GENERAL TERMS AND CONDITIONS OF USE AND SALE

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The general terms and conditions of use and sale set out below ("General Conditions") regulate, in compliance with existing consumer protection regulations, the conditions and methods under which any person ("User") may use the e-commerce website at this domain name www.infabbrica.com ("Site") and/or proceed with the online purchase of the Products offered for sale through this Site.
The Site is managed and updated by INFABBRICA SRL ("INFABBRICA" or "Seller") with registered office in Via Degli Abeti n. 30, 61122 Pesaro (PU), Italy, VAT number 02767400415, registered in the Register of Companies under R.E.A. no. PS-279235 acting as a professional for the purpose of these General Conditions.

1. Terms of use of the Site – Scope of Application
1.1 Access, use and any other usage of the Site is governed by these General Conditions. Visiting the Site, as well as purchasing the Products promoted therein, implies knowledge and acceptance of these General Conditions. With regard to the processing of personal data, please read the Privacy Policy and Cookie policy published on the Site. If the User does not intend to accept, in whole or in part, these General Conditions, the User is invited to leave the Site and not to use its services and/or features.
The Seller does not provide any guarantee regarding, by way of example but not limited to, the quality, proper functioning, absence of interruptions or suitability of the Site and its services for a specific purpose or result identified by the User.
1.2 The use of the Site must and may only be carried out by persons over the age of 18. By using the services and the Site, the User declares that is over 18 years of age and is required to provide correct and truthful information. The User is solely responsible for the truthfulness, correctness and completeness of the personal information provided, including that required to obtain the credentials to access the account and the reserved sections of the Site pursuant to Article 3.1. In particular, the User will be solely responsible for any communication of information and/or data, as well as for any use of the Site that does not comply with the principles of transparency, fairness and good faith.
In order to register on the Site and/or proceed with the purchase pursuant to Article 3, Users are required to provide personal information (such as name, surname, address, email, telephone number) for the creation of a personal profile with restricted access (“Account”). This information must be updated, correct and truthful and must be constantly and promptly corrected in the event of changes.
Each registered User is required to keep confidential the credentials to access the Account, immediately notifying the Seller of any violation relating to the access credentials relating to his/her Account and/or the use of, and/or unauthorized access to, the Account by third parties.
1.3 These General Terms and Conditions also govern the sale of products (“Products”) made by the Seller through the Website.
1.4 The Site is dedicated to retail sales and, as such, is intended for the predominant use of Users who qualify as consumers within the meaning of applicable legislation (“Customer(s)” or “User(s)”). 
1.5 If the User intends to request customized products or quantities higher than those that can be purchased through the Site, the User may send the relevant request via e-mail to the following address: info@infabbrica.com, or by calling the number +39 0721 580999, in order to receive color samples and obtain a specific quotation via email.
1.6 If the User is a person who does not qualify as a consumer and/or the User intends to purchase the Products for resale,  may purchase through the Site by requesting an invoice at the latest at the time of sending the order, in the relating section of the order page of the Site, or send an e-mail to the address info@infabbrica.com to obtain a specific quotation.
1.7 If one or more sales made through the Site are made to a person who does not qualify as a consumer, these Terms and Conditions will apply with the following derogations:

1. the legal provisions relating to termination and withdrawal will be applicable to the sale, while the buyer will not be granted the right of withdrawal under Article 4 which is applicable exclusively to consumers; and
2. the provisions of Article 7 will be applicable to the sale, with the express exclusion of the warranty on the Products in favor of consumers referred to in Article 7.4; and
3. the purchaser will not be granted other protections provided herein which reflect and/or comply with mandatory provisions of the law for the protection of the consumer.

1.8 For any need in relation to orders, shipments, right of withdrawal, warranties, as well as refunds and returns of goods purchased through the Site, as well as for any information and/or assistance on the services provided through the Site, please refer to the FAQ section or contact the Seller at the address indicated in the Contact section.

2. Products
2.1 All information and data regarding the Products contained in this Site, or in other documents of the Seller, are indicative and illustrative.
2.2 It is the User’s responsibility, before placing the order through the Site, to ensure that the Products are suitable for the purpose and/or specific use for which the Customer intends to purchase them and that they comply with the regulations of the place where he intends to receive and use them in any way.
2.3 The Seller, even after acceptance of the Order, may make any modification to the Products that it deems necessary and/or appropriate, provided that the modification does not alter their essential characteristics.
2.4 Products are of artisanal nature and are manufactured upon specific Order Confirmation according to article 3.4 below. Imperfections of the Products or of the material of which they are made are attributable exclusively to the handcrafted nature of the Product, such as, but not exclusively, the inhomogeneity of the materials or in the color tone of the Product also with respect to the photos on the Site.

