Terms and conditions
Premise
The offer of this online store is proposed by the company Fibe srl. in compliance with current regulations on e-commerce and distance contracts.
Fibe srl is an official authorized dealer of all the Brands on the site.
Company data:
Fibe srl
Viale Aguggiari, 77 – Varese (VA)
P.I. 0
+39 0332 335152
E-mail: FibeSrl@gmail.com
The Customer declares to have read all the above information and general conditions of sale before placing the order.
General conditions of Sale
These general conditions regulate the methods of sale of the products marketed by Fibe (the “Products”).
All contracts for the sale of Products by Fibe srl to third parties (the “Customers”) are governed by these General Conditions, which form an integral and substantial part of each proposal, order and confirmation of the purchase order of the Products . The sales conditions applicable to orders are those in force on the date of the order.
1. Products: prices and features
1.1 Unless otherwise indicated, the prices of the Products published on the site by Fibe srl are expressed in Euro and include VAT. Shipping costs are excluded.
Shipments outside the European Community (outside the EU) are also net of any customs duties, which will be charged to the recipient and will be requested by the shipper at the time of delivery.
The price guaranteed to the buyer is the one published on the Website at the time the order is placed. The price established for purchase is fixed and final.
The prices of Products from time to time published by Mollura & C. srl on the site cancel and replace the previous ones and are subject to the actual availability of the Products.
The technical and functional characteristics related to the Products, published by Fibe srl through their informative messages on the internet pages describing the articles, are those communicated by the respective producers. Fibe srl assumes no responsibility for the truthfulness and completeness of such information. The images of the products are indicative and not binding.
The Products are not supplied on trial. Although Fibe operators can provide information on the characteristics of the Products, the Customer is responsible for the selection of the Products ordered and for the correspondence and conformity to their needs of the specifications indicated by each manufacturer.
2. Orders – billing
Each order of Products sent to Fibe srl constitutes a contractual proposal of the Customer. The evasion of the order by Fibe srl is equivalent to confirmation and acceptance of the same.
The fiscal documentation relating to the Products ordered will be issued by Fibe srl at the time of shipment of the Products to the Customer.
The Customer must indicate the exact data necessary for the billing and specify the shipping address of the invoice.
3. Execution of the order
The order will be executed in the terms specified on the Site.
Once confirmed, the order can be canceled only within 24 hours, after which the customer has the obligation to pay. In accordance with the relevant laws, the customer can, however, return the order within 14 days, following our Return Policy (see point 9).
In case of non-execution of the order by Fibe srl (if the same is due to unavailability of the Products ordered by the Customer), Fibe srl will inform as soon as possible the Customer of the expected delivery times for the supply of the missing Product . If the Customer does not intend to wait for such time, in any case no more than 30 working days, Fibe srl will reimburse the sums already paid by the latter for the supply not carried out.
In case of breakage, stock exhaustion or unavailability of the ordered Product, Fibe srl undertakes to inform the Customer as soon as possible and to specify a deadline for availability.
The Customer will confirm by e-mail his choice, ie wait for the availability of the Product or request a refund.
4. Order acceptance
The conclusion of the contract will take place only at the time of confirmation of the order by Fibe srl.
The Customer will receive by fax, post or e-mail a notification of receipt showing the order confirmation with all the elements constituting the contract (products ordered, prices, delivery dates, shipping costs, …)
Mollura & C. srl reserves the right not to confirm an order for any reason relating in particular to a problem regarding the order received, an error in the price shown on the product page of the on-line site or the Products supply.
In this circumstance or the like, Fibe srl reserves the right to inform the customer who will decide whether to maintain the order or cancel it and to have the entire amount paid back.
5. Delivery of Products
The Products are delivered to the address indicated by the Customer.
Shipments will take place after receiving confirmation of payments: for bank transfer, credit is credited to our current account, for payment by credit card confirmation of successful transaction by the circuit.
For our shipments we rely on the service of express couriers such as Bartolini, SDA, UPS, DHL or Couriers specialized in the delivery of furniture and furnishings to ensure the quality of service and integrity of the Products.
Delivery time
Normally deliveries take place within 24/48 hours for Italy and 2/6 days for other destinations only for products available in stock. Shipping times are shown in working days.
The delivery time of an order containing items with different delivery times is equal to the shipping term greater than the items in order. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse the delivery of the Products, nor to claim compensation or indemnity of any kind.
