Terms and Conditions of Sale

Terms and conditions of sale

General information and intellectual and industrial property rights.
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 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 n. IT01946690169, enrolled in the Bergamo Business Register under no. 04795470154 and EAI n. BG-183435. The contents of www.fabe.it, such as, by way of example but not limited to, 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 for the sole purpose of describing the products on sale; any use of the Fabe, Gamtex or similar trademarks and/or third-party trademarks that does not comply with the law, and as such is unauthorised, is forbidden and will lead to legal consequences. The use of said distinctive marks for the purpose of taking unfair advantage of the reputation of such marks in such a way as to prejudice them is strictly forbidden. The www.fabe.it website may contain links to other websites that have no connection with Fabe, which has no control over said websites; therefore, Fabe cannot be held responsible for the contents of other websites, including matters regarding 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 the dignity of people, in all its forms and expressions, in accordance with current national legislation.

Field of Application
The offer and/or sale (online) of the products on the website constitutes a distance 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 (the so-called “regulation for electronic commerce”). 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, with the consequent obligation for Fabe to render said contract effective, only after explicit acceptance of the order by the latter.

Pursuant to Article 3(I)(a) of the Consumer Code, the following definitions apply: “Consumer” a natural person acting for purposes other than business, commercial, artisan or professional activities that may be carried out by the same. As used herein, therefore, the consumer will be referred to as the “Customer”. For the purposes of the law, a working day is any day of the week with the exception of Saturdays, Sundays and public holidays recognised in Italy.

Conclusion of the contract
The purchase of products on the website can take place following compilation of the dedicated order form and the forwarding of the same to Fabe following the instructions online. In the order form the Customer must indicate what they are interested in by specifying the code, the colour, the size, the brand and the description of the product. Before definitively sending the order, the Customer may identify and correct any errors in data entry by following the instructions accompanying the stages of purchase; the Customer is obliged to expressly approve the general conditions of sale, the reading, confirmation and acceptance via a link of which represents a mandatory field. Following the sending of the Customer’s order, an order-receipt email will be sent, and followed, within the successive three working days, by Fabe’s order acceptance, to which a copy of these sales conditions will be attached. The order form will be stored on Fabe’s database for the time necessary for its fulfilment, and in any case, in compliance with legislation.

Only once Fabe has accepted the order will the contract be considered concluded and therefore deemed effective with regards to Fabe. If after three working days since transmission of the order, Fabe S.r.l. has not yet sent acceptance of the same, the Customer’s proposal must be considered rejected and therefore ineffective.

Fabe S.r.l. reserves the right to refuse orders at its sole discretion.

Fabe S.r.l. undertakes to take all reasonable steps to ensure that the products displayed on the website are available for online purchase by customers. However, there may be occasional problems regarding the availability of certain products. In said circumstances, the Customer will be duly informed by email or telephone no later than three working days after Fabe has received the order. In the event of the above, the Customer will be offered the choice between cancelling the order of a single item or the entire order, with the consequent right for the Customer to receive a refund of the price of the single item or the entire order within ten working days of receiving 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 that the Customer used to make the purchase.

As provided for by Italian law regarding the right of withdrawal, the Customer has a period of 14 days from the date of purchase in which to return or exchange the products purchased. However, Fabe, in order to further protect the Customer, more than doubles this period, guaranteeing 30 days within which to be satisfied or reimbursed. 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.
If you would like more information about the conditions of withdrawal <click here>
Learn more about the Fabe Warranty <by clicking here>

Product information data sheet
Each product is accompanied by a data sheet illustrating the main characteristics of the same based on information provided by the manufacturers of the branded goods. Fabe will do its utmost to ensure that the images published represent the products on sale as faithfully as possible. However, the colours of the products may differ from the actual colours due to the settings of the computer systems used by users for viewing. 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 prior notice.

The prices published on the website, in line with market parameters so as not to debase the prestige of the brand, are shown in Euros and are inclusive of VAT. Delivery costs shall be borne by the Customer, unless otherwise specified in the data sheet and on the order page. Fabe reserves the right to modify the price of products at any time; in any case, the price of the product charged to the Customer is that indicated on the website at the time of the order without taking into account any variations (either increases or decreases) following the sending of the order itself.
The mere inclusion of the product in the Shopping Cart does not guarantee that the prices of the selected product will not be changed.
If, due to misunderstandings or other inconveniences, the price indicated on the website should prove to be lower than the correct selling price of a product, the Customer will be contacted by Fabe to verify whether they still wish to purchase the product at the correct price or whether they prefer to cancel the order.
If the correct price of a product is lower than that indicated on the website, the lower correct price will be charged and the product will be delivered to the Customer.

