Termini e Condizioni
1. Definitions of terms used in this document
Manager/Owner/Seller/Company: the company Fathers Italia srl, C.F. / P. IVA 16792941003 in the person of the legal representative p.t. domiciled for the office at the registered office located in Rome at via Crescenzio n° 9 CAP 00193, registered with the Chamber of Commerce of Rome n. REA RM1677022 pec: fathersitalia@pec.it acting as a Professional pursuant to the current Consumer Code
Customer: the legal entity that finalizes the purchase of one or more products through the Fathers Watches e-commerce site. Also generically: User. If a natural person qualifies as a “Consumer” pursuant to the current Consumer Code where the characteristics apply
User: mere visitor or user of the Site
Site/E-commerce/Online Shop: the website
www.fatherswatches.com, as well as the domains and sub-domains connected to it
Terms and conditions of sale / Contract / General contract conditions: this document that regulates the sale of products via the Site
2. Object of the contract
2.1 The object of this contract is the purchase of watches produced by the Company, or under license from the same, through the Site. The object of the contract is also the delivery of the items purchased through the online shop.
3. Conclusion of the contract
3.1 The presence of a product on the Site, within one or more web pages complete with information relating to the same as well as the relative price, constitutes an offer to the public for the purchase of that product.
3.2 The procedure for finalizing the purchase involves pressing the appropriate negotiation buttons (e.g.: Add to cart and Pre-Order Now or Order Now), entering all the requested data (such as, for example: personal data, e-mail address, physical addresses, etc.), as well as indicating the payment method chosen from those offered by the Seller.
3.3 When placing an order, acceptance of these Conditions of Sale is required using the so-called point and click method, by voluntarily placing a flag next to the general acceptance checkbox. The consent given using the methods indicated is to be considered given in writing. By selecting the box, the User also guarantees that he/she has the capacity to validly conclude the contract according to the provisions of Italian law or according to the legal provisions of his/her country of origin. Failure to select the box prevents the order from being concluded.
3.4 The correct execution of the purchase procedure is certified by sending a communication confirming the order to the email address indicated by the Customer, following payment, in the absence of which the order cannot be considered concluded.
3.5 The conclusion of the purchase procedure also requires the viewing or, if necessary, the provision of consent, always by placing a tick in the appropriate checkbox, to the processing of personal data as per the privacy policy available at: https://www.fatherswatches.com/privacy-policy
4. Price and payment methods
4.1 The price of each product corresponds to the price indicated on the web page associated with the product itself, except in the case of manifest error. The prices indicated include taxes and duties calculated according to the rules in force at the time of the order in the country in which the Company is based (Italy). The prices do not include taxes and duties applicable by third countries, including, for example, duties and customs charges. The prices on the Site may be subject to change at the discretion of the Company at any time. However, for the protection of the Customer, the price applicable to the individual order cannot be different from that in force on the day and at the time in which the order was confirmed, always except in the case of manifest error known and/or knowable by the User which may allow the Seller to proceed with the cancellation of the order.
4.2 The Customer can pay the total price calculated in the cart using one of the methods made available by the Platform, which are the following: credit and/or debit card operating on the main circuits, bank transfer, cash on delivery, Paypal and any other instrument present in the order finalization screen.
4.3 The provision of installment payment methods or the use of payment systems provided by third parties may require the acceptance and/or application of terms and conditions determined by these third parties.
5 Delivery
5.1 The delivery times and costs of orders vary depending on the geographical area in which the delivery must take place, and are indicated in the order finalization procedure and in the confirmation email.
5.2 In the section dedicated to delivery methods accessible at https://www.fatherswatches.com/ you can find information relating to delivery in relation to the geographical area of specific interest.
5.3 The product sheet indicates the availability of the individual product from time to time with the most accurate possible forecast of the order processing times. The Customer is made aware of the craftsmanship of the purchased product and the consequent variability of the order processing times.
6. Conclusion of the purchase and transfer of risks
6.1 The purchase of the product, to be considered concluded with the regular payment and confirmation of the order, determines the transfer of ownership from the Seller to the Customer.
6.2 Due to the time distance between the time of purchase and the time of delivery of the product(s), the transfer of risks relating to damage, loss or more generally the use of the product itself occurs at the time of delivery, without prejudice to the Customer's right to exercise the right of withdrawal.
7. Right of withdrawal
7.1 The Customer has the right to withdraw from this contract within 14 days of receiving the order. The communication of withdrawal must be sent by email to info@fatherswatches.com within the legal deadline.
7.2 The exercise of the right of withdrawal will result in the dissolution of this contract, the return of the ordered goods to the seller and the return of the sums paid to the Customer, within a reasonable time, preferably through the same method used by the latter to make the payment. The refund will only occur following receipt of the return by the Seller and following verification of the integrity of the product itself.
