Terms and Conditions

TERMS AND CONDITIONS CONSUMER

1. Information about us and how to contact us

We are Gruppo Cimbali S.p.A., VAT number 09052100154, with our registered office in Via A. Manzoni 17, Binasco (MI), Italy (referred to below as “Cimbali”, “we”, “us”, or “our”).
You can contact us through our website www.faemina.com in the Customer Services ‘Contact Us’ area, by email at [email protected] or by post at Via A. Manzoni 17, Binasco, Milan, Italy.
If we have to contact you, we will do so by phone, by email or by post using the contact details you provided during the order process.

2. These Terms and Conditions

The sale of products (“Products”) on our website www.faema.com (“Website” or “Ecommerce”) is governed by these general terms and conditions of sale (referred to below as “Terms and Conditions”). These Terms and Conditions together with the order form (“Order Form”) constitute the contract (“Contract”) between you and us (also the “Parties”, singularly the “Party”).
These Terms and Conditions and the rights granted under these Terms and Conditions will only apply to you if you are a consumer i.e. where you are not a business or you are purchasing products to use for commercial or business purposes (a “Consumer”). If you are a business and/or are purchasing products to use for commercial or business purposes (“Business Customers”), these Terms and Conditions will not apply to you.
Please read these Terms and Conditions carefully before you submit your order to us. These Terms and Conditions tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms and Conditions, please contact us to discuss.
By accepting these Terms and Conditions, you agree to comply with them in relation to your use of the Website. If you do not agree to be bound by these Terms and Conditions, you are kindly requested to refrain from accessing and registering this Website.
We amend these Terms and Conditions from time to time. Every time you wish to order from our Website, please check these Terms and Conditions to ensure you understand the Terms and Conditions which will apply at that time. These Terms and Conditions were most recently updated on May 4, 2022.

3. Our products

The key features of our Products are set out on the Website.
The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your product may vary slightly from those images.
The packaging of the Product may vary from that shown in images on our Website.
The pictures are shown for illustration purpose only and may not entirely correspond to reality, for technical reasons too. As a consequence, Cimbali shall not be held liable for the possible unsuitableness of the pictures of the Products shown in the Ecommerce, if due to the above-mentioned technical reasons.
Cimbali reserves the right not to accept orders which appear unusual in relation to quantity of purchased Products or to the frequency of the purchases.
We reserve the right to amend the specification of the Products if required by law.
We reserve the right to stop selling the Products shown on our Website, or in other sales literature at any time.

4. Conclusion of the purchase

Registration

To purchase a Product from our Website, you must first register and create an account on the Website. By registering, you represent that you are 18 (eighteen) years of age or older. Please note that we may limit or withdraw access to the Website if we have reason to believe that you are under the age of 18.
You must provide the information requested, in the format requested, during the registration process on the Website.
You shall ensure that the information provided during the registration process is accurate, complete and truthful, with the understanding that as per UAE laws, you have the right to access and rectify your personal data.
The registration will be effective only when you receive the confirmation email and open the verification link in that email.
After this process, a personal account (“Account”) will be created where you will be able to see your purchases, check your wish list and change your details.
You can only register for one Account per person, and it is expressly prohibited to register twice for the same person, to enter the personal data of third parties or fictional data.
You shall keep your registration details to your personal Account (i.e. username and password) confidential and you must not disclose them to any third party.
If you know or suspect that anyone other than you knows your username or password, or that anyone is unauthorizedly using your username, password or Account, or that a security breach is occurring, you must promptly notify us at [email protected].
Any and all activities carried out through your Account, using your username and password, will be assumed to be carried out by you. You understand that you will be liable for any and all activities carried out under your Account, username and password.
You undertake to reimburse us for any improper or illegal use of your Account, username and/or password, whether authorised or not by you.
We undertake to ensure that the access to your personal area, as well as to your personal information, is restricted and safely stored. We will only share your personal information with those employees who need to know it in order to perform specific tasks, and we will not share it with anyone else unless we are legally obliged to do so.

