Company Conditions
TERMS AND CONDITIONS CONSUMER
The offer and the sale of Products on our Website are governed by these general terms and conditions of sale which jointly with the order form constitute the contract (hereinafter, “Terms and Conditions”) which governs the relationship between Gruppo Cimbali S.p.A., VAT number 09052100154, with registered office in Via A. Manzoni 17, Binasco (MI), Italy, email address [email protected] (hereinafter referred to as “Cimbali”) and the Customer.
Terms and expressions listed below have the meaning specified below. Terms defined in the singular are meant to be defined also in the plural, and vice versa:
Cimbali: Gruppo Cimbali S.p.A., with registered office in Via A. Manzoni 17, Binasco (MI), Italy.
Customer: who purchases one or more Products through the Website in accordance with the Terms and Conditions.
Force Majeure Event: means any act or event beyond Cimbali’s 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, pandemic, 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.
Parties: means Cimbali and the Customer jointly.
Personalized Products: means any products that are made to the Customer’s specifications.
Products: means the items offered for sale on the Website.
Private Area: means that part of the Website which is for Customer’s use only, through which the Customer can have access to specific functions provided by Cimbali, upon authentication.
Shipment Date: means the effective date on which Cimbali ships the Products ordered by the Customer.
Website: means www.faema.com.
2. Subject of the Terms and Conditions
The Terms and Conditions regulate the online sale of Products by Cimbali to the Customer.
The essential features of the Products are explained in each product schedule provided on the Website.
Any Product images which are displayed on the Website will reflect, as accurately as possible, the actual appearance of the relevant Products. However, any images displayed on the Website are provided for illustrative purposes only and may not entirely correspond to reality. To the extent permitted under applicable law, Cimbali shall not be held liable for minor discrepancies between images of the Products on the Website and the actual appearance of Products purchased, including, for example, minor differences in color.
Information about the range of Products sold via our Website is available, with product references, on our Website. In any case Cimbali reserves the right not to accept orders which appear unusual or indicative of prohibited activities, including in relation to quantity of purchased Products or to the frequency of the purchases.
3. Conclusion of the purchase
3.1 Registration: in order to purchase the Products provided by the Website the Customer must make an account on the official Cimbali website, www.faema.com (the “Website”, providing all required personal data in the appropriate fields. The Customer must ensure that the personal information provided during the registration procedure and at a later stages is complete and truthful.
The registration will be effective only when the Customer receives the confirmation e-mail and opens the link included therein. After this procedure, a Personal Area in the Website will be created for the Customer, who can see their purchases, check their wish list and modify their credentials. The registration credentials, as well as the access to the Personal Area, shall be used by the Customer only and shall never be given to third parties. The Customer agrees to keep these details confidential and to ensure that no other person is granted access to them. The Customer will also adopt any appropriate security measures in order to minimize the risk of any access to the Personal Area that could be unauthorized, prohibited and unsuitable, promptly notifying Cimbali whenever they suspect any improper use or any unauthorized or prohibited access to the Personal Area.
3.2 Conclusion of the purchase: after the Registration it will be possible to begin the purchase procedure. Before proceeding, the Customer must read and agree to the Terms and Conditions. Cimbali recommends that the Customer reviews the Terms and Conditions at regular intervals as they may be subject to amendment by Cimbali.
In order to purchase Products on the Website, the Customer must 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, the Customer must review the order form and correct any possible errors, including to ensure the selected Product is correct. If any details are incorrect, it is possible to modify them by clicking on the “edit data” button. In any case, in order to provide a better Customer protection, Cimbali will send an e-mail receipt of the Customer’s purchase order with a summary of the information included in the order form, as well as a copy of the Terms and Conditions. In this regard the Customer must verify the delivery of the documentation, by checking, if necessary, their junk e-mail folder.
The Customer 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 price displayed on the Website at the time of order.
The installation of the Product is not included in the price and can be separately purchased.
The agreement for the purchase of the selected Product(s), with full application and effectiveness of the Terms and Conditions, shall be deemed concluded when Cimbali receives payment from the Customer, upon electronic transmission of the order form duly filled in.
By submitting the order form and paying the due sum, the Customer confirms to have understood and agreed to the Terms and Conditions, as well as any further information provided on the Website.
Upon conclusion of a purchase under the Terms and Conditions, Cimbali will take charge of the purchase order.
Occasionally some inconveniences related to Product availability may occur. In those circumstances, Cimbali will promptly inform the Customer by e-mail and will offer them the option to choose between the purchase of an alternative Product of similar value, cancellation of the order, or any other remedies available under applicable law. If the Customer chooses to cancel the order, Cimbali will promptly reimburse the Customer.
3.3. Customer’s obligations: Cimbali recommends that the Customer prints out or saves these Terms and Conditions and the specifications of the purchased Product. The Customer must not enter false and/or misleading data during the registration process. The personal data and email provided must be those of the person placing the order and not of third parties or fictional characters. Customers are expressly prohibited from registering twice for the same person.
4. Order availability
In relation to each Product included on the Website, Cimbali may identify whether the Product is:
- a) available or “in stock”; or
- b) not available or “out of stock”.
Cimbali expressly reserves the right not to identify the availability of the Products included on the Website. The type and number of Products available may change in any moment without any liability of Cimbali toward the Customer.
An indication that a Product is available is not binding, and Cimbali reserves the right to cancel an order where a Product is not actually available.
Cimbali is not obligated to perform purchase orders which include incomplete or untruthful data, or where a Product is not available.
If the Products displayed on the Website are no longer available or not on sale at the time of the transmission of the order form and Cimbali cannot, consequently, follow up the purchase order, Cimbali will inform the Customer by e-mail and will reimburse the sum already paid.