3. How to Purchase
3.1 In order to purchase the Products included in the shopping cart, the User will be invited, alternatively: (i) to register on the Site and create an Account, providing the required data, or (ii) to log in, if the Customer already has an Account, or (iii) to provide only the data necessary to complete the order and allow the execution of the contract,  without registering.
You can make the purchase in the languages indicated at the top right of any page of the Site: namely Italian, English, German and French.
3.2 The Site is accessible from anywhere in the world. However, the Products available on the Site can only be purchased by Users who request delivery in the countries indicated in the FAQ section and pursuant to Article 5 below. Any exceptions or limits regarding the place of delivery of certain Products are indicated on the Product page.
3.3 The presentation of the Products on the Website is a mere invitation to make a purchase proposal to the Users of the Website and does not constitute a binding offer for the Seller. The order formulated by the User is therefore a contractual purchase proposal addressed to the Seller for the Products listed therein, each considered individually.
The purchase order is governed by these Conditions, which are an integral part thereof and which the Customer, by sending the order to the Seller, accepts in full and without any reservation.
3.4 If the Seller intends to Confirm the Order, it will send the Customer a communication confirming the order by e-mail, to the e-mail address provided by the User at the time of registration or sending the order ("Order Confirmation"). The Order Confirmation will contain the order number, the price of the Products, including taxes and shipping costs, as well as information about the approximate date of delivery of the Product as well as all other information required by law. The Customer undertakes to verify the correctness of all personal data contained in the Order Confirmation and to promptly notify the Seller of any corrections and/or changes to be made.  The contract of sale will be binding on the Seller only upon the sending of the Order Confirmation and the receipt of the same by the Customer.
3.5 The acceptance and fulfilment of orders sent through the Website is subject to the actual availability of the Products at the time of receipt of the order proposal or to the place of delivery of the Products in accordance with the provisions of Article 5.5 below, the Seller expressly reserves the right not to accept the order for any reason. In the event of non-acceptance of the order, the Seller will promptly notify the Customer thereof.
3.6 The delivery times indicated on the Website and/or in the Order Confirmation are indicative and not binding for the Seller. The Products will be delivered using the delivery method indicated in the Order Confirmation to the address indicated by the Customer no later than the indicative deadline included in the product sheet and, in any case, within the term indicated in the Order Confirmation.

4. Right of withdrawal
4.1 Without prejudice to the exceptions indicated in Article 1.6 above and Article 4.6 below and any additional exceptions provided for by law, the Customer has the right to withdraw from the relevant sales contract, without having to give any reason, within 14 days from the day on which the Product was delivered, i.e. from the day on which the Customer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods. The period for exercising the right of withdrawal referred to above expires after 14 days have elapsed from the date of delivery of the goods to the Customer, or to a third party other than the carrier.
4.2 The notice of withdrawal may be sent to the Seller by any means, including registered mail with acknowledgment of receipt, e-mail, certified e-mail. To ensure the certainty of receipt and the speed of response, we invite the Customer to exercise the right of withdrawal by sending their request to the e-mail address info@infabbrica.com, using the form downloadable here and, if possible, attaching photos of the products to allow a preliminary check on the acceptability of the withdrawal request with respect to the state of the Products.
4.3 After sending the notice of withdrawal, the Customer must return the Products to the following address: INFABBRICA srl, Via Degli Abeti n. 30, 61122 Pesaro (PU), Italy. The Customer must arrange for the shipment of the Product to be returned no later than 14 (fourteen) working days from the date of sending the notice of withdrawal. The costs of return of the Product shall be borne by the Customer. The return cost is estimated to be approximately equal to the delivery costs.
4.4 The right of withdrawal may be exercised in relation to a Product purchased in its entirety. It is not possible to exercise the right of withdrawal only for a part of the Product purchased.
4.5 The Customer is responsible for any decrease in the value of the Products resulting from handling other than that necessary to establish their nature and characteristics or from damage to the same.
In the event of exercising the right of withdrawal, the Customer must return the Products intact, sealed and complete with all their elements and accessories (including labels, package inserts, warranty seals, films, tags unaltered), accompanied by the instructions, technical sheets, notes, manuals and/or other attached documents, the original packaging and the warranty certificate,  if any.
4.6 The Customer does not have the right to exercise the right of withdrawal for Products customized in size and color compared to the standard ones on the Site. For such Personalized Products, the right of withdrawal is hereby expressly excluded.
Furthermore, the Customer loses the right of withdrawal in the event that:

1. the exercise of the right of withdrawal after the terms provided above;
2. the return of the goods by the User after 14 days from the communication of the exercise of the right (the date of shipment of the Product will be considered in this regard);
3. the lack and/or lack of integrity of the original warranty seals, films, labels and/or outer and/or inner packaging;
4. handling other than that necessary to establish the nature and characteristics of the Products pursuant to paragraph 4.5 above;
5. damage, wear, use and/or opening;
6. all other cases provided for by law.

