Scope of application
1.1. These ("General Terms") for online sales apply to all sales contracts agreed between Foster S.p.A. Via Via Provinciale Nazzano, 24 54031 AVENZA-CARRARA (MS) CCIAA Massa Carrara Capitale Sociale €500.000 and the user, as intended under article 3 of Legislative Decree No. 206/2005 ("Consumer Code ") as the consumer i.e., the natural person acting for purposes unrelated to their trade, business, craft or professional activity ("the User") on the basis of orders generated electronically through https://www.masons.it (" Website").
1.2. The User agrees to comply with these General Terms, declaring that they accept them when they purchase a product from the Website. The User cannot purchase products from the Website if they do not accept these General Terms.
1.3. These General Terms apply regardless of the Consumer's nationality, on condition that the products are delivered to one of the countries where online sales service are effected as listed on the Website.
2. Changes to the General Terms
2.1. The Company reserves the right to change these General Terms from time to time, where such changes might be necessary to ensure compliance with recent legal provisions, for technical reasons, or to comply with the Company's sales models or to best protect of the rights of Parties. The most recent version of our General Terms is published from time to time on the Website. In any case, the most current version of the General Terms are applicable when the relevant order is submitted.
3. Setting up an account
3.1. To purchase a product from the Website, the User must
(i) access the Website with their own login credentials obtained when they set up an account in their name on the Website, or
(ii) set up a new account on the Website, or
(iii) make a purchase as a "guest" user without registering.
3.2. To set up a new account on the Website, the user must
(i) fill in the registration form correctly, entering all the data required (for example and not limited to: first name, surname, email address, user name and password),
(ii) confirm they have read the privacy notice on the Website and provide any additional consent and
(iii) confirm the registration.
3.3. When setting up an account on the Website, the User must choose a username and password with no less than 8 characters, in compliance with the password creation criteria shown at different times on the Website. The User acknowledges and accepts that the login credentials to access the Website are personal and should not be communicated or passed onto third parties. The User agrees to keep their password secret and to immediately notify the Company of any non-authorised use of the account or the loss or theft of the login credentials, by writing to the addresses as shown in article 16,explaining the matter in detail and attaching a copy of their identity document. Once the Company receives the communication from the User, the Company will block the User's login credentials and will provide new login credentials. The Company shall not be liable for any loss or damages incurred due to the User's failure to safeguard their own password or their failure to notify the Company of unauthorised use, loss or theft of their password. The User shall be wholly liable to the Company for any loss and/or damages arising from any unauthorised use of their own account.
3.4. It is free to register on the Website, notwithstanding that
(i) the User shall bear the cost of connecting to the Internet network to access the Website, according to the tariffs, the terms and conditions applied by their own provider and
(ii) the purchase of a product on the Website implies the User's obligation to pay the Company the amounts due for this product.
3.5. Once registered on the Website, the User will receive an email notification to the email they provided at the time of registration.
3.6. The User can cancel their account at any time by emailing the Company at the address shown in the article below 16. Once this notification has been received any contractual agreement between the User and Company - excluding orders sent prior to this request to cancel - shall be considered cancelled and the User's username and password will be cancelled.
4. Guest Login
4.1. A User can make purchases on the Website as a Guest, without setting up an account on the Website. In this case, the User must
(i) correctly compile the login form on the Website, entering all the information required (for example and not limited to: first name, surname, invoice and delivery address, email address), and
(ii) accept these General Terms.
4.2. Once the User has filled in the login form, they can select the payment method from the options shown in the the article below 8.1 and electronically submit their purchase order to the Company.
5. Signing the purchase contract
5.1. The User must select the products and place them in the shopping basket, notwithstanding that they can change or remove the contents of their shopping basket at any time before proceeding with the purchase order.
5.2. An order sent through the Website is considered to be a binding purchase for the products selected and, therefore, the conclusion of a purchase contract entirely governed by these General Terms ("Contract").
5.3. Before confirming the purchase order, the User is required to verify their order details and check that all the data provided is correct. Any potential data entry errors can be corrected using the appropriate data change functions on the Website. If the User detects errors after confirming their purchase order, they can correct them by contacting Customer Services and following the procedures outlined in the article below 16.
