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Access to and use of the www.fabe.it website (hereinafter referred to as the “website”), as well as the purchase of products on the aforementioned website, is granted on the assumption that these general terms and conditions have been read, understood and accepted. The products available on the website (“products”) are sold by Fabe S.r.l. (hereinafter “Fabe”), with registered offices in Viale Aldo Moro, 32/B – 24054 Calcio (Bergamo) ITALY – VAT no. IT01946690169, enrolled in the Bergamo Business Register under no. 04795470154 and EAI no. BG-183435. The contents of www.fabe.it, such as, for example, the figurative components, music, videos, graphics and any other material published on the website, are protected by Fabe’s intellectual property rights; therefore, their reproduction, either in whole or in part, is prohibited without express written consent from Fabe. All the distinctive marks of the products sold on the website are registered trademarks of their respective owners and are lawfully used with the sole intent of describing the products on sale. Any use of the trademarks belonging to Fabe, Gamtex and similar and/or those belonging to third parties is unlawful and, being unauthorised, is prohibited and will result in legal consequences. The use of said distinctive marks for the purpose of taking unfair advantage of the reputation of said marks in such a manner as to cause them prejudice is strictly forbidden. The www.fabe.it website may contain links to other websites that have no connection to Fabe, which has no control over said websites; therefore, Fabe cannot be held responsible for the contents of other websites, including with regard to the processing of personal data. Fabe adopts measures to prevent the publication on its website of content that may be considered harmful to the civil and religious beliefs and to personal dignity in all its forms and expressions, in accordance with current national legislation.
The offer and/or sale (online) of the products on the website constitutes a remote sales contract governed by articles 50 et seq. of Italian Legislative Decree n. 206 of 06.09.2005 (“Consumer Code”) and by Italian Legislative Decree n. 70 of 09.04.2003 (known as the “electronic commerce law”). The purchase of products on the website is only permitted to those of legal age. The Customer is obliged to carefully read the general terms and conditions that Fabe provides, as well as all other information pertinent, both before and during the purchase procedure. The contract is to be considered concluded, and consequently effective for Fabe, only on the explicit acceptance of the order by Fabe.
Pursuant to art. 3, paragraph 1, letter a) of the Consumer Code: the “consumer” is a natural person who is acting for purposes other than any business, commercial, artisan or professional activities they may otherwise carry out. Hereinafter, the consumer will therefore be referred to as the “Customer”. Pursuant to the law, a working day is any day of the week with the exception of Saturdays, Sundays and public holidays recognised in Italy.
The purchase of products on the website can take place following completion of the dedicated order form and the sending of the same to Fabe in accordance with the instructions online. The Customer is required to indicate their interests on the order form by specifying: item number, colour, size, brand and description of the product. Before proceeding with the definitive sending of the order, the Customer may identify and correct any errors in compilation by following the instructions that accompany the stages of purchase; the Customer is required to expressly approve the general terms and conditions of sale, the reading, confirmation and acceptance of which is a required field. Once sent, the Customer’s order will be followed by an email confirming receipt of the order, and then, within three working days, by an email confirming acceptance by Fabe, to which these terms and conditions of sale will be attached. The order form will be stored on Fabe’s database for the period of time necessary for fulfilment of the relative order, and in any case, in compliance with the law.
Only once Fabe has accepted the order will the contract be considered concluded and therefore deemed effective with regards to Fabe. In the event that Fabe S.r.l. does not send acceptance of the order within three working days from the sending of the same, the Customer’s proposal is to be considered as rejected and therefore ineffective.
Fabe S.r.l. reserves the right to refuse orders at its sole discretion. Fabe S.r.l. undertakes to adopt all reasonable measures to ensure that the products displayed on the website are available for online purchase by Customers. It is however possible for problems regarding the availability of certain products to occasionally occur. In these circumstances, the Customer will be duly informed by email or telephone no later than three working days after receipt by Fabe of the order. In this case, the Customer will be provided the opportunity to either cancel the order of the individual item or the entire order, with the consequential right of the Customer to receive a refund corresponding to the price of the single item or the entire order within ten working days of receipt of notice of unavailability. Shipping costs are only refunded if the entire order is cancelled. The refund will be made using the same method of payment used by the Customer to make the purchase.
