Terms and Conditions

TERMS AND CONDITIONS

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.faema.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 telephone, by email or by post using the contact details you provided to us during the order process.

These terms

The sale of products on our website www.faema.com 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 constitute the contract between us.
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 not a business or 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.
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 March 14, 2022.

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.

Conclusion of the purchase

Registration

To purchase a product from our website, you must first register and create an account on the website.
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.
The registration will be effective only when you receive the confirmation e-mail and open the verification link in that email.
After this process, a personal 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.
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, you must promptly notify us at [email protected].

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.
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 any case, in order to provide a better protection, Cimbali will send you by e-mail 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 e-mail 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 by you.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
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 UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK.

Post-sale Assistance

Post-sale assistance is provided directly by the Cimbali network, which can be contacted, for any question, by the form on our website www.faema.com or by email [email protected].

Prices

The prices of the products (which shall include VAT) 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. 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 included in the price.

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 purchase Order.
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.

Product transport and delivery

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 days after the day on which we accept your order.
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.
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 in full.

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.

Your rights to end the contract

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. Those rights are set out in more detail below.

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). See clause 12.
If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

we have told you about an upcoming change to these terms which you do not agree to;
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 days; or
you have a legal right to end the contract because of something we have done wrong.

If you have just changed your mind about the product. For most products bought online you have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013. If you have bought a product from our website, you have 14 days after the day you (or someone you nominate) receives the product to change your mind unless your products are split into several deliveries over different days. In this case you have 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products. 10.1.4 Note that any refund may be subject to deductions as set out below. You do not have a right to change your mind in respect of:

customised, bespoke or personalised products; and
any products which become mixed inseparably with other items after their delivery

How to end the contract

To end the contract, please use the specific “return form” available in the order section of your personal online account.
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.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

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; and
the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then we will refund you within 14 days of your telling us that you have changed your mind.
Products must be returned in an unused state and in brand-new condition.

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 Cusomer service Section at www.faema.com by email us at [email protected].
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with the contract to consumers. Nothing in these Terms and Conditions affects your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

Up to 30 days: if your goods are faulty, then you can get an immediate refund.
Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

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.

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. 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 this 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.

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; and for defective products under the Consumer Protection Act 1987.
We are responsible to you for foreseeable loss and damage caused by us. 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 breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that 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 sales 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.

Governing Law

If you are a consumer you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions, including this clause 15.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
These Terms and Conditions are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the English or Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how Cimbali has handled any complaint, you can submit a complaint for online resolution to the European Commission Online Dispute Resolution platform.

Complaints

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

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.

Other important terms

We may transfer our rights and obligations under these Terms and Conditions 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.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions 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