Company Conditions

GENERAL TERMS AND CONDITIONS
(Business Account)

 

The sale of products on our Ecommerce is governed by these general terms and conditions of sale (hereinafter “Terms and Conditions”) which, jointly with the Purchase Order, constitute the contract (hereinafter “Contract”) between Gruppo Cimbali S.p.A, VAT number 09052100154, with its registered office in Via A. Manzoni 17, Binasco (MI), Italy (hereinafter referred to as “Cimbali”, “we”, “us” or “our”) and the Customer (hereinafter referred to as “Customer”, “you” or “your”).

1. Definitions

Terms and expressions listed below have the meaning specified below. Unless the context otherwise requires, words in the singular shall include the plural, and vice versa.

Customer: refers to the natural or legal person contracting with Cimbali under these Terms & Conditions for the purchase of the products and/ or services and acting for purposes related to the exercise of their business, commercial, artisanal or professional activity;

Ecommerce: means the virtual shop available at URL www.faema.com, through which Product(s) can be purchased;

Force majeure: means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, government enforced restrictions, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport, and it shall not include the novel coronavirus Covid-19 pandemic, which is ongoing as of the date of the execution of this Agreement;

Intellectual Property Rights: refer to trademarks text, graphics, logos, images, videos displayed on Cimbali’s website, all content included but not limited to the aforementioned rights are the sole property of Cimbali and are protected by copyrights, trademarks, patents or other intellectual property rights and laws.

Parties: means Cimbali and the Customer jointly;

Purchase Order: refers to the electronic document submitted by the Customer [as part of the order process on the Ecommerce that contains details of the Product(s) being purchased by the Customer] via the Ecommerce;

Product(s): means the items offered for sale on the Ecommerce;

Personal Area: means the Customer’s online account on the Ecommerce, for Customer’s use only, through which the Customer can have access to specific functions provided by Cimbali, upon authentication;

 

2. Our Products

1. Each Product(s) description, as provided in the Ecommerce, describes the characteristics of the Product(s).
2. Cimbali provides its products on an “as is” and “as available” basis;
3. The images of the Products on the Ecommerce are for illustrative purposes only. Although Cimbali has made every effort to display the colours accurately, Cimbali cannot guarantee that the Customer’s computer's display of the colours accurately reflects the colour of the Products. The colour of the Products may vary slightly from those images.
4. The packaging of the Customer’s Products may vary from that shown on images on our Ecommerce and may not entirely correspond to reality, for technical reasons too. Therefore, Cimbali shall not be held liable for the possible unsuitableness of the pictures of the Product(s) shown in the Ecommerce, if due to the above-mentioned technical reasons.
5. Our Ecommerce displays information about the range of Product(s) sold, with Product(s) references.
6. Cimbali reserves the right to amend the specification of the Products if required by any applicable statutory or regulatory requirements.
7. Cimbali reserves the right to stop selling the Products shown on the Ecommerce, or in other sales literature at any time.
8. By accepting these terms and conditions, Customer agrees to comply with these terms and conditions with Cimbali in relation to the Customer’s use of the Cimbali’s website. If the Customer does not agree to be bound by these terms and Conditions, Customer is kindly requested to refrain from accessing and registering to this website.
9. Before becoming as a member of the Cimbali Site, Customer shall read these Terms and Conditions carefully before purchasing the products.

 