7.3 The Owner reserves the right not to accept the return of damaged and/or worn products, without accompanying documentation and/or the original box. Likewise, the possibility of returning personalized and/or made-to-measure products is excluded. In this case, the product will be returned to the Customer who will bear the related shipping costs.
8. Legal guarantee
8.1 The products sold through the Site enjoy the guarantee of conformity provided for by European and Italian law (Consumer Code - Legislative Decree 206 of 2005 and subsequent amendments) where applicable, with particular reference to articles 130 et seq. of the aforementioned code.
8.2 In light of the above, the Company is responsible for any lack of conformity, ascertained and verified by the Company, which affects the product for a period of 2 years from delivery, provided that the defects are reported within the forfeiture period of two months from discovery. The specific rights that the Consumer may exercise are provided for by the laws indicated, to which express reference is made.
9. Rules addressed to all Users of the Site
9.1 The User, by accepting this contract, gives his consent and in any case waives any dispute regarding the possible sale of advertising space on the Site https://www.fatherswatches.com/ as well as on any page, domain or subdomain connected to it.
9.2 It is expressly forbidden to use the Site, understood as a whole in its graphic and software content, or the services offered through it, in order to transfer them free of charge and/or for a fee to third parties or to deposit, send, publish, transmit and/or share applications or computer documents that:
a) conflict with or violate intellectual property rights, trade secrets, trademarks, patents or other property rights of third parties;
b) have defamatory, slanderous or threatening content;
c) contain pornographic, obscene or otherwise contrary to public morality material;
d) contain viruses, Trojans, Ransomware, Malware or other malicious software and/or having
contamination or destructive characteristics;
e) damage, violate or attempt to violate the secrecy of correspondence and the right to privacy;
f) in any case conflict with the applicable legislative and/or regulatory provisions.
10. Exclusions
10.1 The Owner informs Users that the images and videos on the Site do not correspond to the exact representation of the products, also due to the differences in views existing between the various browsers and different devices. Therefore, the essential characteristics of the products certainly corresponding to the materiality of the products themselves are those indicated in the relevant sheets on the Site.
10.2 The Owner does not assume any responsibility for any delays, inaccuracies, damages and/or errors of any nature suffered by the Customer and/or third parties arising from, referable to or in any way connected to the service provided, not even in reference to the exercise of the right of withdrawal and/or suspension of the service, with the exclusion of cases of fraud or gross negligence.
10.3 The Owner, except for technical problems beyond his control, reserves the right to put the Site off-line at any time and at his sole discretion. In this case, a specific notice containing the date of termination of the service will be published on the Site.
11. Use of trademarks and patents
11.1 The “Fathers” trademark and more generally the intellectual and/or industrial properties that may be present in the images uploaded to the pages of the Site belong to their respective owners and/or licensees. The indiscriminate and unauthorized use by Users of the Site of the “Fathers” trademark, or of other elements on which intellectual and/or industrial property rights are encumbered present on the Site, even if this is not expressly indicated, is prohibited and will be punishable by the intervention of the Judicial Authority.
12. Protection of personal data
12.1 The processing of personal data processed by the Data Controller takes place in compliance with current regulations, with express reference to EU Regulation 679/2016 (GDPR), as well as to the provisions of Italian law Legislative Decree 196/2003 and Legislative Decree 101/2018, as applicable.
12.2 Any personal data transmitted will be used solely for the purposes of the correct execution of this contract or for the fulfillment of information and communication obligations arising from applicable legislation.
12.3 The legal bases of the processing are identifiable in the execution of the contract and pursuant to art. 6 letters a) and b) of the GDPR as better specified in the information.
12.4 The complete information relating to the processing of personal data carried out by the Manager can be reached at the following address: https://www.fatherswatches.com/privacy-policy
13. Applicable law and disputes
13.1 For anything not provided for in this document, Italian law is expressly considered applicable.
14. ADR
14.1 The alternative dispute resolution tool for online disputes made available by the European Commission is available at the following URL: https://ec.europa.eu/consumers/odr/.
15. Unilateral changes - Conservation of the Contract
15.1 The MANAGER reserves the right to modify or integrate the contractual provisions set forth in this document, communicating said changes to the Users, through publication on the Site, PEC/Peo or other chosen tool.
15.2 If a part and/or one or more clauses of this contract are declared invalid, also by virtue of regulatory changes, the Parties will no longer be required to comply with the obligations arising from such clauses, limited to the part in which such clause has been declared invalid, interpreting it for the remaining part in such a way as to make it valid and effective. In any case, the clauses not affected by invalidity remain firm and binding according to the principle utile per inutile non vitiatur.