Terms and Conditions of Use
Fakieshop has chosen partners to have links from its site. However these sites are not within our control and we cannot be held responsible in any way for the content or services on these sites nor can we vouch for the privacy practices operated on those sites .
Whilst every effort has been made to present the true likeness of the product colours, variations may occur on different screen resolutions and qualities. We therefore cannot guarantee colours will be as seen on your screen.
Changes to terms and conditions
These terms and conditions may be subject to change from time to time. You will be subject to whatever are the terms and conditions current at the time you use this site.
Mail to : mailorder(at)fakiestore.com
All sales made outside of Italy are final. For orders made and received from within Italy: You have the right to cancel/return your order within 14 days if the value of the ordered item is not decreased by the buyer through damage, wearing, etc.. : It is very important that you provide us with a telephone number that you use during day time, preferably a cellphone number.
You can return an item within 14 days at your own expense. The item have to be un-used and in new condition. Both the returned item AND the packaging has to be in un-used as new condition. Without the Receit you can´t change the product. If you place an order and refuse the package when it arrives, you will not get a full refund for your order. You will be charged with the costs of the shipping fees.
NOTE: The process of refunds & exchanges can take up to 30 days. Any returns should be sent to: Fakieshop OHG - Via Portici 244 - 39012 Meran - Italy. We recommend you, to inform yourself about the delivery costs at the post office and different delivery services first. So you can find the best and cheapest delivery service for your return. Returns where postage is not paid will not be accepted by us.
Please direct ALL enquiries regarding returns to: firstname.lastname@example.org. Please state your order number in the header. Reduced and limited items are excluded from this policy and are not returnable nor exchangable. Products on sale can not be returned nor exchanged. Unidentified returns may be returned to the sender.
Occasionally errors may occur where prices are incorrectly displayed or change as a result of circumstances beyond our control. In those situations, you will be informed of the correct/revised prices once we receive your order, and if you should not wish to purchase the product concerned at that price we will cancel that part of the order.
CANCELLATIONS AND CHANGES
If you'd like to cancel your order or make any adjustments it is important that you contact us asap so that we don't pack and ship the order. Always type 'CANCELLATION' or 'ORDER CHANGE' along with your order number in the subject field on the email and we will look into the matter. If you have any questions please send us an email or give us a call before you place an order.
Returning an Order: All returns must be sent back within 10 days of the package/s arrival. Returned items must be in like-new condition – not worn nor washed. Items must be sent back to the return shipping address on the package label. All returns must include a note that states clearly the order number (found on the invoice that was emailed to the customer when the order was placed) and the requested action – refund or exchange.
When sending an item back for a refund, we will provide the credit to your account with an Bank transfer. These refunds will appear on your account within 10 days of our processing the returned package.
RIGHT OF CANCELLATION
Pursuant to Italian D.Lgs. 206/2005 (consumer code), the Supplier informs the Buyer as follows:
the Buyer may exercise the right of cancellation by and no later than 10 working days from the date of receipt of the ordered goods; only if the Supplier has not duly fulfilled the obligations of information as per section 52 of Italian D.Lgs. 206/2005 the term for cancellation shall be extended to three months; the right of cancellation may be exercised solely by the Buyer - end consumer - who purchases the goods for purposes unrelated to his economic and working activity and who therefore provides the Supplier with his personal data and Inland Revenue Code at the time of making the purchase.
Exclusion of the right of cancellation.
The right of cancellation is excluded in the following cases (pursuant to Italian D.Lgs. 206/2005): purchase of tailor-made or customised goods or goods that by their nature cannot be re-dispatched or risk fast deterioration or alteration; and purchase of newspapers, periodicals and magazines; and the provision of services which have commenced, in agreement with the Buyer, prior to the expiry of the term of ten days provided for under paragraph 1 of section 64 of Italian D.Lgs. 206/2005.
Method of exercising the right of cancellation.
The Buyer may exercise the right of cancellation by sending, within the aforementioned term, a recorded delivery letter with return receipt to:
Fakieshop KG - Via Portici 244 - 39012 Meran - Italy Esercizio diritto di recesso
This communication must contain all the information specified herebelow: the order number for which cancellation is being exercised; the express wish of the Buyer to wholly or partially cancel the purchase contract; the description and codes of the items for which the Buyer is exercising the right of cancellation; copy of the purchase document (invoice - receipt - transport document) relating to the cancelled order; details of the Buyer’s bank (current account, banker’s association code, sort code, account holder if other than the Buyer).