As provided for by Italian law regarding right of withdrawal, the Customer has the right to return or exchange the products purchased within 14 days from the date of purchase. However, as further protection for the Customer, Fabe offers more than twice this period of time, guaranteeing the Customer a period of 30 days within which to return the products and receive a refund if they are not satisfied. During said period, the Customer may evaluate the product and return it if it is not to their liking or if it does not comply with that indicated on the website.
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Find out more about the Fabe Guarantee by <clicking here>
Each product is accompanied by an information sheet illustrating the main characteristics of the relative product on the basis of the information provided by the manufacturers of branded goods. Fabe will do its utmost to ensure that the images published provide the most faithful representation possible of the products on sale. The colour of the product may however differ from the actual colours due to the settings of the computer systems used by the users to view the product. Product images may differ in size. For the purposes of the purchase contract, the product description contained in the order form sent by the Customer will apply. Fabe reserves the right to change or update the products offered on the website at any time without notice.
The prices published on the website, which are line with market parameters for the purpose of maintaining the image of the brand, are shown in EUR and are inclusive of VAT. Delivery costs shall be borne by the Customer unless otherwise specified in the information sheet and on the order page. Fabe reserves the right to modify the price of the products at any time; the price for the product charged to the Customer will in any case be the price displayed on the website at the moment of placing the order, and any variations (increases or decreases) made after sending of the order will not be taken into account.
The mere adding of the product to the Shopping Cart does not guarantee that the prices of the selected product will not be modified.
If, due to errors or other problems, the price indicated on the website is lower than the correct sale price for a determined product, the Customer will be contacted by Fabe to ascertain whether the Customer wishes to continue with the purchase of the product at the correct price or to cancel the order. If the correct price of a product is lower than the price indicated on the website, the lower correct price will be charged, and the product will be delivered to the Customer.
Payment of the price may be made with one of the methods indicated on the website during the purchase procedure. The available methods of payment are PayPal and PlayPlug.
PayPal is accessible either via a relative account or simply by credit card. The data entered by the Customer during payment may be used by Fabe when necessary in order to reimburse the Customer in the cases provided for by these general terms and conditions of sale and/or by law.
PayPlug allows the use of credit cards belonging to the Visa, Visa Electron and MasterCard circuits, as well as debit cards belonging to the PostePay and Bancomat circuits. The customer must provide the requested data, which are managed directly by PayPlug. The information is obscured through the use of encryption systems that prevent it from being used by third parties. In the event that the transaction has been concluded successfully, the PayPlug payment system will send an email to the Customer confirming the transaction, and an email to Fabe authorising delivery.
Fabe will issue administrative and fiscal documentation regarding the purchase of products via this website on the basis of the data provided by the Customer when filling in the order form or registering their personal account. In the event that the customer registers in the name of and on behalf of a legal entity, the administrative and fiscal documentation will carry the data indicated at the time of registration. The Customer may modify their account details at any time by accessing their reserved area.
For deliveries, Fabe will use the carriers it has selected, and in the event that the relative item is available, will send it on receipt of payment or confirmation of the successful completion of the financial transaction within three working days, save for complications. Fabe will not accept responsibility for non-delivery or delayed delivery due to force majeure. The risk of accidental loss of the shipment remains the responsibility of Fabe until consignment. Products are sent by Fabe to the destination address indicated by the Customer on the order form. Delivery to certain locations considered “remote” by Fabe cannot be guaranteed. The cost of delivery within the Italian territory is EUR 9.90 (including VAT). For orders for products for a total value of more than EUR 30, delivery within the Italian territory is free of charge. On consignment, the Customer is required to check that the products correspond to those indicated in the order acceptance email received from Fabe and to those indicated in the transport document and/or invoice sent in advance by email, that the packaging is intact, undamaged, not wet or in any way altered, that the sealing materials (adhesive tape or plastic strapping) have not been tampered with in any way, and that the products bear the Fabe anti-tampering security seal.
As per above, the Customer is required to check the products on consignment to ensure that they correspond to the items ordered. Any anomalies found on consignment (such as packaging showing signs of damage or tampering, damaged products, missing items, etc.) must be indicated on the delivery note and signed by the Customer. If the products do not correspond to those ordered, Fabe invites the Customer to promptly inform the company via Customer Service by writing to info@fabe.it. In this case, the Customer has the right to request fulfilment of the order, subject to the return of the goods received, or, in the event of unavailability of the products ordered, to order alternative articles of the same nature or, alternatively, to be reimbursed for any difference in price or to cancel the entire order.
