Art. 1 – General provisions
The user browses the Fuze website, accessible via the url: www.fuzeshapes.com. Browsing and transmitting a purchase order on the site implies acceptance of the conditions and data protection policies adopted by the site indicated therein.
These general conditions of sale apply to the sale of products, with exclusive reference to purchases made on the site in accordance with the provisions of part III, title III, chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. .lgs. n. 21/14 and D.lgs. 70/03), by
Accarino Maurizio Luigi Place of birth: Salerno Date of birth: 22 September 1987 Residence: Viale delle Ginestre, n. 68 Salerno Tax Code: IT05790520653 VAT: IT05790520653
The user is required, before accessing the products provided by the site, to read these general conditions of sale which are generally and unequivocally accepted at the time of purchase.
The user is invited to download and print a copy of the purchase form and these general conditions of sale, the terms of which the seller reserves the right to modify unilaterally and without notice.
It is possible to use the site and, therefore, to access products supplied by it and to purchase these also in English.
Art. 2 – Object
These general conditions of sale govern the offer, forwarding and acceptance of purchase orders for products on fuzeshapes.com and do not, however, govern the provision of services or the sale of products by parties other than seller who are present on the same site through links, banners or other hypertext links.
Before placing orders and purchasing products and services from different subjects, we suggest checking their conditions of sale.
Art. 3 – Conclusion of the contract
To conclude the purchase contract, it will be necessary to fill in the form in electronic format and send it following the relative instructions.
It contains the reference to the general conditions of sale, the images of each product and its price, the means of payment that can be used, the methods of delivery of the products purchased and the relative shipping and delivery costs, a reference to the conditions for the exercise of the right of withdrawal, methods and times for returning the purchased products.
Before concluding the contract, you will be asked to confirm that you have read the general conditions of sale including the information on the right of withdrawal and the processing of personal data.
The contract is concluded when the seller receives the form filled in by the user, after verifying the correctness of the data contained therein.
The user will be obliged to pay the price from the moment the online order forwarding procedure is completed. This will be done by clicking on the “Confirm purchase” button at the end of the wizard.
Once the contract is concluded, the seller takes charge of the order for its evasion.
The goods can be shipped to an address other than the billing address if a different place of destination for the goods has been specified in the order form (in the “Notes” section).
The sale of the goods is considered completed only upon shipment of the same. Until then, the advance payment, or any down payment, will be considered a deposit, and only upon shipment will it become a consideration subject to VAT.
In completing the payment procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.
Art. 4 – Availability of products
The availability of the products refers to the actual availability at the time the user places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence on the site of multiple users and the sale of products on other channels, the products could be sold to other customers before the order is confirmed.
Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified with the elimination of the unavailable product and the user will be immediately informed by e-mail.
If the user requests the cancellation of the order, by terminating the contract, the seller will refund the amount paid within 30 days from the moment the seller became aware of the buyer’s decision to terminate the contract.
Art. 5 – Products offered
The seller markets accessories for motorcycles. These products are considered for display purposes and are not suitable for use on the road. The products must be installed correctly by specialized personnel. The seller is relieved of any consequences deriving from non-compliance with the above.
The offer is detailed on the website at the link: www.fuzeshapes.com
Art. 6 – Methods of payment and prices
The price of the products will be that indicated from time to time on the site, unless there is an obvious error.
In the event of an error, the seller will notify the buyer as soon as possible, allowing confirmation of the order at the right amount or cancellation. In any case, there will be no obligation for the seller to supply what was sold at the lower price incorrectly indicated.
The prices of the site include VAT and do not include shipping costs. Prices are subject to change at any time. The changes do not affect orders for which order confirmation has already been sent.
Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the purchase instructions, entering or verifying the information requested in each step of the process. Order details can be changed before payment.
