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General Conditions

1. Introduction
This website is operated by:
ROSISERLI S.r.l., based in Trieste, Corso Italia, 10, phone 0039-040 3480632 / fax 0039-040 3487796, registration number in the register of companies of Trieste 122622, VAT ID number IT 01074950328 (hereinafter “Firebrands”).
All purchase agreements entered into through the website www.firebrands.it (hereinafter “the Website”) in accordance with the (online) purchasing process provided by Retailers and Purchaser (hereinafter “the Customer”) will be governed by the following General Terms and Conditions, which form an integral and substantial part of the agreements.
In case these General Terms and Conditions are translated in foreign language(s), the Italian version shall prevail.
By placing an order confirmation via internet, the Customer unconditionally accepts and undertakes to comply with the following General Terms and Conditions as well as the conditions of payment described below and states to have read and accepted all information provided.
This General Terms and Conditions must be read online by the Customers visiting the Website before confirming their orders. By sending an order confirmation, the Customer states to have read, understood and accepted the General Terms and Conditions in their entirety.
The Customer undertakes, upon conclusion of the online purchasing process, to print and keep the General Terms and Conditions they have previously read, understood and accepted during the purchase process.
Through this Website, the Customer can search and buy products distributed by a number of Retailers.
Firebrands is not directly a party of the contract entered into by the Customer and the Retailers. The company acts as a mere intermediary between the parties, performing ancillary services such as receiving payments on behalf of the Retailer.
As a consequence, Firebrands cannot offer any guarantee on quality, safety and compliance to law of the products sold through the website by the Retailers, who maintain all related liabilities.


2. Conclusion of the contract
All information provided on the website should not be considered as offers: they are to be considered as a mere invitation to treat addressed to the Retailer (not to Firebrand, which acts as a mere intermediary, facilitating the contact between the Retailer and the Customer).
By sending the form indicating characteristics of the goods, price, method of payment chosen and delivery terms (order form), the Customer puts forward a purchase (order) proposal.
All orders are subject to availability of the goods and to acceptance by the Retailer.
When the Customer sends the order form, a summary of the order data is viewed and they receive an acknowledgement e-mail confirming receipt of the order containing all information requested to finalize the purchase (including identity, address and contact data of the Retailer supplying the goods, as well as their registration no. in the register of companies and VAT ID number).


3. Prices and payment terms
The goods selling price, which do not constitute any offer to the public under art. 1336 Italian civil code, delivery costs, payment and delivery methods will be chosen by the Customer upon sending of the order.
The Customer shall immediately inform Firebrands and the Retailer of any errors and omissions regarding payment method and prices indicated on the summary order page and/or in the order confirmation e-mail through an e-mail to customerservice@firebrands.it indicating order number, name and surname and describing the problem.
Firebrands shall have the right, at any time and without notice, to amend the prices indicated on the website.
Prices indicated cancel and replace all previous prices and are subject to actual availability of the goods.
Especially in case of products marked as “articolo a disponibilità limitata” (limited availability product) or as “promozione limitata” (limited offer), the selling price indicated can vary depending on actual availability of the goods offered by the Retailers at a reduced price and on the promotions’ expiry date. Under no circumstances will Firebrands be deemed liable for changes regarding product prices and/or availability shown on the Website or for the impossibility to supply the goods at the price shown.
Firebrands shall have the right to amend payment terms at any time in its discretion based on Customer’s financial conditions, records of previous payments or the relationship with the Retailer.