5.4. Once the order has been sent, the Company will send a confirmation email to the User, confirming receipt of the order and containing the order number and the details of the order effected ("Confirmation of Receipt"). The Confirmation of Receipt does not constitute an acceptance of the order, unless this acceptance is expressly a provision of the Confirmation of Receipt itself: in this case, the Contract shall be intended concluded following acceptance. In all other cases, the Contract will be understood to be agreed with the dispatch of the products ordered as outlined in the following article 9.
5.5. In the absence of an express declaration of acceptance of the order in the Confirmation of Receipt and if the products ordered are not dispatched within the agreed deadlines, the Consumer's offer to enter into a Contract shall be deemed rejected.
5.6. The User is required to retain the order number in the Confirmation of Receipt for any potential communication with the Company.
5.7. The Contract can be entered into in the following languages; Italian and English.
6. Product selection
6.1. The User can only purchase the products listed in the catalogue published on the Website and available at the time when the User makes a purchase order. The Company may regularly update the product catalogue, and this, however, does not provide any guarantee regarding the continuity of a product amongst the products available nor does it provide any guarantee as to the availability of all the sizes/versions of each product/colour listed in the catalogue.
6.2. Each product has an associated product sheet describing its main characteristics. Product images and colours in the product description sheet may not faithfully correspond to the actual colours, due to the effect of the settings of the computer system or the device utilised by the User to view the Website. The published images, therefore, must be understood to be indicative, without prejudice to normal tolerances of use.
6.3. Products present on the Website are available until depleted. If a chosen selectable product is not available, the Company will promptly notify the User by an email to the address provided by the User. In the case of the permanent non-availability of the product, the Company may suggest the User terminates the Contract and will refund the product price, including any applicable delivery costs, if a payment has already been made.
7. Product prices
7.1. Sale prices are expressed in Euros, GBP, CHF or USD and are inclusive of VAT, where applicable in the Country to which the product is delivered.
7.2. The applicable sale prices for the User are the prices published online when the purchase order is submitted. These prices may vary and these changes do not require advance notice. It is the User's responsibility to check the final price before submitting the purchase order.
7.3. The Company reserves the right to apply different sales prices depending on the Country to which the product is dispatched.
7.4. All the products present on the Website are net of delivery costs and any potential custom duties, which are solely the User's responsibility.
8. Payments; Invoicing; Refunds
8.1. The User can avail of the following payment methods:
8.1.1. Credit Cards (Visa, Mastercard, American Express; Maestro);
8.2. The price must be paid when the order is made, or in the case of a payment with a credit card or PayPal.
8.3. The Company retains ownership of the products delivered to the User until they are fully paid.
8.4. The Company sends the User a receipt of payment for every purchase made through the website. This receipt is attached to the Confirmation of Receipt, if the latter constitutes an order acceptance, or is attached to the Delivery Confirmation (as defined below) in compliance with article 5.4.
8.5. The Company reserves the right not to accept an order in the cause of a non-authorised payment by the relevant merchant through one of the payment methods outlined in 8.1.
8.6. Any potential refunds of the payments made by the User to the Company shall be effected using the same method of payment the User used to make the purchase. Refunds shall be processed within the timeframes and methods provided by the merchant managing that payment tool.
9. Product dispatch and delivery
9.1. Products purchased from the Website are delivered to the delivery address provided by the User when registering on the Website or when purchasing a product. Products are delivered through contracted carriers.
9.2. When the product is delivered, the User will receive a confirmation email from the Company, expressly indicating the name of the carrier, estimated delivery times and a tracking code allowing the User to monitor the delivery at all times ("Delivery Confirmation"). The dispatch date will correspond with the date the products are allocated to the carrier for the related delivery.
9.3. Products may only be delivered to addresses in the countries listed on the table shown on the Website. Delivery times and costs can vary depending on the destination Countries and the delivery methods chosen. In any case, delivery times are indicative and are not strictly binding on the Company.
9.4. The Company may make partial deliveries of products ordered under the one and same order provided that the products can be used separately. In this case, the Company will bear the additional delivery costs related to these deliveries. In any case, partial deliveries are deemed to be valid and the User shall have no right to refuse the delivery or obtain refunds or compensation.
9.5. At product delivery, the User is obliged to check that
(i) the number of parcels corresponds to the number shown on the transport documents and
(ii) that the packaging is intact and does not show any signs of being damaged, tampered or altered. If this verification does not prove satisfactory, the User shall immediately refer these objections to the carrier, refusing to accept the product or accepting it with reservations, writing this on the transport documentation. In addition, the User must report the incident to the Company by contacting Customer Services, within and not later than 8 (eight) days from the date of the delivery.
