User of such information. Furthermore, the User is responsible for verifying that the services and Products offered within the E-Shop are suitable and appropriate to the User’s needs, and such verification shall not imply any liability on the part of Annabella S.p.A. This E-Shop contains materials owned by Annabella S.p.A. or used by Annabella S.p.A. under a specific licence. Such materials include, by way of example and not limitation, design, graphics and the overall appearance of the E-Shop and are protected by copyright and/or other intellectual property rights. Therefore, reproduction of the E-Shop is prohibited. Unauthorized use of this E-Shop may result in claims for damages and/or constitute a criminal offense. This E-Shop may contain links to external websites. These links are provided solely for the convenience of Users in order to provide additional information. Annabella S.p.A. assumes no responsibility for the content of external websites linked through such links. The inclusion of links does not imply acknowledgement or approval by Annabella S.p.A. of the linked websites or their content, which remain the sole responsibility of the operators of such linked websites.

 

2. Conclusion of the contract

The mere use of the E-Shop by the User is not sufficient for the conclusion of a contract between the User and Annabella S.p.A. and therefore gives rise to no contractual or non-contractual claims against Annabella S.p.A. In order to place an order, Users must register and access the E-Shop by providing an email address and password (“Access Credentials”). Registration of User data is carried out solely for the purpose of enabling Annabella S.p.A. to manage the purchasing procedure and related payment and does not constitute a contract. To complete registration correctly, all mandatory fields must be filled in. Users are prohibited from entering false and/or invented and/or fictitious information in the registration procedure required to access the E-Shop. Users are responsible for any activity carried out (including by third parties) through the use of their Access Credentials and shall promptly inform Annabella S.p.A. of any misuse or unauthorized access by third parties. The display of Products in the E-Shop does not constitute a contractual offer by Annabella S.p.A. but merely an invitation to submit an offer. The order submitted by the User by clicking the “place order” button within the “Checkout” section (“Order”) constitutes a contractual offer to purchase. After receiving the Order, Annabella S.p.A. will send an email to the address provided by the User confirming receipt of the Order and specifying its details (“Order Receipt Confirmation”). Such Order Receipt Confirmation does not constitute acceptance of the User’s Order, but solely confirms that Annabella S.p.A. has properly received the Order. The sales contract between the User and Annabella S.p.A. is concluded only when Annabella S.p.A. notifies the User by email that the Order has been accepted and the Product has been shipped (“Shipping Confirmation”). Access to sales made through the Website is reserved exclusively for Users who are at least 18 years old.

 

3. Right of withdrawal

Exercise of the Right of Withdrawal The User may withdraw from the order no later than 14 (fourteen) days from the date of receipt of the Product. Return shipping costs are free in Italy and at the customer’s expense for the rest of the world. Withdrawal must be exercised by: a) written notice sent to Annabella S.p.A., Veregrense Strada Provinciale, 94, 63812 Montegranaro (FM), Italy by registered letter with return receipt (raccomandata A/R) within the above term; or alternatively b) written notice sent by email to customer@fighterworstland.com within the above term. The Product must be returned in the same conditions as received and in its original packaging. Our customer care department will notify the User by email of the return pickup date at the shipping address used for the order. These General Terms do not exclude the User’s obligation to preserve the Products after delivery and to return them intact. The withdrawal notice and/or the returned Product must be sent to Annabella S.p.A. If the right of withdrawal has not been exercised in accordance with applicable regulations, it shall not result in termination of the contract and therefore shall not entitle the User to any refund. Annabella S.p.A. will inform the User within 5 working days from receipt of the Product, rejecting the withdrawal request. If the Product has already been received by Annabella S.p.A., it will remain available for collection by the User, at the User’s expense and under the User’s responsibility. Users are reminded that, pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded, among other cases, when the sale concerns:

  • made-to-measure or clearly personalized products;
  • products that risk deteriorating or expiring rapidly;
  • vouchers or intangible goods where the company cannot verify the actual use by the user;
  • sealed audio or video recordings or sealed computer software opened by the consumer after delivery;
  • newspapers, periodicals and magazines.

