General Conditions of Sale
These General Conditions of Sale apply to the offer and purchase of products on the website located at www.ferrarisboutique.com. Before transmitting a purchase order, the Purchaser has to read carefully General Conditions of Sale. By transmitting a purchase order the Buyer confirms knowing and accepting these General Conditions of Sale and the content of the order form. Once the online purchase is confirmed, Purchaser is bound to print and conserve General Conditions of Sale and the purchase order as previously viewed and approved.
1. Application and definitions
1.1 These general conditions of sale govern online purchases of products on the www.ferrarisboutique.com e-commerce website
1.2 Products sold on the website can only be purchased and delivered to the countries indicated on the order form. Potential orders to be delivered to other countries will be automatically rejected while processing the order.
1.3 When used within General Conditions of Sale, the following words shall have the meaning set forth below:
- Consumer: any natural person purchasing the Products on sale on the Website for purposes other than business, sales, artisan or professional activities he/she may carry out;
- Professional: any natural/legal person purchasing the Products on sale on the Website for business, sales, artisan or professional activities he/she may carry out;
- Buyer: subject purchasing the products, identifiable as Consumer or Professional, depending on the case
- Seller: FerrarisBoutique, as subject selling the products on sale on the website;
- Order: declaration of intent aimed at the purchase of one or more products issued by a buyer to FerrarisBoutique.
2.1 Products are sold by FerrarisBoutique, Ferraris Snc company, having its head office in Borgomanero (NO), Corso Roma 7 - Italia.
For any information request, it is possible to contact FerrarisBoutique using the details below:
Corso Roma 7
28021 Borgomanero (NO)
2.2 Products are sold to the Buyer, identified by the personal data registered on the order form submitted. These General Conditions of sale constitute an integral part of the order itself, which the Buyer, by transmitting the order to the Seller, is obliged to accept fully and unconditionally.
2.3 Products on sale on www.ferrarisboutique.com are aimed to adults (18 years old or older). Submitting an order using the website, the buyer declares being 18 or older and authorized to carry out legal procedures.
2.4 The buyer shall not knowingly report any false information including false or fictional names while submitting an order or in any communication. Any violation or abuse will be legally prosecuted.
2.5 Accepting these General Conditions of Sale the Buyer exonerates the Seller from any responsibility linked to the submission of fake data or information while filling the online form; in fact, only the Buyer himself can be considered as unique responsible for their correct insertion.
3. Online Sale
3.1 ‘Online sale Contract’ shall mean the distance contract which has as its subject-matter the purchase of moveable property (hereinafter Products), concluded between the Buyer and Ferraris Snc, as Seller, in the context of an e-commerce activity organized by the Seller itself, which exploits the Internet for this purpose.
3.2 In order to submit an order, the Buyer shall fill out the electronic order form (hereinafter Order) and transmit it to the Seller using Internet, following the guidelines displayed.
3.3 More specifically the Buyer, once selected the product concerned, shall add it to the shopping cart.
When finished purchasing, the Buyer shall proceed to the checkout; consequently he will be led to the summary page, showing the contents of the shopping cart.
Selecting “Continue”, the Buyer will have the opportunity to create his personal account or proceed as a guest.
Subsequently, personal data of the Buyer and delivery address will be requested (delivery address will have to be confirmed in the following steps)
Then, once specified the dispatching method, the Buyer will be asked to fully accept these General Conditions of Sale.
By clicking “Continue”, the Buyer will have the opportunity to choose the payment method he considers appropriate, among those indicated by the Seller.
Once the order is confirmed, the Buyer will receive an e-mail confirmation from FerrarisBoutique, detailing a summary of the order.
3.4 The Order contains:
- a reference to our General Conditions of Sale;
- Pictures and information of each Product, including their price;
- Payment methods that shall be used;
- Delivery methods, as well as shipping and delivery costs;
- reference to the conditions for exercising the right to cancellation; (right of withdrawal/cooling-off period)
- modalities and timing for products returns;
3.5 Despite www.ferrarisboutique.com constantly adopts measures to ensure that pictures shown on the website represent faithfully the original products (including the use of any possible technology in order to avoid imprecisions), they could look different due to the characteristics and resolution of the computer used by the Buyer. Consequently, the Seller will not be responsible for any inadequacy of the graphical representations of the products shown on the website if they are due to the above technical reasons, since such representations are provided only for illustrative purposes.