3. Conclusion of the purchase

• 3.1 Registration:
1. A prior registration is necessary to purchase the Product(s) on the Ecommerce.
2. By registering, the Customer represent that he/she is legally able to enter in binding contracts, and that it is 18 years of age or older. Without prejudice to any other rights and remedies, under this agreement Cimbali reserves the right to limit or withdraw access to the website or the membership of any person Cimbali believes to be under the age of 18 years.
3. The Customer must provide the information requested, in the format requested, during the registration process on the Ecommerce.
4. The Customer shall ensure that the information provided during the registration process and following stages is accurate, complete and truthful, with the understanding that, under UAE legislation, he/she is entitled to rectify any personal data through the website itself.
5. Cimbali may request a certificate of incorporation or other equivalent document in order to determine the exact identity of the Customer, and that to that end Cimbali has the right to request that the Customer undertakes and represents that he/ she has the authority to bind that entity to this agreement and that the Customer and the business entity will comply with all applicable laws relating to online trading.
6. The registration will be effective only when the Customer receives the confirmation e-mail and opens the verification link included in that email.
7. After this procedure, a Personal Area will be created for the Customer, who can see their purchases, check their wish list and modify their credentials.
8. Once becoming a registered member, Customer agrees to maintain the confidentiality of and restricts access to and use of its username and password, and accepts responsibility for all activities that occur under the Customer’s account. Customer undertakes to immediately notify Cimbali of any unauthorised use of his/ her password or account or any other breach of security.
9. The Customer understands that Cimbali has no control over the conducts of third parties who may misrepresent themselves as the Customer or someone else.
10. The Customer agrees to reimburse Cimbali for any improper unauthorized or illegal use of his/ her account by himslef/ herself or by any person obtaining access to Cimbali’s Ecommerce site, services or otherwise by using Customer’s designated username and password, whether or not the same was authorized by the Customer.
• 3.2 Conclusion of the purchase:
1. Once the Customer has completed the registration process in accordance with clause 3.1, the Customer shall be able to purchase Products via the Ecommerce.
2. Before commencing with the purchase process, the Customer must read and accept the Terms and Conditions. The Terms and Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3. You should print a copy of such Terms and Conditions or, alternatively, store them on your computer. Please note that these Terms and Conditions may be amended from time to time and the Terms and Conditions in force at the time of your order will apply.
4. In order to purchase Product(s) on the Ecommerce, the Customer must fill in the Purchase Order form and send it to Cimbali, by electronic means, following the instructions provided in the Ecommerce.
5. The sending of the Purchase Order constitutes an offer by the Customer to purchase the Product(s) specified in the Purchase Order.
6. Before sending the Purchase Order form, the Customer must check the Purchase Order and amend any errors. The information can be amended by clicking on the “edit data” button or as otherwise indicated during the order process. The Customer is responsible for ensuring that the Purchase Order is complete and accurate.
7. The Customer must verify the final price as described in clause 4 below.
8. Cimbali’s acceptance of the Customer’s order takes place when Cimbali emails the Customer to accept the order, at which point the Contract between Cimbali and the Customer shall come into existence.
9. In any case, Cimbali will send the Customer an e-mail containing a summary illustrating all Products ordered and a confirmation of the Purchase Order, after payment has been received by Cimbali. For this reason, the Customer must verify the delivery of the documentation, by checking, if necessary, their junk e-mail box.
10. By sending the Purchase Order form and paying the due sum, the Customer confirms to have understood and approved the Terms and Conditions, as well as any further information provided in the Ecommerce.
11. The acceptance of the mention “I accept and agree to Cimbali Terms and Conditions” is also recognized as an official approval of the due amount to be paid by the Customer, which is required to initiate a commercial relationship between Cimbali and the Customer.
12. If Cimbali is unable to supply the Customer with a Product for any reason, Cimbali will promptly inform the Customer by e-mail and Cimbali will not process the Customer’s order. Cimbali will ask the Customer if they would like to receive a similar Product or not proceed with the purchase. If the Customer does not want to proceed with the purchase, Cimbali will refund the Customer the full amount paid promptly.

 

4. Price

1. The price of the Products will be as quoted on the Ecommerce at the time the Customer submits their Purchase Order form.
2. Cimbali takes all reasonable care to ensure that the prices of the Products are correct at the time when the relevant information was entered on the system. Cimbali sells a large number of Products through the Ecommerce. It is always possible that, despite Cimbali’s reasonable efforts, some of the Products on the Ecommerce may be incorrectly priced. If Cimbali discovers an error in the price of the Products ordered by the Customer, Cimbali will contact the Customer and inform the Customer of this error and Cimbali will give the Customer the option of continuing to purchase the Products at the correct price or cancelling the order. Cimbali will not process the Customer’s order until it has obtained the Customer’s instructions. If Cimbali is unable to contact the Customer using the contact details provided during the order process, Cimbali will treat the order as cancelled and notify the Customer in writing. If Cimbali mistakenly accepts and processes the Customer’s order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Customer as a mispricing, Cimbali may cancel supply of the Products and refund the Customer any sums paid.
3. The price of the Products may change from time to time, but changes will not affect any order placed by the Customer.
4. The price is exclusive of any applicable tax and included of the packaging unless otherwise indicated in writing by Cimbali. The price that is in force at the time of the Purchase Order and, consequently, is completed by the Customer will apply.
5. The price is inclusive of packaging charges unless otherwise indicated on the Ecommerce, whereas the delivery and the installation of the Product are not included and shall be separately charged and/or purchased.
6. The purchase Contract of the selected Product(s), with full application and effectiveness of Terms and Conditions, shall be deemed concluded when Cimbali receives the full payment by the Customer, upon electronic transmission of the Purchase Order form duly filled in.
7. By sending the Purchase Order form and paying the due sum, the Customer confirms to have understood and approved the Terms and Conditions, as well as any further information provided in the Ecommerce. Upon conclusion of the purchase under the Terms and Conditions, Cimbali will take charge of the Purchase Order.
8. The installation of the Products is not included in the price.