Fibe srl has the right to make, if it deems it appropriate, the request for delivery of the Products (including relative to the same order) in several successive stages.
Delivery is considered as executed from the moment the Product is delivered to the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transportation and release of the goods.
Delivery to the Plan and Assembly
Deliveries are intended exclusively on the street level and there is no provision for the collection of used items.
Special terms and conditions of delivery must be previously agreed between the Customer and Fibe srl and accepted in writing by Fibe srl.
Fibe srl does not offer assembly services unless previously agreed in writing.
Most of our products travel pre-assembled : assembly is in most cases quite simple and consists in assembling already defined pieces.
It is important to know that:
Upon delivery, the Customer must verify the content, compliance and status of the Product (s). Therefore, upon delivery, Fibe srl recommends to the Customer to proceed with the verification of the status of the Products delivered before signing the acknowledgment of receipt, and to ascertain in particular:
– that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;
– that the packaging is intact, undamaged, wet or otherwise altered, and to check the integrity of the contents.
If the Customer ascertains anomalies, he is obliged to refuse the delivery of the products or to put his reservations in writing in a detailed and dated document. If the courier’s document is signed without affixing any “reserve”, the Customer can not make any objection about the external characteristics of the delivered goods. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days of delivery.
Fibe srl has the right, at its sole discretion, to make the delivery of the Products ordered by a courier chosen by you.
6. Collection of products in case of absence of the customer
In case of absence of the recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the Customer. The Products must be collected at the address and in the manner indicated by the carrier.
In case of non-collection within the term established by the carrier, the Products will be returned to Fibe srl, which reserves the right to refund the price of the Products, leaving the shipping costs charged to the Customer.
In the event of an error regarding the Product, the Customer undertakes to return said Product or Products to Fibe srl within 7 (seven) days of receipt, with the package closed, in their original state and packaging and with accompanying documents.
Once the Product is received in the correct form and manner, Fibe srl will return, at its own expense, the initially ordered Product.
7. Force majeure
In explicit cases, the following cases are considered as cases of force majeure, in addition to those normally considered by the jurisprudence:
– total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular the internet.
In case of force majeure, the execution of the order will be suspended, in the first instance, in full right.
If after a period of 3 (three) months and the parties note the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both parties.
8. Product Warranties – Technical Assistance
Fibe srl guarantees the only material integrity of the Products at the time of delivery (hereinafter, the “Fibe Guarantee srl”).
8.1 Any defects covered by the Fibe srl Guarantee must be reported by the Customer, under penalty of forfeiture, no later than 10 (ten) days from the delivery date. In case of operation of the Warranty Fibe srl, the Customer will have the right to the replacement of the damaged Products upon return of the same, being excluded the right of the Customer to compensation for any damage, even further. The shipping costs necessary for the replacement of Products are charged to Fibe srl.
8.2 Without prejudice to the provisions of article 8 above . 1, Fibe srl does not lend on the Products any further guarantee with respect to the one given by the single producers.Technical assistance and warranty interventions on the Products are carried out, where foreseen, by the individual Producers, according to the terms and conditions indicated in the documentation attached to the Products themselves. In particular, Fibe srl does not give any guarantee regarding the compatibility of the Products with other Products or equipment used by the Customer, nor provides any guarantee regarding the suitability of the Products for the specific use envisaged by the Customer.
8.3 Without prejudice to the hypothesis of willful misconduct or gross negligence of Fibe srl, it is already agreed that, if the liability of Fibe srl in any way towards the Customer is ascertained – including the case of non-performance, in whole or in part, obligations assumed by Fibe Mattresses towards the Customer due to the execution of an order – the responsibility of Fibe srl can not be higher than the price of the Products purchased by the Customer and for which the dispute arose.
9.1 Pursuant to art. 5 of Legislative Decree 22 May 1999 n. 185, the Customer (if it qualifies as a “consumer” pursuant to Article 1 letter b) of Legislative Decree 22 May 1999 n.185) has the right to withdraw from the contract and return the Products ordered, without any penalty and without specifying the reason, within the term of 14 (fourteen) days from receipt of the Products.
9.2 The right of withdrawal referred to in Article 9.1 above may be exercised by the Customer, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform us
by mail: Fibe srl – SS 114 Km 6,400 – 98128 Tremestieri Messina (ME )
by fax: +39
by email:
the decision to withdraw from this contract by an explicit declaration (for example, a letter sent by post, fax or e-mail) . For this purpose it is possible to use the attached withdrawal form, but it is not mandatory.