3.6 The Buyer will be asked to read and confirm the General Conditions of Sale before concluding the contract.
3.7 The contract will become valid only when the Seller receives the order through the website, after verification of the data related to the order.
3.8 The language offered to conclude the contract is Italian, and the contract shall be governed by the laws of Italy.
3.9 Once the contract has been concluded, the Seller will take over the order.
4. Order processing
4.1 By transmitting a purchase order for Products via Website, the Buyer fully accepts these General Conditions of sale.
4.2 An order confirmation will be sent by e-mail to the same address provided during registration on the Website or during the purchase procedure. Such a confirmation will include a summary of the information already included in the order and described in previous paragraphs.
4.3 The Seller reserves the right to ask (via e-mail or by phone) further information eventually needed before sending the confirmation.
4.4 The Seller has the right to reject orders when the solvency cannot be fully guaranteed, or in case the order is incomplete or incorrect, as well as when the products ordered are not available.
4.5 In such cases, the Buyer will be notified via e-mail within 30 working days from the day following that of the order submission. The Buyer will be reimbursed using the same payment method.
4.6 Each sale performed through the website could include one or more products, with no limitation on quantities.
4.7 FerrarisBoutique reserves the right to refuse an offer from a Buyer if considered unsuitable; for example, offers from Buyers with whom there is a litigation pending or from Buyers not doing enough to guarantee a fair and efficient trade. In particular, any offer from Buyers who have been involved in criminal activities.
5. Price of sale
5.1 Unless otherwise specified in writings, prices and shipping costs indicated on the website as well as in the order form are inclusive of VAT and expressed in Eu.
Prices valid at date of the Order transmission will be applied in any case. The Seller is entitled to modify prices and delivery costs without need to respect any notice period. The Buyer is bound to verify the current price of the product before submitting the Order.
FerrarisBoutique is entitled to modify the prices indicated on the website at any time. Prices modification won’t be applied to Orders previously submitted.
5.2 All Products are sent from Italy. Unless otherwise specified in writings, for deliveries to non-EU countries, all local VAT, duties and sales taxes due on importation are responsibility of the Buyer.
5.3 Such costs shall be paid by the Buyer at the moment of delivery (according to indications specified in the Order confirmation).
6. Payment methods
Payment can be made at the conditions and with the methods indicated in the Order form. Such methods are also described below:
6.1 Bank Transfer
6.1.1 We do accept payment through anticipated bank transfer on our website. In this case, the Payment has to be done within and not further 5 working days from the order confirmation. If these terms will not be respected, Order will automatically be cancelled and the Buyer will receive a cancellation communication via e-mail. Products ordered will be sent only after having received the payment, and once credit is verified.
6.1.2 in the object of the payment is essential to specify:
- name and surname of the client who has concluded the Order;
- order number;
- date of the Order.
6.2 Credit cards and prepaid cards
6.2.1 We do accept payment through credit cards (X-Pay - Carta Sì circuit), prepaid cards (e.g. Poste Pay), and Paypal accounts: in these cases no extra charge will be applied.
It is understood that the Buyer has to be holder of a valid credit card. The purchase invoice will be drawn up in the name of the credit card holder.
If these terms will not be respected, order will be cancelled.
6.2.2 After the online transaction, the bank will immediately freeze the total amount of the order. The amount will only be actually charged only at the moment of shipping.
6.2.3 If, once the package had been received, the Buyer wants to exercise his right to cancellation, the Seller will order the bank to refund the price paid directly on credit card.
6.3.1 In case the Buyer wishes to purchase through a PayPal account, the payment will be performed using the e-mail address and password given during the registration on www.paypal.com
6.4 PayPal won’t communicate any information regarding the Buyer's credit card (e.g. credit card number or expiry date). As a consequence, any of these information will be stored by the Seller. Therefore, the Seller won’t be liable for any third-party fraudulent use of credit cards or prepaid cards.
The Cash-on-delivery method allows the Buyer to pay at the time of delivery instead of having to pay upfront. Payment is made directly to the shipping company. It only can be made by cash and involves an extra cost of 10 €.
In order to facilitate the delivery, the Buyer should prepare the correct amount of money since the Courier could not have the chance to give back the change due.