Conclusion of the purchase:

Once you have completed the registration process in accordance with the process set out above, you shall be able to purchase Products on the Website.
Before proceeding with any purchase, we suggest that you read the Terms and Conditions, focusing on the withdrawal clauses, printing a copy thereof and saving one copy on a permanent storage device, so that you may retrieve any information referred to you in the future and reproduce identically the stored data.
In order to purchase Products on the Website, you will need to fill in the electronic Order Form and send it to Cimbali, by electronic means, following the instructions provided on the Website.
Before sending the Order Form, you must check and amend any errors. The information can be amended by clicking on the “edit data” button or as otherwise indicated during the order process in the Ecommerce.
In any case, in order to provide a better protection, Cimbali will send you by email a receipt of your purchase order with a summary of the information included in the Order Form, as well as a link to applicable Terms and Conditions. In this regard, you must verify the delivery of the documentation, by checking, if necessary, your junk email box.
You must also verify the final price, before sending the related Order Form, it being understood that the price charged to the Product will be the one displayed on the Website at the time of the order made by you.
Our acceptance of your order will take place when we email you to accept it, at which point the Contract will come into existence between you and us.
By sending the Order Form and paying the due sum, and/or by agreeing to the phrase “I accept and agree to Cimbali Terms and Conditions”, you confirm that you have understood and approved the Terms and Conditions, as well as any other relevant information provided through the Ecommerce.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product, because we are unable to meet a delivery deadline you have specified or where we reasonably suspect any fraudulent activity in relation to the order. Where you have not paid for the Product at the point that we inform you that we are unable to accept your order, we will not charge you for the Product. Where you have already paid for the Product at the point at which we inform you that we are unable to accept your order, we will refund you any amounts paid in advance in full.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Our website is solely for the promotion of our products in the United Arab Emirates. Unfortunately, we do not accept orders from or deliver to addresses outside the United Arab Emirates.

5. Warranty

Each Product sold through the Ecommerce is subject to the legal warranty, provided directly by Cimbali, according to the applicable law, starting from delivery date.
You must enforce the warranty directly, within 2 (two) months from the discovery of the defect, by sending us a request by email to [email protected], explaining the discovered defect and sending us the purchase receipt, that you shall therefore store with care.
Unless proven otherwise, it is presumed that the lack of conformity that appears within 6 (six) months from the Product delivery was already present at that time of purchase, unless such presumption is not compatible with the kind of product or with the type of defect.
After the notification of the lack of conformity, we reserve the right to offer to you the appropriate remedies.
In case of lack of conformity, you have the right to the restoration of the conformity of the Product, through one of the authorized service centres that we will list with no expenses, through repair or replacement, or through adequate reduction of the price or termination of the Contract.
You may also ask us, at your discretion, to repair or replace the Product, with no expenses in both cases, unless the remedy asked is objectively impossible or excessively costly, compared to the other.
A small lack of conformity (i.e. not linked to functioning of the Product) for which it has not been possible, or it would have been excessively costly to perform repair or replacement, does not give the right, in any case, to the termination of the Contract.
The warranty covers unused Products; you must return the Products in their original packaging along with the original price tags, labels, barcodes, warranty card and invoices.
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 due to 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 us.
In the event of technical intervention work at your quarters, the present warranty does not cover, in any case, any labour, travel and/or subsistence expenses.
This warranty is not transferable. This warranty will be your sole and exclusive remedy and we shall not be liable for any incidental or consequential damages or breach of any express or implied warranty of this Product. Furthermore, we shall not be liable for the loss of any saved/stored data in Products that are either repaired or replaced.
Limitation of Liabilities: to the extent permitted by law, we shall not be held liable for any loss or damage whatsoever whether direct, indirect, in connection with the Customer’s use of the Website.
Indemnity: you agree 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 you breach of the Contract, or your violation of any law or the rights of a third party.
Transfer of Rights and Obligations: you hereby grant us the right to, and irrevocably acknowledge and agree that we may at any time, transfer all or any part of our rights, benefits, obligations or liabilities under the Contract to its affiliates - if any - without requiring your further specific agreement.
We agree to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on our Website.