Failing the requirements as set forth in the points hereabove, the cancellation requests shall not be valid and therefore the order to which it refers shall remain valid and binding between the parties. To honour its side of the relationship the Buyer undertakes to preserve and carefully and duly protect the received products for which it intends to exercise the right of cancellation, keeping them intact together with the original internal and external packaging. Following receipt of the recorded delivery letter with which the Buyer notifies his wish to exercise the right of cancellation, the Supplier, having checked that the aforementioned requirements have been satisfied, shall send the Buyer via e-mail the number (called DDR) for returning the products to the Supplier. The Buyer undertakes to return the products for which the right of cancellation has been exercised no later than 15 (fifteen) days from notification of the DDR. The Buyer shall send the goods to the following address:
Fakieshop KG - Via Portici 244 - 39012 Meran - Italy - Esercizio diritto di recesso
taking care to clearly indicate the DDR number on the outside of the packaging. The transport expenses and risks for the return are fully charged to the Buyer. The return of products that are damaged, deteriorated or lacking in original accessories or equipment shall not be accepted by the Supplier and shall be returned to the Buyer with the debiting of transport expenses. Once the Supplier has received the goods in conformity with the foregoing and has carried out the due checks, it shall refund the Buyer as quickly as possible.
When you click on the "confirm" button my order after the process of order, you state to fully accept this one as well as the entirety of these General Conditions of Sale and without reserve. The data recorded by fakieshop.com constitute the proof of the whole of the transactions passed through fakieshop.com and its customers. The data recorded by the system of payment constitute the proof of the financial transactions.
Our offers of products are proposed within the limit of stocks available. Reservation in the event of non-availability: Availability of certain goods offered in our online shop cannot be guaranteed in special events. We therefore reserve the right to cancel the service in the event of non-availability. In this case, we will inform you immediately and refund any payments that have already been performed.
The warranty period is two years starting from the date of delivery. For warranty claims it is necessary to be able to relate to the the date of purchase. If possible, the product to be claimed for warranty should be sent to us including a copy of the invoice.
The Buyer fully accepts at the time of purchase any commercial and service terms of warranty offered by the manufacturers of the purchased items that may be beyond the Supplier’s control and for which it is therefore not liable.
ACCEPTANCE OF THE PURCHASE ORDERS
Fakieshop.com makes it known that there may be limits to the availability of Products offered in this site depending from both quantity and place of destination of the same. Such limits shall be promptly notified to the Buyer and it will be impossible to forward orders of Products to Fakieshop that are not in compliance with such limits of availability, and in any case if such orders are forwarded they shall be deemed ineffective.
The order placed by the Buyer is subject to the explicit acceptance of Fakieshop.
The acceptance shall be sent via e-mail to the address given by the Buyer together with the information provided for by law regarding distance contracts (sect. 52 Italian D.Lgs. No.206/2005).
The orders issued by the Buyer will only be binding on Fakieshop if the Buyers receives confirmation from Fakieshop via e-mail that the whole order process has been duly completed, that payment has been authorised and that the products are available. Print the e-mail and keep it, since it contains all the terms and conditions of the purchase contract. If you do not receive the e-mail of confirmation, please contact us via the e-mail address.The Buyer accepts that all communications from the Supplier relating to the order are sent via e-mail and Web service. The communications as specified in the next clause are applicable thereto.
None of the information in the web site may be considered as a quotation, but represents a request to quote. Products and services are provided on the conditions as set forth in these terms with the exclusion of all and any other term or condition laid down by the Buyer. Any change or amendment to these terms of sale shall be binding only if and when fully accepted in writing by Fakieshop.
The Supplier does not carry out partial orders and in the event of partial or total unavailability prior to passing on the order, the system will inhibit the possibility of processing such order. In the event of partial or total unavailability subsequent to placing the date of the order and due to causes beyond the Supplier’s control, the latter will send via e-mail, within 30 days as from the date of the order delivery date, information relating to the carrying out of such order. Every order is identified by an unequivocal code (order number) and shows the date of forwarding to the system, the detail of the purchased items, the dispatch and packaging charges, the single prices inclusive of VAT in Euro and the total cost summary given in Euro. The Buyer accepts that communications relating to the order received by the Supplier are sent by the latter via e-mail and via Web service. With regard thereto, communications as set forth in article 12 hereunder are applicable.
GUARANTEES GIVEN BY THE BUYER
The Buyer guarantees, accepting all and every relevant liability and holding the Supplier harmless from any prejudicial consequence, that his personal data given at the time of accepting these terms of sale are true. The Buyer also guarantees that such data allow his true identity to be identified. The Buyer therefore undertakes to inform the Supplier immediately in writing, also via e-mail, of all and any change in the supplied data. The Buyer is given at the time of registration a user name (or User-ID) and the password (for access to the protected areas of the site), the combined use of which will identify the Buyer and will allow him to purchase on-line on the Fakieshop site. The Buyer is therefore informed of the fact that purchase orders issued through the combined use of the user name and the password are valid and binding. The availability of both the user name and password to a third party would allow the latter to issue regular orders that oblige the Buyer (having been identified by user name and password) to accept receipt of the ordered goods and to pay the due amount. The Buyer is therefore required to keep both the identification code and the password duly confidential for the entire duration of the relationship with the Supplier. The Buyer is also informed of the need to give the Supplier a valid e-mail address so that the latter may forward the confirmations of order and any other communication.