7. Shipping and delivery
7.1 Each delivery contains
- the product / products ordered;
- corresponding transport document / accompaining invoice;
- transport documents required in the country of delivery;
- possible information or commercial material;
7.2.1 The Seller will deliver the Products at the location specified by the Buyer in the order. At the end of the purchasing procedure, the Buyer will be asked whether he wants to insure the shipment.
7.2.2 Shipping to Italy will be free of charge. For any other country, shipping costs will be individually calculated.
7.2.3 In Order to ship their products, FerrarisBoutique will use the service offerte by DHL, with the only exceptions of shipments to Russia or North Korea.
In those cases, The Seller will avail itself of the service offered by Poste Italiane through international registered mail, a shipping method which does not involve any customs duty.
Shipment using international registered Mail will take from 5 to 20 days to deliver, according to the Country of destination.
DHL delivery time is estimated to be 24/48 hours to Italy and generally speaking not longer than 3 days for the rest of the world.
At any rate, regarding all of the contracts concluded with Consumers except as provided for ex art. 61 D. Legs. 206/2005, FerrarisBoutique commits to deliver the products with no undue delay and no later than 30 days from the conclusion of the contract itself. In case of failed delivery, it will be possible to appeal to the remedies set by the aforementioned article of the Consumer Code.
7.2.4 When receiving the products, the Buyer is deemed to verify the entirety of the package. In case of anomalies the Buyer will have the Courier to take exact note of such aberrancies and refuse the delivery. On the contrary, the Buyer will lose the right to complain about the accident.
7.2.5 The Seller will promptly communicate to the Buyer the occurrence of a circumstance beyond their control and, in case such situation should carry on for a period exceeding 30 days, both of the parties will have the chance to withdraw from the contract.
In case of cancellation, in accordance to the present section 7.2.5, the Buyer will not be entitled to any refund or compensation, being understood the right to be refund of what potentially already paid as price for the product subject to the Order.
7.2.6 If the Buyer is a Consumer, the risk of loss or damage transfers from the Seller to the Buyer as the Product will be delivered to him or to a third person designed by him.
If the Buyer is a Professional, the risk of loss or damage passes from the Seller to the Buyer as the Product will be delivered to the courier.
8. Legal guarantee of conformity
8.1 Pursuant to and in accordance with the Italian law, the Seller guarantees the Buyer that the Products are without design or material defects and that the same comply with the descriptions published on the Website
8.2 If the Buyer is a Consumer, The Seller undertakes to remedy any defects, lack of quality or non-conformity of the Products for which he is liable, occurring within twenty-four months from delivery of the Products, provided such defects have been timely notified by email at the address firstname.lastname@example.org.The Buyer is obliged to report any defects and non-compliances no later than 2 (two) months from their discovery.
8.3 In case of non-conformity, if the Buyer is a Consumer, he will have the following choices:
- repair or replacement of the Product;
- price reduction;
- contract termination and refund.
8.4 All return costs depending on defective items shall be borne by the Seller; nevertheless, for returns hailing from extra UE countries, the Buyer is bound to indicate the cause for shipping (i.e. ''Return'') in order to avoid importation taxes.
In case the Buyer does not apply previous indication, specifying he is shipping for return, potential expenses will be charged to the Buyer himself and held back from refund.
8.5 If the Customer is acting in the exercise of his business, commercial, craft or profession, we will apply the legal guarantee provided for ex art.1490 and ss. of the Civil Code.
9. Right of withdrawal
9.1 Respectful of information duties as stated in art.49 of Consumer Code, the following sections list terms and conditions which discipline the right of cancellation of the Buyer, as governed by D.Lgs. 206/2005.
9.2 Right of withdrawal
The Buyer has the right to withdraw from the contract, with no need to indicate reasons, within 14 days. The withdrawal time expires 14 days after the Buyer (or a third party designated by the Buyer himself) acquires physical ownership of the Products.
In case of a contract regarding multiple products in a single Order and shipped separately, the withdrawal time expires 14 days after the Buyer(or a third party designated by the Buyer himself) acquires physical ownership of the last product.
If you wish to return a Product to us you may contact us by mail (Ferraris Snc, con sede legale in 28021 Borgomanero - NO - Corso Roma 7 - Italia), by email (email@example.com), by telephoning (0322/81924) or by printing out and sending us our completed model cancellation form (see below).