6. Post-sale Assistance

Post-sale assistance is provided directly by the Cimbali network, through the authorized service providers listed on the Ecommerce or communicated to you in reply to your request for assistance.
With regard to post-sale assistance, you may contact us for any question, through the form on our website www.faema.com or by email [email protected].

7. Prices

The prices of the Products (which shall include any applicable tax) will be the price indicated on the order pages on the Website when you placed your order. We take 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. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any goods provided to you.
The prices of the Products, expenses, taxes and duties included, are listed in the Product schedule, and the prices invoiced for the goods ordered are those in effect on the date you place your order. The transport expenses are specified in the Order Form.
The transport expenses, included in the total amount finally displayed, are charged to you in a lump sum that varies according to the total volume of the delivery.
The prices specified in the Product schedule are effective until the end of the purchase procedure.
If a Product price is on discount and the percentage of discount and/or the original price are displayed, this information will be referred to the price usually charged on our Website.
Possible taxes, duties, custom duties and other charges provided by the law of the country where the Products shall be delivered will be completely borne by you and will be paid by you at the time of the delivery of the Products, directly to the tax or custom authorities in charge or to the courier who has performed the delivery.
The installation of the Product is not included in the price.

8. Payment terms

We accept payment through PayPal (with a PayPal account or with a credit card), all major credit cards and debit cards and other payments methods as set out on the Website from time to time. Cimbali may change the available payment methods from time to time. The payment methods available to you at the time of purchase shall be set out during the order process on the Website.
We will not charge you until we dispatch the Products to you unless differently agreed or specified in the Order Form.
In case of use of credit card, the charge of the price to you is made once we have verified the credit card data and received the charge authorisation by the company issuing the credit card used by you.
The credit and debit card data provided during the order process is protected and is transmitted directly to the bank company that manages the payment. The payment occurs directly on a secure server, with an SSL encryption key in order to guarantee the absolute security of the transaction.
In case of payment with PayPal, where you submit your order on the Website you will be automatically transferred to the secure PayPal website. On that website you can complete the payment using your PayPal account and PayPal’s terms and condition will apply. The PayPal account will be charged at the time of the transmission of the order confirmation.
The price of the Products will not be impacted by the payment method used.
We reserve the right to refuse orders, in particular in case of unpaid invoices or insolvency.

9. Product transport and delivery

We shall not be obliged to perform the shipment of the Product until we receive the full payment of the Product’s price.
The costs of delivery will be as displayed to you on our Website.
Once we have confirmed that we have accepted your order, we will let you know when we will provide the Products to you. We will deliver the Products to you as soon as reasonably possible and, in any event, within 30 (thirty) days after the day on which we accept your order. These delivery terms should be considered not compulsory, not essential terms but merely formal. Cimbali cannot, in any case, be held responsible for missing the deadline of Products’ delivery.
Please inspect the packaging and/or the Products’ pack on delivery to ensure that the packaging is intact, not wet and not otherwise damaged. If there is any damage to the packaging, you shall place a check reservation note on the courier delivery receipt, as well as notifying us using the contact details set out above.
Our nominated courier will deliver our Products to you. If no one is available at your delivery address to take delivery, they will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot either we or our nominated courier will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we or they are unable to contact you or re-arrange delivery or collection, we may end the Contract with you. In such case, we will reimburse the price you paid for the Product.
A Product will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us.
You own a Product once we have received payment of the price in full.

10. Events outside our control

We are not liable for delays outside of our control.
If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.