5. Product Warranty
Each Product sold through the Website is subject to a legal warranty provided directly by Cimbali, starting from the delivery date for a period of 24 months.
The warranty must be enforced directly by the Customer by sending a request to Cimbali by email to [email protected], explaining the discovered defect. The Customer is required to retain the purchase receipt to make a claim under the Cimbali warranty.
Unless proven otherwise, it is presumed that any defect that appears within 6 (six) months from the Product delivery date was present at the time of delivery, and the Customer may make a warranty claim in respect of this defect.
Cimbali will also comply with any consumer warranties and guarantees made available under applicable law.
After Cimbali has received notification of a defect, Cimbali reserves the right to offer to the Customer the appropriate remedies.
In case of lack of conformity, the Customer may have the right to rectification of the Product, at no expense, through repair or replacement, the right to request a refund for the purchase of the Product, or other remedies as available under applicable law.
To the extent permitted under applicable law, the Customer can ask to Cimbali, at the Customer’s discretion, to repair or replace the Product at no expense to the Customer, unless the requested remedy is objectively impossible or excessively costly compared to other available remedies.
To the extent permitted under applicable law, a minor defect (i.e. a defect not linked to functionality) for which repair or replacement has not been possible, or which would be excessively costly to repair or replace, does not give the Customer the right to terminate the purchase agreement under these Terms and Conditions.
6. Post-sale Assistance
The post-sale assistance is provided directly by the Cimbali network, which can be contacted using the form on the Website or by emailing [email protected].
7. Prices
The prices payable for the items you order are those displayed on this Website on the date of the placement of your order, inclusive of any applicable sales tax.
Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date of the order, calculated in accordance with the size of the order and the delivery method selected. The Customer will be advised of the amount of the delivery charges applicable to the order during the checkout process and before the placement of the order.
Cimbali reserves the right to modify the prices of its Products in the future.
Installation of the Products is not included in the price and can be purchased separately.
8. Payment terms
The Customer can pay the due sum through PayPal (with a PayPal account or with a credit card), credit card, debit card or through the other payment instruments listed on the Website.
Cimbali reserves the right to modify or implement the payment instruments available to the Customer, it being understood that the payment instruments available will be the ones listed on the Website at the time of the transmission of the order by the Customer.
In case of use of credit card, the charge of the price to the Customer is made once the credit card data has been verified and Cimbali has received the charge authorization from the company issuing the credit card used by the Customer.
The credit card data sent during the order process is protected and transmitted directly to the bank company that manages the payment. The payment occurs directly on a secure server, with SSL encryption in order to guarantee the absolute security of the transaction.
In case of payment with PayPal, at the time of transmission of the order by the Customer, the web session will be transferred into the secure PayPal website. On that website the Customer can complete the payment of the due price using their PayPal account and under the terms and conditions of the PayPal service, undersigned in that moment or previously. The charge of the price on the PayPal account occurs at the same time as the transmission of the order confirmation. The price of the Products will not vary according to the payment instrument selected, under any circumstances.
9. Product transport and delivery
Cimbali is not obliged to ship the Products until it receives payment of the price.
Cimbali will confirm the Shipment Date with the order confirmation and, in any case, not later than 30 (thirty) days from order confirmation.
The delivery terms here specified are indicative only. Cimbali will not be liable to the Customer for any reasonable or unforeseeable delays in shipment or delivery.
Cimbali will ship the Products by express courier (as selected from time to time according to the Product purchased and its destination) to the delivery address provided by the Customer during the registration process, or to a different address provided by the Customer during the order transmission.
The Customer must verify, at the time of delivery, that the packaging and/or the Products are intact, not damaged, not wet or otherwise altered, and that the Products remain sealed.
The Product becomes the Customer’s responsibility from the time it is delivered to the address provided in the order confirmation.
The Customer must immediately notify the courier of any damage to the packaging or to the Products, and inform Cimbali by registered letter or equivalent technology. If the Customer fails to do so, and in particular if the courier delivery receipt is signed with no objection, the Customer can no longer make any complaint regarding damage to the Product or its packaging during transit.
10. Delays in deliveries
If, for reasons not due to Cimbali, it is not possible to make delivery of the Products in the indicated manner and time, Cimbali will inform the Customer, indicating, where possible, new estimated times and methods for delivery. The Customer, by concluding the purchase agreement, accepts the possibility of such delays. If the delay of the delivery is more than 90 (ninety) days from the scheduled date, the Customer will be entitled to terminate the purchase agreement.
11. Security measures
In order to ensure that the Customer’s credit, debit or charge card is not being used without their 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. 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.
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, and in the event that any sums have already been paid by the Customer, they will be refunded within 14 (fourteen) business days of proper notification.
12. Force Majeure
Cimbali will not be liable for any failure to perform its obligations under these Terms and Conditions where such failure is due to a Force Majeure Event.
If the Force Majeure Event is only temporary, then the Party that is not capable of performing its obligations is not responsible for the delay in performance for the duration of the Force Majeure Event. The Party’s obligation is extinguished if the Force Majeure Event lasts until the Party that is not capable of performing can no longer be considered bound to perform its obligations or, alternatively, the other Party no longer has an interest in achieving said performance.
13. Governing Law
These Terms and Conditions, as well as any purchase agreement based on the same, are governed by Australian Law.
14. Complaints
For any complaints or queries, please contact Cimbali directly at the addresses indicated on the Website (www.faema.com) or by email to [email protected].
15. Privacy
The Customer must read and agree to the Cimbali Privacy Policy provided on the Website in the Customer Service Area.
16. Contacts
The Customers can directly contact Cimbali in writing by sending an email to: [email protected] or through the Website in the Contact Us area.