4. Payment methods
The Customer undertakes to pay the price for the ordered products using one of the following payment methods:
Bank transfer paid in advance to the Retailer, collected by Firebrands, using the bank details provided both in the order confirmation e-mail and on the summary order page.
Credit card payment to the Retailer, collected by Firebrands, made upon conclusion of the transaction/order process through a secure payment service which will obtain authorization for payment for the amount of the order (please see General Terms and Conditions).
Upon receipt of the payment confirmation, the order will be deemed as closed and the relevant delivery process will be started.
The Customer can cancel the order at any time by sending an e-mail to customerservice@firebrands.it or, in case the Retailer does not agree on the Contract, the transaction will be cancelled and any sums already paid will be refunded.
The refund process can take up to 24 days from the authorization to process depending exclusively on the bank.
Once the transaction is cancelled, Firebrand cannot, under any circumstances, be deemed liable for any damages whatsoever arising from the technical times needed by the bank to actually refund the sums debited.
No personal information about the cardholder provided during the purchase process through credit card can be accessed by Firebrands since such data are submitted directly to the bank’s secure website processing the transaction. Firebrands cannot, therefore, be deemed liable for any fraudulent use of credit cards by third parties upon payment of the products purchased through the website.


5. Services, carriage and delivery
The purchase and delivery process shall be deemed as concluded at the Retailer’s warehouse, where the carrier collects the goods.
Except as otherwise provided, Firebrands will instruct, on behalf of the Customer, a carrier for the carriage to the address provided by the Customer. In such case, the Customer will be sent an e-mail (within 3 working days if the destination is in Italy) indicating the shipping number provided by the carrier, using which the Customer will be able to check the shipping status.
Shipping costs will be borne by the Customer, with the exception of any promotional actions for which Firebrands and/or the Retailer can undertake to pay such costs (indicating on the website that the price includes shipping costs). Firebrands’ and Retailer’s services shall be deemed as performed when the carrier collects the goods.
The carriers chosen and instructed are reliable and professional. The Customer cannot, therefore, object on their names. They can, however, arrange autonomously the carriage, bearing all relevant costs, also in case of promotional actions providing for shipping costs borne by Firebrands and/or Retailer, as specified in the paragraph above.
Firebrands can, at any time, cancel any order in case the carrier, due to operating reasons, does not accept to perform the carriage and undertakes to fully refund the Customer.
Shipping costs debited to the Customer are indicated on the summary order page only in case of shipping to a destination within the Italian territory. In case the delivery has to be performed outside Italy, relevant shipping costs will vary depending on destination, weight, size and total value of the goods.
Dispatch times to the carrier are not binding and vary according to delivery times from the Retailers and to availability of the carriers. Firebrands shall, in any case, only forward the order and search for the carrier and cannot be deemed as liable for the performance of such parties and for any possible default of delay.
In case the delivery at the address provided by the Customer is not possible due to rejection by the addressee, inaccuracy of the data or for the absence of a person authorized to receive the parcel, any costs will be debited by the carrier to the sender and deducted from any sums due to the Customer as refund.
 

6. Ownership and passing of risk of loss
Ownership of the products passes to the Customer upon collection of the goods by the carrier for the carriage, on condition that the relevant payment has been made in full, according to the payment method chosen.
All risks relating to loss and/or damage and/or depreciation of the goods pass, in any case, to the Customer upon collection by the carrier.
 