Fabe processes the Customer’s personal data including those communicated to its employees and collaborators, in accordance with the provisions of Regulation (EU) 2016/679 (“GDPR”) and other applicable regulations regarding the protection of personal data.
Fabe adopts technical and organisational measures to safeguard the security of the sales service and the integrity of data in terms of traffic and electronic communications, in order to avoid the risk of dispersion, destruction or loss of confidential and non-confidential information relating to its users, as well as unauthorised access, or access that does not comply with the law. The personal data requested when placing the order are collected and processed in order to satisfy the Customer’s requests, to correctly fulfil the order (also through transmission to commercial partners involved in the management of the payment, in the execution of the order and/or in the shipping of the article), for any claims regarding the item warranty and/or for recommendations or instructions to the Customer regarding the article. Further information on the processing of personal data can be found in the “Privacy Policy” published on Fabe’s website and available here https://fabe.it/privacy-policy/, to which reference is made.
The Customer can register on the website and create a personal account (hereinafter referred to as “account”) in order to benefit from a simplified purchasing procedure, to track the orders placed and to store and update the information and personal data (e.g., their identification data and purchases made) required or useful for proceeding with purchases. By creating an account, the Customer accepts the terms and conditions of use of the “Create Account” service pursuant to this section of the Terms and Conditions of Sale.
In the event that the Customer does not agree with these terms and conditions of use, they are required not to proceed with creating an account.
The Customer indemnifies and holds Fabe harmless from any responsibility, damage or costs (including reasonable legal fees) of any nature that Fabe may incur as a result of the incorrect or improper use of the personal account or use of the same contrary to these terms and conditions of use.
Once the personal account has been created, the Customer will be required to use it in such a manner as not to cause, or be likely to cause, interruptions or damage to, or the malfunctioning of, the website, to not use the account for fraudulent purposes or in any case to commit unlawful activities or to cause disturbance or harm of any nature or kind.
Fabe reserves the right to suspend or close an account in the event of fraudulent or improper use of the same or in the event of violation of these Terms and Conditions of Sale.
Fabe invites its Customers to diligently conserve the access data to their account and to take all necessary measures and precautions to ensure that said access credentials remain secure and confidential.
Fabe invites Customers to carefully read the paragraph on “Protection of personal data” as well as the “Privacy Policy” available on the website https://fabe.it/privacy-policy/ in order for them to understand the methods, terms and conditions relating to the processing of personal data provided by Customers for the purposes of creating and managing personal accounts and for the fulfilment of any other purposes envisaged. The Customer may delete their account or modify the information and/or personal data entered at any time. The Customer is responsible for ensuring that the personal data entered into their account is up-to-date, accurate and correct.
These general terms and conditions of sale (hereinafter referred to as general terms and conditions) are governed exclusively by Italian law. If the Customer is a Consumer, these Terms and Conditions of Sale are governed by Italian Legislative Decree n. 206/2005, the Consumer Code, with specific reference to the regulations on remote contracts, and by Italian Legislative Decree n. 70/2003 on certain aspects of electronic commerce.
The applicable Terms and Conditions of Sale are those in effect on the date of sending of the purchase order; these may be modified at any time by Fabe, and any variations and/or updates are to be considered as effective only upon their being published on the website, which the Customer is invited to verify. By placing the order, the Customer acknowledges and expressly accepts the Terms and Conditions of Sale valid at the moment of conclusion of the contract. The attentive reading of the Terms and Conditions of Sale, and their implicit approval, constitutes informed negotiation of every single clause. In the event that any present or future provision of the general terms and conditions of sale and/or the contract is or becomes either wholly or partially null and void or ineffective, or if there is an omission in the provisions of the general terms and conditions of sale or the contract, the remaining provisions of the general terms and conditions of sale and the contract shall nevertheless remain valid and effective. In such cases, Fabe and the Customer undertake to negotiate any necessary integrations to the contract and to replace the null or ineffective clauses in order to, in any case, safeguard the contract.
Except in cases of fraud or gross negligence, Fabe shall not be liable in any manner to the Customer as a result of:
Fabe declines all responsibility for any damage resulting from the inaccessibility of the website, from service interruptions or from problems related to the network, to providers, and more generally from the failure of electronic equipment used by the Customer.