Orders can be paid in the following ways. All provide for the full advance payment of the order. The sale of the goods is considered completed only upon shipment of the same: credit card, using the Stripe system, or Paypal system. Payment by credit card is managed by Stripe, which will check the validity of credit cards and ensure maximum security for each transaction.
On the electronic shopping cart page, it is necessary to specify exactly the company name or the person to whom the purchase invoice will be univocally registered. The tax documentation relating to the products ordered will be issued at the time of shipment of the products to the customer and attached to the shipment
Art. 7 – Delivery
The seller carries out shipments throughout the Italian territory, excluding the state of Vatican City and the Republic of San Marino.
The seller will only make deliveries to the user’s home, provided at the time of purchase.
Delivery is made, for the Italian territory, generally within 2-4 working days, or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, within the deadline maximum of thirty days from the date of confirmation.
As for the countries of the European Union, delivery will be made in 2-10 working days, and in any case, within a maximum period of thirty days.
In extra-EU territories, delivery will take place, approximately, in 2 weeks, except for delays attributable to third parties.
If it is not possible to make the delivery, after the expiry of the storage period, the order will return to the seller. In this case, a notice will specify the place where the order is located and how to agree on a new delivery.
If delivery cannot take place for reasons not attributable to the seller after thirty days from the date on which the order is available for delivery, we will assume that it is intended to terminate the contract.
As a result of the termination, the amounts will be returned, including delivery costs, with the exclusion of any additional costs deriving from the choice of a delivery method other than the ordinary method offered without undue delay and, in any case, within 30 days from the date of termination of the contract. The transport resulting from the termination of the contract may have additional costs that will be borne by the buyer.
Shipping costs are charged to the buyer and are explicitly highlighted at the time of placing the order.
Art. 8 – Passing of risk
The risks relating to the products will be borne by the buyer from the time of delivery. The ownership of the products is considered acquired as soon as the full payment of all amounts due in relation to them, including shipping costs, is received, or at the time of delivery, if this occurs at a later time.
Art. 9 – Warranty and commercial compliance
The seller is responsible for any manufacturing defect of the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian law.
If the buyer has entered into the contract as a consumer or any natural person who acts on the site for purposes unrelated to any business or professional activity carried out, this warranty is valid provided that the defect occurs within 24 months from the date of delivery of the products, that the buyer makes a formal complaint regarding the defects within a maximum of 8 days from the date on which the defect was recognized by the latter.
In case of non-compliance, the user who has stipulated to the contract as a consumer will have the right to obtain the restoration of conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract in relation to the disputed goods and the consequent refund of the price.
To ascertain compliance, the product must be sent to the seller who must verify that any defects or damage are due to use by the customer that does not comply with the specifications of the item sold.
Any right of the customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and / or things caused by goods purchased from fuzeshapes.com.
Art. 10 – Withdrawal
In accordance with the legal provisions in force, the buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the period of 14 days pursuant to art. 57 of Legislative Decree 206/2005 starting from the date of receipt of the products.
In the case of multiple purchases made by the buyer with a single order and delivered separately, the 30-day term starts from the date of receipt of the last product.
The user who intends to exercise the right of withdrawal must notify the seller by means of an explicit declaration, which can be sent by registered letter with return receipt to the address: Accarino Maurizio Luigi, Viale delle Ginestre, n. 68, 84134 – Salerno (SA).
The buyer must exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014, not mandatory.
The goods must be returned to: Accarino Maurizio Luigi, Viale delle Ginestre, n. 68, 84134 – Salerno (SA).
The goods must be returned intact, in the original packaging, complete in all its parts and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the site will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
The seller is not responsible in any way for damage, theft or loss of goods returned by uninsured shipments. Upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not caused by transport. If the original internal or external packaging is damaged, the seller will deduct from the refund due a percentage equal to 10% of the same, as a contribution to the costs of restoring the goods.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the seller can suspend the refund until receipt of the goods.