4.7 The Seller will verify the legitimacy of the exercise of the right of withdrawal as well as the condition of the returned Product.
In the event that the Customer is unable to exercise the right of withdrawal and/or the Customer has lost the right of withdrawal pursuant to the above, the Seller will return the Product in question to the Customer, without returning the relevant price to the Customer and charging the latter the consequent costs of redelivery and/or shipping,  as already indicated.
In the event that the Customer has legitimately exercised his/her right of withdrawal, the Seller will reimburse the Customer only for the price of the Product and the standard shipping costs, but not for the costs incurred for the return of the Product in question, which will be borne by the Customer.
In any case of return of the goods, even when the Seller collects the Product itself, the costs of return of the Product shall be borne by the Customer. In this case, therefore, the shipping costs to be reimbursed to the Customer are to be charged to the cost of returning the Product and offset with it, unless otherwise indicated in individual promotions.
4.8 Without prejudice to the above, the Seller shall reimburse the Customer for the price of the Products for which the Customer has legitimately exercised the right of withdrawal, within a maximum period of 14 days from the date of return of the Product, using the same payment method that the Customer used for the purchase, unless otherwise agreed in writing with the Customer. The refund is suspended until the Seller receives the goods or until the Customer proves that has sent the goods back, whichever is earlier. 
The date of actual receipt of the amount of the refund by the Customer may be longer than the above term due to the payment circuit used for the payment and, as a consequence, for the execution of the refund.

5. Price – Delivery – Verification of Products
5.1 The price of the Products is the one indicated on the Website as well as at the same time as the order is placed by the Customer. The prices indicated on the Site are inclusive of packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include costs, shipping which are calculated before the order is confirmed, and any other charges or sales taxes, which the Customer undertakes to pay hereafter, if due, in addition to the price indicated in the order and confirmed in the Order Confirmation.
5.2 The Customer shall pay the Seller the total price, as stated in the Order Confirmation.
5.3 The Seller delivers the Products to the countries indicated in the FAQ section and within the terms and indications set out in the individual Product sheet. In the absence of any indication to the contrary, the Products will be delivered within 30 days of the Order Confirmation. Some Products have delivery restrictions and can only be delivered to certain countries. These restrictions are indicated in the page of the individual Product. Delivery takes place at street level.
5.4 The Delivery of the Products takes place in accordance with the term DAP, according to the most up-to-date ICC Incoterms® existing at the time of the order, to the customer's address for deliveries in Europe, and to the customs warehouse of entry in the country of destination, for deliveries outside the European Union. This means that for deliveries outside the European Union, the Customer will have to independently pay the customs duties, if applicable, which will be requested and invoiced directly by the shipper at the time of delivery of the Products.
5.5 Upon receipt of the Product, the Customer is required to check that the Product and packaging are intact. Since damage to the Product causes the loss of the right of withdrawal, if the Product and/or packaging are damaged and the Customer intends to reserve the right to exercise the right of withdrawal, he must be able to prove that the damage was pre-existing and is attributable to transport. To this end, the Customer must photograph the packaging and/or the product upon receipt and have a wording placed on the carrier's delivery note. 
In the case of an obviously damaged product, the Customer may refuse to receive the Product, taking care to take photos of the packaging and/or the damaged Product. 
The Customer must notify the Seller of any damage caused to the Product during transport within 3 (three) days of receipt of the Product by writing an email to info@infabbrica.com and attaching the relevant photos. 

6. Payment
6.1 Payment can be made by bank transfer, credit card, PayPal, or through other payment methods indicated in the FAQ section. Payment for the Products must always be made in advance of the shipment and/or delivery of the Products.
6.2 Unless specifically agreed in writing to derogate from what is provided herein, the Customer expressly agrees that the Seller may start the execution of the contract and the delivery of the Product only after the full crediting of the price of the Product(s) purchased to the Seller's current account.
6.3 If the Customer executes the payment by credit card or PayPal, the transmitted data will be sent in protected mode, through the encrypted data transfer with SSL (SecureSocketLayer) 128-bit system. Such data is also not accessible to the Seller.
The Seller will charge the price of Products only upon sending the Order Confirmation e-mail.
6.4 Occasionally, the Seller may request additional information from the Customer to verify its identity. In this case, the User will be contacted by e-mail or telephone.