7. Withdrawal right
Pursuant to article 64 et seq. of Legislative Decree n. 206 of September 6, 2005, if the Customer is not satisfied with the purchase, they have the right to withdraw from the purchase contract for any reason, without explanation and penalty, within ten days from the date of receipt of the goods.
To exercise such right the Customer shall send, within the above term, a written notice by registered letter with acknowledgment of receipt expressing the intention to cancel the purchase contract.
Such cancellation notice shall be addressed to Firebrands, which is authorized by the Retailer supplying the goods to receive it.
The cancellation notice can be sent, within the above term, by telegram, telex and fax message and confirmed by registered letter with acknowledgement of receipt within 48 hours.
By exercising the withdrawal right, the Customer accepts to bear all costs of shipping of the returned products to the Retailer, to the addressed provided in the notice sent pursuant to art. 2 of this General Terms and Conditions. Items must be returned in good conditions and unworn, in its original packaging and with the warranty seal unbroken.
Items must be returned with all original tags and accessories (including dust bags, clothes hangers, clothes covers, etc.) contained in the box. Footwear and accessories must be returned in the original boxes, which are considered an integral part of the product and shall be returned undamaged and/or unchanged.
Beachwear and underwear (bikini, pants, etc.) must be tried on over your underwear, provided that the plastic protective slip is not removed.
The product purchased must be returned within 10 working days from the cancellation notice by insured parcel service, carriage paid, through a professional carrier.
Under no circumstances the receiver will accept “cash on delivery” or “charges collect” parcels.
If withdrawal right is exercised according to the above instructions, the Retailer will authorize Firebrands to wholly reimburse any sums paid for the purchase of the goods (excluding the cost of shipping, duty and taxes, borne by the Customer and when the following occurs), within 30 days.
Pursuant to art. 55, par. 2 d) of Legislative Decree no. 206 of September 6 2005, withdrawal right cannot be exercised when the purchase contract regards tailor-made or customized garments or product which, based on their nature, cannot be returned.
The Customer undertakes not to try on the products purchased after applying tanning or self-tanning lotions. The Customer also accepts to wear own underwear before trying on the products purchased. Returned products must be in good conditions, otherwise they will be rejected.
The Customer can choose between:
- Exchange of the product purchased, to be agreed with Firebrands; such right can be exercised only once;
- Refund of the sum paid for the returned products, excluding shipping costs, eventual duty and taxes, gift wrapping, etc.
In case of refund request, any giveaways will have to be returned.
Firebrands will not accept:
- underwear (pants, G-strings, thongs, thighs, etc.) tried on without wearing own underwear garments or lacking protective slip;
- garments lacking their original tags or warranty seals or in case the warranty seal is damaged, original packaging or boxes lacking all accessories provided or garments in damaged packaging;
- worn or washed items;
- damaged or stained items due to improper use by the Customer;
- parcels returned “cash on delivery” or “charges collect”;
- parcel returned without previous notice.
In case the return is not made according to the above return policy or the returned items are damaged or worn, the Retailer reserves the right not to accept the returned goods or to refund the sum paid, cost for shipping the returned goods, eventual customs and taxes deducted. The Customer can ask for the purchased goods to be resent, bearing all costs for the relevant shipment. In this case, the delivery cannot be rejected.
The withdrawal right can be exercised only by consumers who buy not for business purposes and in case a receipt is issued, instead of an invoice (specifying their VAT ID number) since the clause only applies to non-professional Customers.
 

8. Acceptance and return
Whereas passing of ownership and of risk of loss are regulated by the above clauses, Products will be deemed to be finally accepted by the Customer on the delivery by the carrier, without specific and written reservations on transport documents. With the exception of the cases when the Customer exercises their withdrawal rights under art. 7 above, the Products are deemed to be accepted until the Customer informs the Retailer, as soon as possible and, in any case, within the term of 14 working days from date of receipt of the Products, that they are defective.
The Retailer shall have the right to invite the Customer to provide photos of the defective goods before authorizing the return.
After the latter communication, the Retailer shall, alternatively, replace the defective Products or refund the sum paid by the Customer for the purchase.
The Retailer shall have the right to test the Products upon receipt and to charge the Customer any costs borne, including for the services provided by Firebrands and relevant costs, in case of false statements about defects. Return of Products purchased as a special offer or promotion or as part of a “package” of Products can be subject to specific conditions, as described in the offer/promotion itself or otherwise communicated to the Customer. No refund is allowed for individual defective Products purchased as part of a “package”. In such case the Retailer shall, alternatively, 1) replace the individual Product or 2) invite the Customer to return the entire “package” and refund the whole sum paid by the Customer for the purchase of the “package”. The Retailer shall have the right to obtain the refund of any promotional discount on Products other than the defective ones purchased by the Customer in case they apply on the purchase of the Product returned for which a refund has been made.
Under no circumstances will returns be accepted if the Products are not in the original packaging and with all original accessories (including dust bags, clothes hangers, clothes covers, etc.) contained in the box. Footwear and accessories must be returned in the original boxes, which are considered an integral part of the product and shall be returned undamaged and/or unchanged.
No labels or Sellotape shall be applied directly on the original boxes of the Product.