The Buyer has the right to cancel any order, simply notifying his decision before the deadline.
9.3 Effects of cancellation
If the Buyer wishes to terminate the contract, he will be fully reimbursed of the payments carried out in favor of the Seller, including shipping costs (unless there are extra costs deriving from the Buyer's choice of a kind of shipment different from the less expensive Standard shipment offered), with no undue delay and in any case no later than 14 days from the day the Seller will be informed of the Buyer's decision to terminate the contract.
Such refund will be issued by means of the same payment method used for the original transaction, unless the Buyer has explicitly agreed differently with the Seller; at any rate the Buyer won't have to bear any charges as a consequence of the refund.
However, the Seller can refuse to issue a refund until he as received the goods or until the Buyer has provided proof that you have returned the goods, whichever is the earliest.
If the Buyer has already received the Product, this must be returned as soon as possible and, in any case, within 14 (fourteen) days from the cancellation date. The term is respected when the goods are sent back before the 14th (fourteenth) day deadline.
Risks and direct costs for returning the goods shall be borne by the Buyer (included custom fee).
The Buyer is responsible for the decreased value of the goods resulting from any handling other than that necessary to establish the nature, characteristics and functioning of the goods.
9.4 Cancellation form
- Ferraris Snc, having its head office in 28021 Borgomanero (NO), Corso Roma 7 - Italia
- E-mail: firstname.lastname@example.org
- Phone: 0322.81924
I/We (*) hereby cancel the contract which I/We (*) have entered into for the purchase of the following goods (*)
— date of order / date of delivery(*)
— name of the Buyer
— Address of the Buyer
— Signature(only if using ordinary post)
— Data Date
(*) Delete useless words.
9.5 The right of withdrawal is subject to the following conditions:
- Products must be returned in their integrity, even if they are part of a kit;
- Products used, worn, washed or damaged can’t be returned;
- Products must be returned in their original condition and packaging.
- Products which are part of the same order must be returned with a unique shipment. The Seller has the right to refuse Products which are part of the same order if not returned at the same time.
In case of non-conformity between the product delivered e the Product returned, the withdrawal will be ineffective.
If the right of withdrawal has been correctly exercised, the Buyer has the right to ask for a reimbursement or a store-credit-voucher of the same value. Vouchers must be used within 6 months. Vouchers cannot be cumulated, and the Buyer is obliged to use them in single orders for a total value of transaction necessarily equal to or superior to the original.
9.6 The Buyer will be responsible for damage, loss or delay during the return of the products.
9.7 If the Buyer returns the products not in accordance with the above previsions (for example, after 14-days) the Seller will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing.
9.8 The right of withdrawal does not apply to contracts for the delivery of goods which are custom-made.
For any information, It is possible to contact FerrarisBoutique using the contact details below:
Corso Roma 7
28021 Borgomanero (NO)
11. Communications to the Buyer
When using the website, the Buyer accepts that communication with us will be mainly electronic. The Seller will contact the Buyer by e-mail, at the address given at the moment of registration. Information could be downloaded and stored.
12. Applicable law and Jurisdiction
These General Conditions of Sale are regulated by the Italian law. In any case, this will not prejudice any rights attributed to Consumers by binding legislative provisions in force in the country of the latter.
As a consequence, all disputes concerning the application and interpretation of General Conditions of Sale shall be referred to the exclusive jurisdiction of the Italian state. If the Buyer is a Consumer, the jurisdiction for disputes lies with the Consumer’s domicile. Instead, if the Buyer is a Professional, the court of Novara, Italy, shall have exclusive jurisdiction in any action arising out of or in connection with this contract.
Any dispute can be also settled by alternative procedures, in accordance with the Italian law (e.g. “mediazione” or “negoziazione assistita”).
13. amendments and updates
The Seller reserves the right to modify these General Conditions of sale at any time, at its own discretion, without any obligation to notify Website users.
The Buyer will be asked to accept the General Conditions of sale in force at the time of purchase. Any modifications applied will be effective from the date of their publication on the Website www.ferrarisboutique.com and will apply solely to sales effected from that date.
15. In the case of contradictions, discrepancies, doubts or differences of interpretation between this language version and the original Italian one, the Italiana language version shall prevail.