7. Warranty
7.1 The Seller guarantees to the Customer that the Products supplied will be in good condition and in accordance with the contract of sale. The warranty does not apply to imperfections in the Products or material that are attributable exclusively to the handcrafted nature of the Product, such as, but not limited to, the inhomogeneity in the color tone of the Product, even with respect to the photos on the Website. 
7.2 The Products must be stored in a cool, dry place away from sources of heat and direct light.
This warranty will be applicable to Products that are intact and properly stored, according to the indications provided with the Product itself or the indications generally applicable in consideration of its nature.
7.3 The application of any warranty is excluded in the event of use and/or storage of the Product that does not comply with the nature of the Product and/or the instructions/warnings provided by the Seller and/or in the absence of the purchase receipt or other proof of purchase.
7.4 In the event of discrepancies or defects in the product that occur within two years of delivery of the Product, the Consumer is entitled to the warranty provided for by the Consumer Code and, in particular, is entitled to:

1. repair or replacement of the product unless the remedy is impossible or involves disproportionate costs for the seller under the Consumer Code; alternatively
2. reduction of the price proportional to the non-conformity or defect, if it is not possible to repair or replace the product or it is excessively expensive for the Seller; or
3. Termination of the contract.

7.5 The User is not entitled to a warranty in the event of minor defects in the Products.
7.6 Without prejudice to the provisions of Article 5.4 above, upon receipt of the Products, when the Customer acts as a professional, the Customer will have the burden of examining the Products as soon as possible and, under penalty of forfeiture of this warranty, of reporting:

1. no later than 8 (eight) days from receipt, any defects and non-conformities of the Products;
2. within 8 (eight) days of receipt of any defects and non-conformities of the Products;

by sending the Seller information about the defect and/or non-conformity found, accompanied by the relevant documentation proving the right to the warranty, namely: (i) at least one photograph of the allegedly defective Product or its effects, (ii) details of the Order Confirmation sent by the Seller and (iii) the tax receipt relating to the purchase.
7.7 Upon receipt of the request, the Seller will assess the defects and non-conformities reported by the Customer. After having carried out the quality checks to verify the actual non-conformity of the Product, the Seller will decide, at its discretion, whether to authorize the return of the Products by providing the Customer with a response by telephone or e-mail to the address provided by the latter or whether to propose a refund, in whole or in part, of the price paid depending on the discrepancy and defect.
The authorization to return the Products does not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. If, as a result of this verification, the Products are not covered by the warranty, the Seller will return the Products in question to the Customer, without returning the relevant price to the Customer and charging the Customer for any shipping costs incurred.
7.8 The Products for which the Seller has authorized the return must be returned by the Customer to the Seller, together with a copy of the return authorization notice, within 14 (fourteen) days from the notification of the defect or non-conformity, to the following address: INFABBRICA srl, Via Degli Abeti n. 30, 61122 Pesaro (PU), Italy.
7.9 The provisions of Articles 7.6, 7.7. and 7.8 do not apply to the Customer acting as a consumer.

8. Liability for Damage from Defective Products
8.1. With regard to any damage caused by the Products, the applicable provisions of the Consumer Code shall apply.
8.2 In any case, especially if the Customer is a professional, the Seller cannot be held liable in any way in relation to damage caused to things and/or persons resulting from and/or attributable to a use and/or storage of the Product that does not comply with the instructions provided by the Seller itself or does not comply with the nature of the Product itself. Therefore, to the fullest extent permitted by law, the Customer indemnifies and holds harmless the Seller from any liability, none excluded and/or excluded in this regard.

9. Intellectual Property
9.1 All elements of the Site, whether or not they are the subject of a registration or an intellectual property right (photos, product sheets, descriptions, layouts, etc.), are the exclusive property of the Seller and may not be used in any way by third parties. All designs, models, trademarks, texts, visual or sound, comments, works, illustrations, images present and/or reproduced on the Site are protected by the relevant applicable intellectual property rights.
9.2 Any type of reproduction and/or representation by the User or third parties that is not authorized by the Seller will result in the civil and criminal liability of its author. The User who has a website, a blog, a page on social networks or similar and who wishes to publish a link that leads directly to the home page of the Site must first ask the Seller for authorization.
Links to the Site that use "framing" or "in-line linking" techniques are prohibited. In any case, any link, even if tolerated and not contested, must be deleted at the Seller's simple request.