9. Limitation of liability
With the exception of cases of intentional wrongdoing (dolo) or gross negligence (colpa grave) of the Retailer, the parties agree that, in case the Retailer’s or Firebrands’ liability is confirmed, on whatever ground, with regard to the Customer (including partial or total breach of the obligations undertaken by the Retailer in favor of the Customer as a consequence of the execution of an order), the Retailer’s and Firebrands’ liability is limited to the price of the Products purchased by the Customer for which the dispute has arisen. The Retailer and Firebrands’ liability for delays in the delivery is limited to shipping costs paid by the Customer.
Under no circumstances can the Retailer and Firebrands be deemed liable for direct or indirect damages caused by the delay in the delivery of an order or for the loss of the goods by the carrier.
Upon receipt of the goods, the Customer shall have to check that:
- The number of packages corresponds to the quantity specified on the transport document;
- The packaging is undamaged or unchanged, also checking the state of closing adhesive tape.
In case of loss or damage, partial or total, the Customer shall immediately dispute the shipment and/or the delivery with a specific reservation regarding quality or quantity not corresponding to those specified in the transport document. Such reservation shall have to be written on the transport document and/or the consignment note. Only in case of non-apparent damage (i.e. damages that cannot be recognized upon opening of the packaging or the protective cartons), the Client can express their reservations within 48 hours from receipt of the goods, through a registered letter anticipated by fax or e-mail to the carrier, to the Retailer and to Firebrands.
Under no circumstances can the Retailer of Firebrands be deemed liable if, due to the configuration or to a malfunction of the computer used by the Customer, the Products differ in color from the pictures provided on the Website or, in case of temporary malfunction of the Website or if, applying reasonable care, the Customer could have recognized the mistake. The Customer shall, in any case, prove that the differences in color arise from a fault of Firebrands or the Retailer and not from the Customer’s or third parties’ conduct. Under no circumstances shall Firebrands be deemed liable for the Retailer’s conduct with regard to the Products’ color.
Any right of the Customer to claim damages or compensation against the Retailer and/or Firebrand, as well as any contractual or extra-contractual liability for direct or indirect damages to people and/or property is expressly excluded.


10. Prohibition on purchase by minors
Minors are not allowed to submit orders. Any violation or misuse can be reported by the Retailer or by Firebrands to the relevant authorities.
 

11. Personal data protection
Pursuant to Legislative Decree no. 196/03 on the protection of the individuals and other parties with regard to the processing of personal data, the Customer is informed that all personal data provided during the submission of an order can be processed, in compliance with the above mentioned rule, with the sole purpose of performing the obligations arising from the purchase of goods/services.
Acceptance of the clause concerning processing of personal data provided by the Customer for the purposes of executing the purchase process is therefore compulsory and automatically confirmed upon sending of the purchase order.


12. Governing law and jurisdiction
Any dispute associated with the application, execution, interpretation and breach of the purchase agreement entered into online through the Website shall be subject to the jurisdiction of the Italian courts.
These Terms and Conditions are governed by Italian law and refer, where not otherwise provided and where applicable, to the Consumer Code and to the Civil Code, also with regard to the applicable warranty.


13. Place of jurisdiction
For any dispute arising from the purchase contract governed by these Terms and Conditions or somehow connected to them, the local jurisdiction is the Court of the Customer’s residence (if within the Italian territory). In case the Customer’s residence is not in the Italian territory, the local jurisdiction is exclusively that of the Court of Trieste.
 

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