To comply with the withdrawal deadline, it is sufficient that the Customer sends the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
9.3 Effects of withdrawal
By withdrawing from the contract, all payments made to us will be reimbursed to the Customer, including delivery costs (with the exception of additional costs resulting from the choice of a type of delivery different from the less expensive type of standard delivery offered by us) , without undue delay and in any case no later than 14 days from the day on which we are informed of the decision to withdraw from this contract.
These refunds will be made using the same payment method used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, no costs will be incurred as a consequence of such reimbursement.
The reimbursement may be suspended until receipt of the goods or until the consumer demonstrates that he has sent back the goods, if earlier. 
9.4 Goods returned must be returned or delivered to us at the address
Fibe srl – Varese
without undue delay and in any case within 14 days from the day on which the Customer has communicated his withdrawal from this contract. The deadline is met if the goods are returned before the expiry of the 14-day period.
The direct costs of returning the goods will be charged to the customer.
9.5 The Customer is only responsible for the diminished value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The returned goods must be returned to resale .
9.6 The right of withdrawal referred to in Article 9.1 above may not be exercised by the Customer in the event that the Products purchased have been made according to the Customer’s requirements, be customized, or may deteriorate or expire rapidly.
9.7 Fibe srl recommends the customer to:
– check the status of the Products delivered before signing the acknowledgment of receipt, and in particular that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment
– check that the packaging is intact, not damaged, wet or otherwise altered
– check the integrity of the content.
In case of discrepancies, the Customer can refuse to accept the package, signing his refusal.
10. Payment
The payment of the consideration is due at the time of the order.
The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and the transport) and, if necessary, to pay or to pay VAT or other import taxes directly to the courier or to the carrier. of Products in the countries where delivery will take place.
The Customer welds the order:
– By transfer to Fibe srl.
In case of non-receipt by Fibe srl of the bank transfer within 14 days following the order confirmation, Fibe srl reserves the right to cancel the order. Bank details are provided when ordering.
– or by Paypal.
The Customer guarantees to Fibe srl the fact of having the necessary authorizations to use the Paypal payment method when ordering.
11. Non-payment – Retention of title
The Products ordered remain the property of Fibe srl until the final payment and in full of their price (pursuant to Article 1523 and following of the Civil Code). Fibe srl reserves the right to claim the ordered Products in case of non-payment.
In this hypothesis and at the request of Mollura & C. srl, the Customer undertakes to return any unpaid Product, at its own expense.
12. Complaints
Claims for non-compliance of the Product or Products delivered with the order must be received in writing directly to Fibe srl, immediately after receipt of the goods.
We advise the customer to keep the original packaging and the delivery document.
13. Registered information
The computerized processing of the information, including the management of the e-mail addresses of the users of the site, is carried out in compliance with the provisions of the law.
The nominative information requested from the Customer is indispensable for the processing and forwarding of orders, the creation of invoices and any warranty contracts.
For this purpose, this information may be communicated to the contractual partners of. Fibe srl.
The Customer may object to such communication and, in accordance with the law, makes use of the right to access, modify, rectify and delete data concerning him by contacting Fibe srl.
To avoid any attempt at fraud, Fibe srl may ask you to prove your identity, your address.
14. Electronic signature
The “validation click” is an electronic signature.
This electronic signature has the same value as a handwritten signature between the parties.
15. Failure to renounce
For Fibe srl, the fact of not asserting a failure by the Customer with respect to any of its obligations, can not be interpreted as a waiver of the obligation in question and the possibility of asserting this lack at a later time.
16. Integrality of the contract
These general conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the Customer may enter or be excluded from these general conditions.
17. Intellectual Property
Fibe Srl is the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the catalog of the online store, consequently, the partial or total reproduction, on any type of support, of the elements that make up the Website and the catalog, their use as well as their transfer to third parties are formally prohibited.
18. Nullity
Should one or more provisions of these general conditions be considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their strength and their value.
19. Jurisdiction
In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law to protect consumers (as defined under Article 1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute in any case connected to these General Conditions will be devolved to the exclusive jurisdiction of the Court of Messina.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the General Conditions of Sale Fibe srl: 1-2-3-4-5- 6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.