9.6 If the purchased products will require the crossing of customs (depending on the country of destination) and the customer decides not to receive the order once it has arrived at customs, Foster S.p.a doesn't guarantee the reimbursement of the goods which will be abandoned in place.
10. Late Deliveries
10.1. Where a contract exists and a Company service provider does not deliver the products ordered by the User from the Company within the agreed deadlines, the deadlines for the delivery of the products to the User shall be deemed to be extended to a maximum of 30 (thirty) days from the conclusion of the Contract.
10.2. In compliance with article 61 of the Consumer Code, where the Company does not deliver the products within the agreed deadlines or within the deadline outlined in article 10.1, the User can request that it makes the delivery within an additional deadline appropriate for the circumstances. If the additional deadline passes and the products are still not delivered, the User has the right to cancel the Contract, without prejudice to compensation for damages.
11. Withdrawal of products
11.1. In the case of the failed delivery of products due to the User's absence where the carrier has made attempted deliveries in accordance with their procedure, the carrier will hold the products at their warehouse until the User withdraws them, and in any case within the time frame indicated in the notification of attempted delivery provided to the User. If the products are not withdrawn within that timeframe, they will be returned to the Company. In this case, the Contract will be deemed terminated immediately, pursuant to article 1456 of the Civil Code, by an email sent to the User, and the related order will be cancelled. Within the next 15 (fifteen) days, the Company shall proceed to refund the payment made by the User for the products, minus the unsuccessful delivery costs, the costs of returning the products to the Company and any other potential cost that the Company has incurred due to the failed delivery of the products caused by User's absence or failure to fulfil their obligations to receive the delivery.
11.2. Following the communication as per article 11.1, the User requesting the delivery of previously ordered products, is required to make a new purchase order, without prejudice to the Company's right to refuse such an order.
12. User declarations and guarantees
12.1. The User declares and guarantees:
12.1.1. that they can legitimately agree to these General Terms;
12.1.2. that they are over 18 years;
12.1.3. that the personal data and other information provided to the Company when registering on the Website or when purchasing a product is truthful, correct and up to date. The Company reserves the right to verify the information provided to it at any given time and in any manner available to it, and may ask the User for appropriate documentary proof. Where there is a breach of this article 12.1.3, it may close or suspend the User's account;
12.1.4. that they will utilise the Website in compliance with any applicable regulatory or legal provision, avoiding any form of direct and/or indirect use of the Website in breach of the law, of these General Terms or harmful to third party rights.
12.2. The User agrees to hold the Company harmless against any liability, lawsuit, cost, expense and claim which may arise from a User's breach of the declarations and guarantees under article 12.1, without prejudice to the Company's entitlement to cancel the Contract with immediate effect pursuant to article 1456 of the Civil Code.
13. Legal Guarantee of Conformity
13.1. The products sold through the Website to the User are covered by a legal guarantee of conformity pursuant to articles 128 et seq of the Consumer Code ("Legal Guarantee").
13.2. The Company is required to deliver products to the User that are compliant with the Contract.
13.3. The Company is liable to the User for any failed non-compliance present at the time of delivery of the product, on condition that the compliance defect became apparent within 2 (two) years from the delivery of the product. The User loses their own rights under the Legal Guarantee if they do not notify the Company of the failed compliance within 2 (two) months after finding the defect, by contacting Customer Services in the manner outlined in article 16; this complaint should contain an accurate description of the contested defects or flaws. In this case, Customer Services is required to respond to the User's complaint, providing instructions for returning the defective product. These costs will be borne by the Company. The Company has the right to request that the User returns the product for which the User intends to apply the Legal Guarantee, the receipt of payment, or any other document.
13.4. The User can request that the Company, at their discretion, repairs the product or replaces it, free of charge, unless the chosen repair method would be objectively impossible or excessively costly compared to another.
13.5. The User can request, at their discretion, a reasonable reduction in the price or the cancellation of the Contract in any one of the following situations:
(i) repair and replacement are impossible or excessively costly;
(ii) the Company did not repair or replace the product within a reasonable time;
(iii) a previous replacement or repair has caused significant inconvenience to the User.