 

4. Consequences of withdrawal

Where the right of withdrawal has been validly exercised by the User, Annabella S.p.A. shall refund the User the price paid within 14 (fourteen) days from the withdrawal, including delivery costs incurred for shipment of the Product. The term starts from the date of receipt of the withdrawal communication. If the Products are not returned, in whole or in part, or if they are returned damaged, Annabella S.p.A. shall be entitled to claim damages from the User.

 

5. Payment methods, prices and shipping costs

Prices shown on the E-Shop include VAT. The final price is the one indicated in the E-Shop at the time the order is placed. The VAT amount is separately specified in the accompanying invoice sent with the Product. Shipping costs are indicated in the E-Shop. To ensure safe, fast and reliable deliveries, we entrust shipments to top-quality and reliable logistics partners, enabling us to guarantee quick delivery times. Delivery will be made at street level. Annabella S.p.A. has made reasonable efforts to process an Order within 4 (four) working days from receipt of the Order. Courier service operates from Monday to Friday, from 9:00 a.m. to 5:00 p.m. Orders received on Saturdays, Sundays or public holidays will be processed from the first following working day. Unless unforeseen events beyond the control of Annabella S.p.A. occur, the Product will be delivered to the User within 5 (five) days from handing over to the courier. This delivery term is indicative and not binding. Annabella S.p.A. assumes no responsibility for any damages caused by delivery delays. If the courier is unable to deliver to the delivery address provided by the User, a second delivery attempt will be made to the same address. If delivery fails again, the Product will be stored at the courier’s warehouse closest to the delivery address, and the User will receive a notice with instructions for collection. Payment for the Order may be made through one of the following methods:

  • Advance bank transfer: during checkout the User may select bank transfer as payment method. The IBAN will be provided upon order confirmation. Order processing may be slower compared to other payment methods, as shipping times start from the date the bank transfer is received. Annabella S.p.A. reserves the right to cancel the order if payment is not made within 7 days from the order date.
  • Credit cards: this payment method speeds up order processing. Payments can be made securely with just a few clicks, wherever you are and at any time. To prevent unauthorized use, this method uses the 3D Secure service, a protocol linking the card to a 6-digit security code sent via SMS by the customer’s bank. To complete the purchase, the 6 digits must be entered during checkout.
  • PayPal: a secure and easy payment system which, in Express mode, allows checkout without logging in to our site. Payments can be completed in a few simple steps without re-entering financial information already stored in PayPal. PayPal also allows payment with credit cards without having a PayPal account, by clicking “Don’t have a PayPal account?”, with no obligation to register and no additional costs. At the time of purchase, PayPal will immediately charge the amount of the order.

 

6. Retention of title

Until full payment of the price and any other amounts owed to Annabella S.p.A., the delivered Product remains the property of Annabella S.p.A., and the User may not dispose of it or use it.

 

7. Liability for defects

If the User believes that the Product does not conform to the Contract or is defective, the User shall promptly notify Annabella S.p.A. through the relevant section of the E-Shop (“Complaint Form”), specifying the Product and the defects or non-conformities found. The contested Product must be returned to Annabella S.p.A. together with a printed copy of the Complaint Form. Annabella S.p.A. will examine the contested Product and notify the User by email whether the User is entitled to a refund or replacement. Any refund will cover the purchase price paid by the User and any return shipping costs to Annabella S.p.A. The refund or replacement will be carried out within 30 (thirty) days from the email notice in which Annabella S.p.A. informs the User that they are entitled to a refund or replacement. If no lack of conformity is found, the Legal Warranty cannot be applied and repair and shipping costs shall be borne by the User. Annabella S.p.A. will inform the User of this circumstance and any costs to be incurred and reserves the right to send the User a repair estimate so that the User may decide whether to proceed with repairs at their own expense. The User must authorize the repair at their own expense and accept the costs and payment terms in writing. Annabella S.p.A. is not responsible for defects caused by delivery carried out by third parties, except as provided under Article VII. Annabella S.p.A. is not responsible for damage resulting from improper use of the Product, alteration, normal wear and tear, or negligence in Product care. The above shall not prejudice the User’s rights under applicable law.