11. Your consumer rights

As a consumer in the UAE, under the Federal Law no. 15 of 2020 on Consumer Protection you are granted the following rights:
- to be provided an appropriate and safe environment when purchasing a good or receiving a service; and
- to obtain correct information about the goods you purchase, use or consume or the service you receive; and
- to be informed about your rights and obligations; and
- to have the right to choose the most appropriate product and service available in the market according to their wishes; and
- to obtain fair compensation for damages you suffer as a result of purchasing or using defective goods or receiving inadequate or unprofessional services.
We do our best to ensure that such conditions are fulfilled at all times. Nonetheless, should you find that your rights are not respected, please refer to the following clauses.
If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back). On this regard, please refer to clause 12 of these Terms and Conditions.

12. How to end the Contract

To end the Contract, please use the specific “return form” available in the order section of your Account within 14 (fourteen) days from the receipt of the Products.
If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must allow us to collect them from you at a time and date agreed by us. Once you have notified us that you want to end the Contract, our customer service team will arrange collection of your machine – free of charge.
We will refund you the price paid for the Products including delivery costs, however, we may make deductions as set out below. We will generally issue the refund to you by the method you used for payment. Please contact us if you would like to receive the refund by a different method of payment.
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Products must be returned in an unused state and in brand-new condition, with original package, labels and tags. If you fail to comply with the present clause 12.5. of the Terms and Conditions, you shall not have any right to refund under the Contract.

13. If there is a problem with the Products

If you have any questions or complaints about the Products, please contact us. You can contact us by the Customer service Section at www.faema.com by email us at [email protected].
If you wish to exercise your legal rights to reject Products, you must allow us to collect the Products from you at a time and date agreed by us.

14. Security measures

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

15. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed.
We are responsible to you for foreseeable loss and damage caused by us, to the extent permitted by law. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage whatsoever, whether direct or indirect, which is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sale process.
We are not liable for business losses. We supply the Products for domestic and private use only and you shall not use the Products for any commercial, business or re-sale purposes. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for:
- any loss of profit,
- loss of business,
- business interruption, or
- loss of business opportunity.

16. Supervening Impossibility

Pursuant to the UAE Federal Law No. (5) of 1985 On the Civil Transactions Law, our obligation is extinguished when the performance becomes impossible for a cause that is not attributable to the Parties. The corresponding obligation shall, be extinguished and the Contract automatically rescinded.
If the impossibility is only temporary, as long as it lasts, the Party that is not capable of performing is not responsible for the delay in performance. The obligation is extinguished if the impossibility lasts until the Party that is not capable of performing can no longer be considered bound to perform the contractual service in relation to the service subject to the Contract or, alternatively, the other Party no longer has an interest in achieving said performance.
Cimbali will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by force majeure (“Force Majeure”), which shall mean any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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.

17. Governing Law and competent Court

The Terms and Conditions, the Contract, any Purchase Order of the Product(s) and/or any purchase contract of the Product(s) shall be governed by the substantial Law of the United Arab Emirates.
The Terms and Conditions, the Contract, 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 and Conditions, including, without limitation, to any question regarding the formation, existence, scope, performance, interpretation, validity or termination of these Terms and Conditions and this Contract shall be subject to the exclusive jurisdiction of the courts of United Arab Emirates and you hereby accede to and accept the jurisdiction of such courts.

18. Complaints

If you have any complaints or queries, please contact Cimbali directly, at the addresses indicated on the website www.faema.com or email [email protected].

19. Privacy

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

20. Severability

If any clause of this Contract shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Contract. If this Contract is translated into any language other than English, the English text shall prevail.

21. Variation of General Terms and Conditions

The General Terms and Conditions are subject to amendment by Cimbali. Such amendments shall be effective immediately upon posting them on Cimbali’s Website, as such by accessing or using this Website after such amendments were posted, Customer agrees and consents to all these amendments.

22. Other important terms

We may transfer our rights and obligations under the Terms and Conditions and under the Contract to another organisation. We will ensure that the transfer will not affect your rights under the Contract.
Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of these Terms and Conditions nor any clause of the Contract.
If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions and of the Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Consumer Conditions