The right of withdrawal will not apply in the event that the seller’s services and products are included in the categories of articles 47 and 59 of Legislative Decree 206/2005.
Without prejudice to any repair costs for ascertained damage to the original packaging, the seller will reimburse using the same payment method chosen by the buyer during the purchase. In the case of payment made by bank transfer, and if the user intends to exercise his right of withdrawal, he must provide the bank details: IBAN, SWIFT and BIC necessary for making the refund.
Art. 11 – Data processing
By using the site, the user authorizes the processing of his personal data. This information is also valid for the purposes of Article 13 of EU Regulation no. 2016/679, concerning the protection of individuals with regard to the processing of personal data as well as the free circulation of such data.
The data controller and data processor is Mr. Maurizio Luigi Accarino.
The data will be processed at Viale delle Ginestre, n. 68 – Salerno (SA).
The data is processed in an exclusively electronic form, using IT tools and supports designed to ensure the security and confidentiality of the data. The stored information is protected from unauthorized access.
The data provided by users is processed in relation to purchase orders, payments (which may contain name, address, contact details), IP address, all other data communicated.
The purpose of using such data is the execution of the purchase order and payments, the communication of the data to third party providers of payment and shipping services as well as information contacts about the activities and services of the site, commercial offers from affiliated companies and business partners.
The provision of data and consent to processing for the purposes referred to in the contract or the fulfillment of the order and the related payment is necessary to the conclusion itself as well as to the execution of the contract, therefore the refusal to provide such data or to give consent to its processing results in the impossibility for the user to purchase the products and services offered.
The provision of data and consent to processing for the purposes of commercial communications is optional. However, any refusal to provide such data or to give consent to its processing may result in the impossibility for the user to receive such additional services.
The user always has the right to have his data updated, rectified or integrated, the cancellation, transformation into anonymous form or blocking of data processed in violation of the law including those which do not need to be kept in relation to the purposes. for which the data have been collected or subsequently processed, the attestation that the operations have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which such fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right.
The user has the right to object, in whole or in part, to the processing of personal data concerning him for legitimate reasons, even if pertinent to the purpose of the collection and to the processing of personal data concerning him for the purpose of sending advertising or sales material. direct or for carrying out market research or commercial communication.
The user can also revoke the consent to the processing of their data previously given to the owner at any time.
All rights provided for by EU Regulation 2016/679 can be exercised by the user by writing to the following email: firstname.lastname@example.org
At the first visit, the user will be invited to choose their own language and will offer the possibility to save the language of preference. To this end, the user authorizes the use of the so-called identification codes cookies, i.e. small files sent from your internet server and recordable on the hard drive of the user’s computer.
The hard drive collects information on the user’s language preference and stores the pages of the site visited. Cookies are used in order to prevent the user from receiving the same information repeatedly or in the wrong language, and to adapt the content and presentation of the site to the user’s browser type.
Art. 12 – Safeguard clause
In the event that one of the clauses of these general conditions of sale is null for any reason, this will in no case compromise the validity and compliance with the other provisions contained in these general conditions of sale.
Art. 13 – Contacts
Any request for information can be sent by email to the following address email@example.com.
Art. 14 – Applicable law and competent court
These general conditions of sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing mandatory rule of the buyer’s country of habitual residence. Consequently, the interpretation, execution and termination of the general conditions of sale are subject exclusively to Italian law.
Any disputes relating to and / or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the user qualifies as a consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law, unless otherwise explicitly approved by the customer.
For anything not expressly governed by these conditions of sale, the provisions of the current text of Legislative Decree 206/2005, as applicable, are understood to be referred to. The full text of this decree is available online, by way of example, on the website https://www.gazzettaufficiale.it/dettaglio/codici/consumo .
These conditions were drawn up on 13 October 2021
CONSUMER FORUM EXCEPTION CLAUSE
I declare to accept the election of the Salerno court as the exclusive forum for any dispute that may arise in relation to this order.