 

8. Liability for breach of contract

Annabella S.p.A.’s liability for breach of contract is limited to compensation for direct damages resulting from such breach and, in any case, is limited to the price of the Product. 9. Non-contractual liability In the event of willful misconduct or gross negligence, Annabella S.p.A. shall be liable as provided by law. To the extent permitted by law, Annabella S.p.A. shall not be liable for indirect damages caused by the delivered Product (consequential losses), including but not limited to damage caused to other goods. Compensation for indirect damages and any other compensation claims against Annabella S.p.A. not covered by Articles VII and VIII of these General Terms is expressly excluded, except for liability imposed by law in the event of injury or death.

 

10. Copyright and trademarks

All content published on www.fighterworstland.it, including texts, documents, logos, images, graphics, videos, their layout and adaptations, is subject to intellectual property laws and protected by copyright. It is not allowed to copy, alter, translate, distribute, use, store, or publish this content on other websites without prior written authorization from Annabella S.p.A. Any content and contributions provided by third parties are marked as such. Downloading, viewing and printing content from this E-Shop is permitted only for personal use and excludes any right or claim by the User over such materials. The Fighter trademark is a registered trademark owned by Annabella S.p.A. and represents the company identity under which it operates in the market.

 

11. Final provisions

Without prejudice to legal limitations, any claim by the User arising from breach of contractual or other obligations by Annabella S.p.A. is excluded in case of force majeure events, including but not limited to mobilization, war, rebellion and similar events such as fire, accidents, strikes, embargoes or export restrictions, or other events not attributable to Annabella S.p.A. Failure by Annabella S.p.A. to exercise any rights arising from these General Terms does not imply waiver of such rights and does not prevent Annabella S.p.A. from enforcing such rights later. Therefore, the User is not relieved of the obligation to perform fully and punctually all obligations under these General Terms. Disputes arising from these General Terms shall be subject to the jurisdiction of the courts of the User’s place of residence or, at the User’s option or initiative, the jurisdiction of the Court of Fermo. These General Terms of Sale are governed by Italian law, including the Consumer Code and the E-Commerce law referred to in Legislative Decree 9 April 2003, no. 70. In any case, without prejudice to rights under mandatory rules, the mandatory provisions of the User’s country of residence shall apply. The invalidity or ineffectiveness of any clause shall not entail invalidity or ineffectiveness of the entire General Terms, which shall remain fully effective and binding. The parties undertake to negotiate in good faith and replace invalid or ineffective clauses with valid clauses whose content is consistent with the original intent. Amendments and additions to these General Terms must be made in writing; communications and any declarations relating to the contractual relationship must be made in writing and sent to the address of Annabella S.p.A. indicated above and to the User’s address indicated for delivery of the Products.

 

12. Privacy

Pursuant to Legislative Decree no. 196/2003 and EU Regulation 2016/679 (GDPR), personal data and information relating to the purchaser which Annabella S.p.A. will acquire as a result of the contractual relationship governed by these General Terms of Sale will be processed in compliance with applicable privacy laws and will be stored and used exclusively for purposes related to the sale of the Products covered by these General Terms. Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the purchaser acknowledges having carefully read, understood, accepted and specifically approved the clauses set out in Articles: 2 (Conclusion of the contract), 3 (Right of withdrawal), 4 (Consequences of withdrawal), 5 (Payment methods, prices and shipping costs), 6 (Retention of title), 7 (Liability for defects), 8 (Liability for breach of contract), 9 (Non-contractual liability), 10 (Copyright and trademarks), 11 (Final provisions) and 12 (Privacy).