10. Events Outside Our Control
Event Outside Our Control means any act or event beyond the reasonable control of the Seller, including but not limited to strikes, lockouts or other industrial action by third parties, civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake,  subsidence, epidemics or other natural disasters, or failures and/or malfunctions of the Site, its applications and/or public or private telecommunications networks.
In the event of an Event Outside the Seller's Control that affects the operation of the Site and/or the fulfillment of the Seller's obligations under these General Terms and Conditions:

1. We will contact you as soon as reasonably practicable to inform you;
2. the Seller's obligations under these terms and conditions will be suspended and the deadline for the performance of such obligations will be extended for the duration of the Event Outside Our Control.

In the event that the Out of Our Control Event affects the delivery time of your Product, the Seller will inform the Customer of the new delivery date following the resolution of the Out of Our Control Event.

11. Governing Law and Dispute Resolution
11.1 These General Terms and Conditions are governed by Italian law and shall be interpreted in accordance with it. Consequently, the interpretation, execution and termination of these General Conditions are subject exclusively to Italian law.
11.2 The Seller is always available to seek an amicable solution to disputes that may arise, through the contacts indicated in the previous points. Furthermore, the User is informed that, pursuant to Article 14 of EU Regulation no. 524/2013 and the resolution on ODR referred to in Statutory Instrument no. 500/2015 in force since 15 February 2016, an online platform has been established by the European Commission for the resolution of ODR disputes derived from the purchase of goods online accessible at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage 
Through the ODR platform, it is possible to consult the list of ODR bodies, find information and the contact link in relation to each of them and initiate an online dispute resolution procedure. More information about the platform is available at the following link: https://webgate.ec.europa.eu/odr 
11.3. This is without prejudice, in any case, to the Customer's right to appeal to the ordinary court competent for the dispute arising from these General Conditions, whatever the outcome of the out-of-court settlement procedure described above, as well as the possibility, if the conditions are met, to promote an out-of-court resolution of disputes relating to consumer relations by resorting to the procedures referred to in Part V,  Title II - bis of the Consumer Code (Legislative Decree no. 206/2005).
11.4 If, on the other hand, the Customer acts in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, pursuant to Article 1.6 above, the parties jointly establish the exclusive jurisdiction of the Court of Pesaro. Notwithstanding the provisions of this clause 11.4 in relation to the Customer acting in the exercise of its business activity, the Seller is granted only the unconditional right to act, as a plaintiff, in the jurisdiction of the place where the Customer is established, before the competent court based on the place where the Customer has its registered office.

12 Site Security, Disclaimer
12.1 The Seller adopts all technical and organizational measures to preserve the inviolability and security of the Site, as well as its operation.
12.2 By accessing the Site, Users will be solely responsible for its use, as well as for the use of the materials contained therein. In particular, the Seller shall not be liable for the unlawful use of the Site or, in any case, in any case not in accordance with the laws in force, except for residual liability for willful misconduct and gross negligence. The Materials subject to any downloads will be freely downloaded by the Users. Any liability for consequent damage to computers, software and/or data loss will fall on the Users themselves and cannot be attributed to the Seller, except in cases of willful misconduct or gross negligence.
12.3 The Seller declines all responsibility for any damage related to the malfunctioning, suspension, interruption or otherwise inaccessibility of the Site (and its contents) attributable to force majeure, fortuitous circumstances or incorrect use of the services and/or materials of the Site by the Users themselves. Except in cases of willful misconduct or gross negligence, the Seller shall not be liable for possible damage caused by viruses, damaged files, errors, omissions, deletions attributable to third parties, or in any case connected to the network, provider or telephone, and/or telematic, and/or electrical connections. Without prejudice to the provisions herein and to the fullest extent permitted by law, the Seller declines all responsibility for damages related to unauthorized access to the Site by third parties and/or related alterations, such as, finally, the failure and/or defective functioning of the hardware and software of the Users themselves. It will be the responsibility of the Seller to communicate, with adequate advance notice on the home-page of the Site, any scheduled interruptions and/or suspensions of online services, and, if possible, any further information on the malfunctions and/or anomalies of the Site, and related e-commerce services, capable of adversely affecting Users.
 
13. Modification and Updating
The Seller may unilaterally amend these General Terms and Conditions at any time. Users will be notified of the new version by publication on the Site, well in advance of its entry into force. It will be the responsibility of the Seller to specify the reasons for the aforementioned changes, providing all details in this regard to the End Consumer Users. The new versions of the General Terms and Conditions will be effective from the date of publication of the same on the Site and in relation to Orders placed after that date.
 
Date of publication on the Site and entry into force 14/05/2024
Last updated: 14/05/2024