Terms and conditions
General provisions
These conditions are valid only between INNOVA FABRICS srl Via Commercio 20020 Dairago (MI) Italyinfo@innova-fabrics.itVAT number IT03655410128
hereinafter referred to as the 'Seller' and any person who makes online purchases on the websiteWWW.INNOVAFABRICS.COM hereinafter referred to as "CUSTOMER". These conditions may be subject to modifications and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the siteWWW.INNOVAFABRICS.COMin accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, modified by Legislative Decree no. 21/2014 and by Legislative Decree 70/2003 on electronic commerce.
ARTICLE 1 – Object of the contract
With these general conditions of sale, the seller sells and the CUSTOMER remotely purchases the tangible movable property indicated and offered for sale on the siteWWW.INNOVAFABRICS.COMThe contract is concluded exclusively through the internet, by accessing the CUSTOMER to the addressWWW.INNOVAFABRICS.COMand the creation of a purchase order according to the procedure provided by the site itself.
The customer undertakes to read, before proceeding with the confirmation of his order, these general conditions of sale, in particular the pre-contractual information provided by the seller and to accept them by placing a flag in the indicated box.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/2005
Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods which are illustrated in the individual product sheets at the time of the choice by the CUSTOMER.
Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed about:
– total price of the goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
– the term within which the seller undertakes to deliver the goods;
– conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions) as well as the model withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
– information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
– existence of the legal guarantee of conformity for the purchased goods;
– after-sales assistance conditions and commercial guarantees provided by the seller.
The CUSTOMER can at any time and in any case before the conclusion of the contract, take note of the information relating to the seller, the geographical address, telephone number, e-mail address, information that is reported, also below:
INNOVA FABRICS srl Via Commercio 20020 Dairago (MI) Italyinfo@innova-fabrics.itVAT IT03655410info@innova-fabrics.it
ARTICLE 3 – Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by the seller to the CUSTOMER of an e-mail confirming the order. The e-mail contains the CUSTOMER's data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to be able to print and archive the copy of the present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly notify the seller of any corrections.
The seller undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the real product may occur. Also the photographs of the products presented onWWW.INNOVAFABRICS.COMthey do not constitute a contractual element, as they are only representative.
The seller undertakes to deliver the goods within 30 days from the sending by the seller of the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 - Availability of products
Product availability refers to actual availability at the time the CUSTOMER places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence of several users on the site, the products could be sold to other CUSTOMERS before the order is confirmed.
Even after sending the order confirmation e-mail sent by the seller, there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be automatically adjusted with the elimination of the unavailable product and the CUSTOMER will be immediately informed by e-mail.
If the CUSTOMER requests the cancellation of the order, resolving the contract, the seller will refund the amount paid within 14 days from the day on which the seller became aware of the customer's decision to terminate the contract.
ARTICLE 5 - Methods of payment
Each payment by the CUSTOMER can only be made by means of the credit cards indicated on the siteWWW.INNOVAFABRICS.COMby bank transfer, cash on delivery, with the Paypal payment method or with Postpay top-up.
In case of payment with Paypal, the actual charge will take place when the seller sends the order confirmation e-mail.
ARTICLE 6 – Prices
All sales prices of the products indicated on the siteWWW.INNOVAFABRICS.COMare expressed in Euros.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.
The CUSTOMER accepts the seller's right to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation email sent by the seller to the CUSTOMER.
In the event of an IT, manual, technical, or any other kind of error which could lead to a substantial change, not foreseen by the seller, of the public sale price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days. from the day of cancellation.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
The CUSTOMER who intends to exercise the right of withdrawal must notify the seller by explicit declaration, which can be sent by registered mail or by e-mail to the address info@innova-fabrics.it
The CUSTOMER may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 (not mandatory) the text of which is given below:
Model withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(fill in and return this form only if you wish to withdraw from the contract)
INNOVA FABRICS srl Via Commercio 20020 Dairago (MI) Italyinfo@innova-fabrics.itVAT IT03655410info@innova-fabrics.it
Hereby I/we (*) notify (*) the withdrawal from my/our (*) contract of sale of the following goods/services (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
-Address of the consumer(s)
– Signature of the consumer(s) (only if this form is sent in paper version)
– Date
(*) Delete the unused wording.
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to the seller his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to:
INNOVA FABRICS srl Via Commercio 20020 Dairago (MI) Italy Vat IT03655410info@innova-fabrics.it
– or hand-delivered to the same address.
In the event of the return of the products by the customer's arbitrary choice, the costs relating to the shipment (round trip) will be withheld from the refund, even in the case of free shipping for our failure to collect the amount. In any case, the costs of returning the products are borne by the CUSTOMER, unless there is damage or a defect in the form of the goods received.
Claims for courier delivery delays of less than 10 days are not accepted.
CUSTOMERS WHO CHOOSE THE METHOD OF PAYMENT BY CASH ON DELIVERY AND DELIBERATELY DO NOT COLLECT THE GOODS WILL NO LONGER HAVE THE POSSIBILITY OF PURCHASE FROM THE SITE UNLESS THEY MAKE PAYMENT IN ADVANCE.
The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the seller will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the seller may suspend the refund until receipt of the goods or until the CUSTOMER demonstrates that he has returned the goods to the seller.
The seller will make the refund using the same payment method chosen by the CUSTOMER during the purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide the seller by email to INNOVA FABRICS srl Via Commercio 20020 Dairago (MI) Italy VAT IT03655410info@innova-fabrics.it your bank details: IBAN, SWIFT and BIC necessary for the reimbursement to be made by the Seller.
ARTICLE 8 – Legal guarantee of conformity
In the event of receipt of products that do not comply with the orders or are defective, the CUSTOMER has the right to restore product conformity without charge by repairing or replacing the product. The CUSTOMER can exercise this right if the defect occurs within 7 days of delivery of the goods and reports the defect immediately to the seller.
ARTICLE 9 – Commercial guarantee
All products presented on the siteWWW.INNOVAFABRICS.COMbenefit from the legal guarantee of conformity
ARTICLE 10 - Method of delivery
The seller will only accept orders to be delivered in the Italian territory and in the Republic of San Marino. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order within and no later than 30 days. from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by the seller.
For each order placed on the siteWWW.INNOVAFABRICS.COMthe seller issues an invoice for the goods shipped which is automatically sent to the email entered during the order unless otherwise requested in writing by the customer. The invoice will contain the information provided by the CUSTOMER during the purchase procedure. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.
ARTICLE 11 – Liability
The seller assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even when dependent on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the time stipulated in the contract.
The seller does not assume responsibility for damages deriving from incorrect or improper use of its products, indicating on the frequently asked questions the possibility of having technical information before carrying out the work.
In any case, even after having provided these indications, the seller is in no way responsible for the result of the finished work, as he is not the material executor of the work itself.
ARTICLE 12 - Access to the site
The CUSTOMER has the right to access the site to consult and make purchases. No other use, especially commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of the seller and are protected by intellectual property law.
ARTICLE 13 – Cookies
The Web siteWWW.INNOVAFABRICS.COMenuse "cookies". Cookies are electronic files that record information relating to the CUSTOMER's browsing on the site (pages consulted, date and time of consultation, etc.) and which allow the seller to offer a personalized service to its customers.
The seller informs the Customer of the possibility of deactivating the creation of such files, by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ARTICLE 14 – Integrity
These General Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 15 - Applicable law and competent court
These General Conditions of Sale are subject to Italian law.
Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the seller, if located in the territory of the State.