LIMITATIONS OF LIABILITY
Any information relating to the products sold by the Supplier is based exclusively on data published and made known by the respective manufacturers. The Supplier is therefore not responsible for compliance of the sold goods with the specifications published on the fakieshop.com site or on any other publication (periodicals, Internet sites, advertising posters, etc.). Neither can the Supplier be held liable for malfunctioning, interruption of services, decline in performance, whether due or not to force majeure or fortuitous event, unless directly attributable to the Supplier due to its negligence or serious fault.
Invoicing: issuing and receiving bills via e-mail
A simple fiscal receipt will be issued for the goods, subject-matter of the order, and will be attached to the same.
The Italian Ministry of Finance has for some years acknowledged the possibility of sending via computer systems (such as e-mail) the copy of the invoice addressed to the Buyer (VAT law, art. 21, art .22 paragraph 1, of Italian DPR (Presidential Decree) No. 633/72). On the basis of such legitimacy of computer transmission systems, Fakieshop exercises this faculty to send the invoice via e-mail in order to comply with the needs for rationalisation and simplification of the accounting procedures and to offer its Buyers an up-to-date solution in line with the development of invoicing systems in Italy.
The invoice is considered as issued upon transmission of the same. The invoice is understood as received from the moment in which the data it contains are received at the e-mail address declared by the Buyer upon registering with Fakieshop.com, and in any case no later than the fifth day from transmission of the actual data by Fakieshop.
We underline that the invoice in electronic format is only valid for tax purposes if printed out.
The Italian Laws are applied to all e-commerce services on the www.fakieshop.com site, the consumer acknowledging that he has voluntarily and freely accessed the www.fakieshop.com site.
Pursuant to sections 1341-1342 of the Italian Civil Code, the Buyer declares that he has read and specifically accepted the clauses and the terms of sale on the fakieshop.com site.
For any dispute concerning or arising from the performance hereof, the competent forum shall be designed in compliance with EC Regulation 44/2001 or Italian D.Lgs. 206/2005, depending on which results applicable.
INFORMATION NOTE IN ACCORDANCE WITH ITALIAN D.Lgs. 196/2003 AND ITS SUBSEQUENT AMENDMENTS ON THE PRIVACY OF PERSONAL DATA
The Buyer is informed that: Data processor is the company Fakieshop, Sole Partner, with registered offices in via portici 244 – 39012 Merano - Italy. the data being processed are: those provided by the registered person and those relating to use of the service on the fakieshop.com site; the purpose of the processing is: compliance with legal obligations, fulfilment of the contract, pursuance of the aims of interactive business information (with possible sending of advertising material), promotion and further knowledge regarding the Buyer’s requirements. Under no circumstances are the Buyer’s sensitive data processed. The scope of any communication or distribution of data is limited exclusively to Fakieshop and to the persons necessary for fulfilling the contract or for complying with legal obligations. The list of such persons is available to the registered person who makes such a request to the addresses indicated above. Processing excluded from the consent is as follows:
Processing aimed at fulfilling legal or contractual obligations;
Data relating to the Buyer link-up sessions, which are subject to processing that is made anonymous at source or for security purposes.
Processing for which consent is required is: processing for the purpose of interactive business information, promotion and further knowledge of the Buyer’s requirements as well as the communication of data as specified hereabove.
The duration of the processing is fixed at 10 years and upon expiry thereof, the data will be destroyed. The consequence of refusing to give consent to the processing of data is the impossibility of stipulating the contract. The Buyer’s rights are those set forth in Italian D.Lgs. 196/2003 and its subsequent amendments.
REQUEST FOR CONSENT TO THE PROCESSING OF PERSONAL DATA
The Buyer, having seen the preceding information note, gives his full consent to the processing of the personal data inserted at the time of registering and of data relating to use of the service, as described in the information note.
SUBJECT MATTER OF THE SERVICE.
Fakieshop (“Fakieshop” or the “Supplier”) makes available to buyers via its e-commerce service a virtual shelf from which clothing products, garments and accessories (“Products”) may be inspected on-line and purchased. The buyer may inspect the Supplier’s electronic catalogue and supplies but may only make purchases c/o the Supplier (after having accepted these terms of sale and having registered himself) by inserting each time for the purpose of identification the user name (or User-ID) and the password (for access to protected areas of the site) that the system issues to each Buyer at the end of the registration process.
NATURE OF THE RELATIONSHIP AND CASES OF NON-APPLICABILITY OF CONSUMER PROTECTION LAWS.
In conformity with all that is provided for under Italian and community laws currently in force, the consumer protection law governs the economic relationship between the Supplier and the Buyer solely if the Buyer purchases our Products for personal purposes unrelated to his working activity. Relations between the Supplier and the Buyer who makes purchases for purposes related to his working activity, giving his registered VAT number, are therefore not governed by the consumer protection laws, including in particular Italian D.Lgs. (Legislative Decree) No. 206 of 2005 (Consumer Code), Italian D.Lgs. No. 70 of 2003 (Electronic Commerce) and sections 1469 bis and following. of the Italian Civil Code.
Regolamento UE per i consumatori per la risoluzione delle controversie online
La Commissione europea prevede una piattaforma per la risoluzione delle controversie online che è raggiungibile tramite il seguente link: ec.europa.eu/odr