 

5. Security of credentials

1. The Customer agrees to keep the log-in credentials to the Personal Area secret and confidential.
2. The Customer shall use the credentials to the Personal Area for its own purposes and shall not allow those credentials to be provided to any third parties.
3. The Customer shall implement appropriate security measures in order to minimize the risk of any third party access to its Personal Area.
4. Any suspicion of unauthorized, prohibited and/or unsuitable access to the Personal Area shall be notified to Cimbali immediately.
5. Cimbali undertakes to take reasonable measures to safeguard against unauthorized access to the Customer’s information and to safely store the Customer’s information. Cimbali will only share the Customer’s personal information with those employees who need to know it in order to perform specific tasks and will not share it with anyone else unless legally obliged to do so, such as government departments for legal reasons.

 

6. Order availability

1. In correspondence to each Product included in the Ecommerce, Cimbali points out if:
   1. it is available in its own stock; or
   2. it is not available in its own stock.
2. Cimbali expressly reserves the right not to point out the availability of the Product(s) included in the Ecommerce. The type and availability of the Product(s) might change in any moment, without any liability of Cimbali toward the Customer.
3. The indication of the Product(s) availability is not binding, it being understood that the Product(s) listed as “not available” could not be ordered by the Customer.
4. Cimbali could not perform Purchase Orders that include incomplete or untruthful data, or in case of Product(s) not being available.
5. If the Product(s) is incorrectly listed as “available” and, however, it is still possible to complete the Purchase Order and execute the due payment by the Customer, Cimbali will promptly reimburse the due sum to the Customer, including delivery costs.

 

7. Payments

1. The payment of the purchase price for all Product(s) shall be made in accordance with the payment methods and the timeframes set out in the Ecommerce.
2. The Customer can pay for the Products using PayPal (with a PayPal account or with a credit card), all major debit card and credit cards, or through the other payment methods set out in the Ecommerce from time to time. Cimbali may change the available payment methods from time to time. The payment methods available at the time of purchase shall be set out on the relevant pages of the Ecommerce.
3. In case of use of credit card, the charge of the price to the Customer is made once Cimbali has verified the credit card data and received the charge authorization by the company issuing the credit card used by the Customer. Cimbali may also require the Customer to provide additional identity verifications before honouring orders done via debit or credit card.
   The credit and debit card data provided during the order process are protected and are transmitted directly to the bank company that manages the payment. The payment occurs directly on a secure server, with SSL encryption key in order to guarantee the absolute security of the transaction. In case of payment with PayPal, at the time that the Customer submits their order on the Ecommerce, the Customer will be transferred to the secure PayPal website. On that website the Customer can complete the payment using the Customer’s PayPal account and under the terms and condition of the PayPal service. The PayPal account will be charged at the time of the transmission of the order confirmation.
4. The price of the Products will not be impacted by the payment method used.
5. Cimbali reserves the right to refuse orders, in particular in case of unpaid invoices or insolvency.

 