Method of payment
Payment of the price may be made via one of the methods indicated on the website during the purchase procedure. The methods available are PayPal and PayPlug.
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 is 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 is successful, the PayPlug payment system will send an email to the Customer confirming the transaction, and an email to Fabe authorising delivery.

Accounting and tax documentation
Fabe issues accounting and tax documentation relating to the purchase of products through this website on the basis of data provided by the Customer when filling out the order form or creating their personal account.
If the Customer registers in the name and on behalf of a legal entity, the accounting and tax documentation will contain the data indicated at the time of registration. The Customer may modify their account details at any time by accessing their reserved area.

Delivery costs and terms
For deliveries, Fabe uses carriers selected by you, and – if the article is available – will dispatch it, once payment has been confirmed or the financial transaction has been successfully completed, within the following three working days, save for complications. Fabe cannot 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 delivery. Deliveries of products are made by Fabe to the destination address indicated by the Customer on the order form. Delivery to certain locations considered ‘remote’ by Fabe is not guaranteed. The cost of deliveries within Italy is Euro 9.90 (including VAT). For product orders for a total of more than 30 euros, shipping in Italy is free. On delivery, the customer must 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 Fabe’s disposable guarantee seal.

As specified above, on delivery the Customer must check the products to ensure that they correspond to the items ordered. Any anomalies found on delivery (such as damaged or tampered with packaging, 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 kindly requests that the Customer promptly reports the problem to Customer Service via the email address info@fabe.it. In this case, the Customer has the right to demand the execution of the order, subject to return of the goods received, or, in the event of unavailability of the products ordered, to order different articles of the same nature or, alternatively, to be reimbursed for any difference in price or to cancel the entire order.

Protection of personal data
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 and 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 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/ and to which reference is made.

Creating and using an account
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, keep track of the orders placed and store and update certain information and personal data (e.g., their identification data and purchases made) necessary or useful to proceed with the purchase. By creating an account, the Customer accepts the conditions of use of the “Create Account” service set out in this section of the Terms and Conditions of Sale.
If the Customer does not agree with these conditions of use, they must not proceed with creating an account.
The Customer indemnifies and holds Fabe harmless from any responsibility, damage or costs (including reasonable legal fees) of any kind that Fabe may incur as a result of the incorrect or improper use of the personal account or use of the same contrary to the present conditions of use.
Once the personal account has been created, the Customer must use it in such a manner as not to cause, or be likely to cause, interruptions, damage or the malfunctioning of the website, not to use the account for fraudulent purposes or in any case to commit unlawful activities or to cause disturbance or prejudice 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 Customers to diligently guard 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/ so that they may 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 carrying out the other purposes envisaged.
The Customer may at any time delete their account or modify the information and/or personal data entered. The Customer is responsible for the currentness, accuracy and correctness of the information and personal data entered into their account.

Applicable law and jurisdiction
These general terms and conditions of sale (hereinafter referred to as general terms and conditions) are entirely governed by Italian law.
If the Customer is a Consumer, these Terms and Conditions of Sale are governed by Italian Legislative Decree n. 206/2005, Consumer Code, with specific reference to the regulations on distance contracts, and by Italian Legislative Decree n. 70/2003 on certain aspects of e-commerce.

Validity, Effectiveness and Modification of the Terms and Conditions of Sale
The Terms and Conditions of Sale applicable are those in force on the date that the purchase order is sent; they can be modified at any time by Fabe, and any variations and/or updates are effective only from the moment of their publication on the website, which the Customer is required to check. By placing an order, the Customer acknowledges and expressly accepts the Terms and Conditions of Sale valid at the moment the contract is concluded. Careful reading of the Terms and Conditions of Sale, and their implicit approval, constitutes informed negotiation of each and every clause. Should any present or future provision of the General Terms and Conditions of Sale and/or the contract be or become wholly or partially null and void or ineffective or should there be a gap 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 contractual additions and to replace the null or ineffective clauses in order to safeguard the contract in any case.

Limitation of liability
Except in cases of fraud or gross negligence, Fabe shall not be liable in any way to the Customer as a result of:

  • damage or loss caused by the products or their use by the Customer.
  • damage that is not caused by negligence on the part of Fabe.
  • loss of business or trade opportunities.

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.

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