13.6. Where the product is required to be repaired by the manufacturer's technical service centre, the Company shall arrange to send the product to this service centre, notwithstanding that it will continue to be directly liable to the User under the Legal Guarantee.
13.7. If, after withdrawing the product, the Company determines that the non-conformity defect exists, any potential transport repairs or replacement product costs will be borne by the Company. On the other hand, where the Company determines that the non-conformity defect does not exist or there are not any prerequisites to apply the Legal Guarantee, the Legal Guarantee shall not apply and all transport costs as well as all the costs associated with determining the stated non-conformity defect shall be borne by the User; in this case, the Company will notify the User.
13.8. The User acknowledges and accepts that the Legal Guarantee does not cover any potential flaws or damages caused accidentally or attributable to the User or where the use of the product is not compliant with its intended purpose.
14. Right to Cancel
14.1. The User has the right to withdraw from the contract without providing any explanation within 14 (fourteen) days. This period of withdrawal expires after 14 (fourteen) days from the conclusion of the Contract or from the day when the User, or a third party designated by the User, other than the carrier, takes physical possession of the products. If the User purchases several products with a single order, this withdrawal period expires after 14 (fourteen) days from the day when the User or a third Party, other than the carrier, designated by the User, takes physical possession of the last product.
14.2. To exercise their right to withdrawal the User is obliged to clearly declare their intention to withdraw from this Contract by informing the Company through the following contacts. For this purpose, the User can use the withdrawal form available through this link, notwithstanding that its use is not obligatory.
14.3. To comply with the withdrawal deadline, the User simply communicates their right to withdraw prior to the expiry of the withdrawal period. When the Company receives the withdrawal request, it will send an email without delay to the User confirming receipt.
14.4. In the case of withdrawal, the User will be refunded all payments made to the Company, including delivery costs, excluding any additional costs arising from the User potentially choosing a delivery method different from the least costly standard delivery method offered by the Company, and without undue delay and in any case not more than 14 (fourteen) days from the day the Company was informed of the decision to withdraw from the Contract. These refunds will be made using the same payment method used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the User shall not incur any cost as a consequence of this refund.
14.5. Unless the Company itself agrees to withdraw the products for which the User is applying the right to withdraw, the User is required to return or deliver the products to the Company or to the contracted carrier services without undue delay and in any case within 14 (fourteen) days from the day when the User notified the Company of their withdrawal from the Contract. The deadline shall be deemed to have been observed, if the User returns the products prior to the expiry of the 14 (fourteen) days, to the following address: Foster spa (in charge of Foster S.p.A.), via provinciale Nazzano 24 - 54033 Carrara (MS) Italia. The cost of returning the products are borne by the User unless the Company, at its own discretion, agrees in writing to accept these costs. The Company can suspend the refund of the product costs until they receive the products or until the User can demonstrate that they have returned the products, whichever comes first.
14.6. The User is required to return the products intact, with their original and unremoved labels. The product packaging must be correct, in order to protect the original packaging from damage, defacing or affixing of labels.
15. Disclosure of Personal Data
15.1. The Company processes the User's personal data for the purposes and in accordance with the procedures outlined in the Privacy Notice on the Website through the link.
16. Customer Services
16.1. The Customer Services Department, which the User can contact for any information, to request help or to send complaints is contactable at the following addresses:
Foster S.p.A. – Customer Service
Via Provinciale Nazzano, 24 – 54033 Avenza - Carrara (MS) (Italia)
Tel: + 39 0585 52052
Fax: +39 0585 55046
17. Online complaint resolution
17.1. The User has the option to use the platform established by the European Commission to resolve disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the User and the Company can resolve disputes related to online purchases using an impartial body. The ODR Platform can be accessed through the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
18. Applicable law and competent jurisdiction
18.1. These General Conditions are governed by Italian law. For any dispute arising between the Parties in relation to the validity, the interpretation, the execution and resolution of these General Conditions, or each Contract, the Court of the place of residence or the domicile of the consumer if located within the Italian territory shall be the competent Court. If the User is not resident or domiciled in Italian territory, for any disputes arising between the Company and the User in relation to the interpretation of definitions of the General Conditions and the execution of the Contract, where the action is taken by the Company, the latter may choose between the Court of Milan or the Court of the User's place of residence or domicile, as an alternative: if the User takes the action, solely the Court of Milan shall be the competent authority.