8. Product(s) Warranty

1. Each Product(s) sold through the Ecommerce is subject to a one year warranty, provided directly by Cimbali. The Customer must promptly notify Cimbali of the identified damaged/defected products or of the product that does not comply with the Customer specifications as per the original order, not later than 8 (eight) days from the receipt of the Produts, upon sending an email to [email protected], with a detailed explanation of the discovered defect.
2. If the defect is attributable to Cimbali, Cimbali reserves the right to offer the Customer the appropriate remedies, such as repair of the Product(s) or, alternatively, replacement of the Product(s).
3. If it is not possible or it would be excessively costly to perform repair or replacement, due to a small defect that impairs the regular functioning of the Product(s), such as dent, Cimbali offers the Customer the right to a proportionate price reduction.
4. The warranty covers unused products; Customer should return the products in their original packaging along with the original price tags, labels, barcodes, warranty card and invoices.
5. The warranty does not cover, without limitation: any failures or malfunctions due to normal wear and tear; inappropriate and/or non-compliant use; use of non-original spare parts and non-compliance with the instructions in the use and maintenance manually delivered with the Product; accidental events; unauthorized modifications or adaptations; unauthorized modifications carried out to the product in order to comply with local or international technical standards in countries for which this Cimbali product was not originally designed, tampering and anomalies caused by the electrical and hydraulic systems; anomalies caused by failure to follow the manufacturer’s instructions, damages due to the transport of the Product(s), accidents, acts of God, fire, public disturbances. In all cases, warranty repairs must be carried out through the authorized service centres listed by Cimbali only.
6. In the event of technical intervention work at the Customer’s headquarter, the present warranty does not cover, in any case, any labour, travel and/or subsistence expenses.
7. The warranty is not transferable. It will be the Customer’ s sole and exclusive remedy and Cimbali shall not be liable for any incidental or consequential damages or breach of any express or implied warranty of this product. Furthermore, Cimbali shall not be liable for the loss of any saved/stored data in products that are either repaired or replaced.

 

9. Customer’s obligations

Whenever the Product(s) is to be shipped to extra-European Union markets, it will be the Costumer’s responsibility to communicate to Cimbali any applicable law to the Product(s) in the destination Country, included the technical specification, also related to the Product(s) safety, as well as the customs regulation, being it understood that Cimbali will be expressly exonerated of any responsibility and compensated by the Costumer for any direct or indirect cost, onus, prejudice or damage, caused by the non-compliance of the Product(s) to the destination country legal framework. It is also understood that any use of Product(s) in different extra-European Union countries than the one provided in the Purchase Order will remain under the Costumer’s responsibility, who will expressly indemnify Cimbali for any consequent damage.

 

10. Liability - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

1. The Customer shall hold Cimbali relieved and indemnified from all damages and expenses, penalties and, in general, from any obligation to pay sums of money, by reason of activities directly or indirectly connected to the fulfilment of these Terms and Conditions any Purchase Order and/or any purchase Contract. Furthermore, the Customer hereby renounces any and all claims, demands, actions in civil proceedings, even of an economic nature and/or for damages, against Cimbali directly connected to the failure and/or inexact fulfilment of these Terms and Conditions, any Purchase Order and/or any purchase contract - without prejudice to the warranty provided by Cimbali, as prescribed above. This clause shall not apply in cases of:
   • of willful misconduct or gross negligence; and
   • a member of the customer’s family deliberately damaged the Covered Item.
2. Limitation of Liabilities: To the extent permitted by law, Cimbali shall not be liable for any loss or damage whatsoever whether direct, indirect, in connection with your use of the Cimbali Site.
3. Indemnity: The Customer agrees to indemnify and hold Cimbali harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses suffered or incurred due to or arising out of the Customer’s breach of these Terms & Conditions, or Customer’s violation of any law or the rights of a third party.
4. Transfer of Rights and Obligations
   1. The Customer hereby grants Cimbali the right to, and irrevocably acknowledge and agree that Cimbali may at any time, transfer all or any part of its rights, benefits, obligations, or liabilities under this agreement to its affiliates - if any - without requiring customer’s further specific agreement.
   2. Cimbali agrees to use all reasonable endeavours to provide notice to the Customer of any transfer by way of a posting on its site.

 

11. Post-sale Assistance

Cimbali provides Customers with post-sale assistance and can be contacted, for any question, at the address indicated in the page www.faema.com. Cimbali reserves the right to provide post-sale assistance through the authorized service providers listed on the Ecommerce or communicated in reply to the Customer’s request for assistance.

 

12. Product(s) transport and delivery

1. Cimbali is not obliged to ship the Product(s) until it receives the payment of the price, unless otherwise agreed. Once the Contract has come into force, Cimbali will communicate in the order confirmation the delivery date.
2. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
3. Delivery of the Product(s) shall be made FCA, Cimbali’s warehouse (Binasco (MI), Italy). The Product(s) shall travel at Customer’s risk and costs once Cimbali has delivered the Product(s) (at Cimbali’s warehouse (Binasco (MI), Italy) and Cimbali shall be released from any liability upon delivery of the Product(s) to the courier or the Customer, in the event the latter decides to withdraw the Product(s), either personally or through a designated person.
4. If, for reasons outside of Cimbali’s control, the delivery of the Product(s) cannot be made in the indicated manner and time, Cimbali will inform the Customer, indicating, where possible, new times and methods. By concluding the purchase agreement, the Customer accepts the event of a delay. If the delay of the delivery is more than 90 (ninety) days following the scheduled date, the Customer will be entitled to terminate the purchase agreement. In such event, Cimbali shall reimburse the price paid by the Customer.
5. If Cimbali fails to deliver the Products, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement products of similar description and quality in the cheapest market available, less the price of the Products. Cimbali shall have no liability for any failure or delay to deliver the Products to the extent that such failure or delay is caused by Force majeure or the Customer's failure to provide Cimbali with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
6. The Customer must verify, at the time of delivery, that the packaging and/or the Product(s) pack are intact, not damaged, not wet or otherwise altered, in the sealing materials too.
7. For any complaints related to the damages of packaging, quantity, number or external characteristics of Product(s), definable as apparent defects, Customer shall notify Cimbali upon sending an e-mail to the following e-mail address: [email protected] within 8 (eight) days following the date of Product(s) receipt, it being understood that Cimbali is not responsible for any damage and/or circumstance arising from the transport.
8. The Customer owns the Products once we have received payment in full, including of all applicable delivery charges.

 

13. Security measures

1. In order to ensure that the Customer’s credit, debit or charge card, as well as PayPal credentials are not being used without consent, Cimbali will validate the name, address and other information supplied during the order process against appropriate third-party databases in accordance with Cimbali’s privacy policy. In performing these checks, personal information provided by the Customer may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm the Customer’s identity, a credit check is not performed, and the Customer’s credit rating will be unaffected.
2. If an order placed by the Customer is considered to be fraudulent or otherwise made in breach of these Terms and Conditions, the sale will be cancelled immediately. Where any sums have already been debited to the Customer, they will be refunded within 14 (fourteen) business days after proper notification.

 

14. Force majeure

1. Cimbali will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations arising under or in connection with these Terms and Conditions that is caused by Force majeure.
2. If a Force majeure takes place that affects the performance of Cimbali’s obligations arising under or in connection with these Terms and Conditions, Cimbali will:
   • notify the Customer as soon as reasonably possible; and
   • Cimbali obligations will be suspended and the time for performance of the obligations will be extended for the duration of the Force majeure event. Where the Force majeure event affects Cimbali’s delivery of Products to the Customer, Cimbali will arrange a new delivery date with the Customer after the Force majeure event is over.
3. The Customer may cancel a Contract affected by a Force majeure which has continued for more than [45] days. To cancel the Contract, the Customer must contact Cimbali.

 

15. Assignment

1. Cimbali may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
2. 15.2 The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Cimbali.

 

16. Waiver

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

 

17. Severance

If any provision or part-provision of these Terms and Conditions or of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Terms and Conditions or of the Contract. If any provision or part-provision of these Terms and Conditions or of the Contract is deemed deleted under this clause 17, the Parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision. If these Terms and Conditions are translated into any language other than English, the English version of the Terms and Conditions shall prevail.

 

18. Third party rights

These Terms and Conditions do not give rise to any rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

 

19. Applicable Law and competent Court

The Terms and Conditions, any Purchase Order and/or any purchase Contract of the Product(s) and any dispute, claim or controversy arises out of or in connection with or in relation to these Terms & Condition including without limitation to any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this agreement shall be subject to the exclusive jurisdiction of the courts of United Arab Emirates and the Customer hereby accedes to and accepts the jurisdiction of such courts.

 

20. Variation of General Terms and Conditions

The Terms and Conditions are subject to amendment by Cimbali. Such amendments shall immediately be effective upon publishing on Cimbali’s Ecommerce. Therefore, Customer agrees and accepts all these amendments one he/she users or accesses the Ecommerce dedicated webpage. It is understood that the terms and conditions published in the Ecommerce at the time of the Product(s) payment made by the Customer will apply.

 

21. Privacy

For information about how we process personal information, please read the information provided on the Ecommerce in the Customer Service Area – Privacy Policy.