Supplier details
The goods and services covered by these general conditions are offered for sale by the company HIRCUS FILATI DI FEDERICO SCATIZZI, with registered office in via Battista Tettamanti, 19a 59100 Prato (PO), VAT number 02285360976, hereinafter referred to as the “SUPPLIER”, mailing address certified electronic mail (PEC) federico.scatizzi@pec.it
Definitions
The term “electronic commerce contract” means the contract concerning goods and services stipulated between the supplier and a customer or a consumer in the context of a sales system or the provision of remote services (therefore without the simultaneous presence of the parties involved), organized by the supplier, who for this contract only uses one or more telematic communication techniques;
The expression “Buyer” means the customer (VAT taxable person) or natural person consumer, as defined by art. 3 of Legislative Decree no. 206/2005;
The term “Supplier” means the subject indicated in the epigraph who transfers goods or provides services.
ARTICLE 1 – Object of the contract
With these general conditions of sale, the SUPPLIER sells and the BUYER remotely purchases the tangible movable property indicated and offered for sale on the website www.passamaneriastock.com.
The aforementioned goods referred to in the preceding point are available on the web page www.passamaneriastock.com, which contains the catalog of the goods offered, contained within the website. The products are depicted and made visible on the site accurately and corresponding to the characteristics actually possessed. However, the Supplier is unable to guarantee the exact correspondence to reality in relation to the images and colors as they appear on the customer’s monitor. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
In the order confirmation e-mail, the BUYER will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/2005
For pre-contractual information for the consumer go to the bottom of this page.
ARTICLE 3 – Conclusion and effectiveness of the contract
The contract between the CONTRACTOR and the BUYER is concluded exclusively via the internet. Once the buyer has accessed the address www.passamaneriastock.com, he will have to carry out the procedures indicated on the site itself in order to formalize his acceptance for the purchase of the goods referred to in the previous art. 1.
The sales contract is concluded by correctly completing the acceptance form and consent to the purchase expressed by completing the form/module attached to the online electronic catalog at www.passamaneriastock.com/it/checkout/cart/ and the subsequent sending of the form itself, always after viewing a printable order summary web page, which shows the details of the originator and of the order, the price of the goods purchased, the shipping costs and any additional accessory modules, payment methods and terms, the address where the goods will be delivered, delivery times and the existence of the right of withdrawal.
When the Supplier receives the acceptance of the order from the Purchaser, he sends a confirmation e-mail, which contains the BUYER’s data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to be able to print and archive a copy of these conditions pursuant to art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
As soon as payment for the goods/service is received, the Supplier will proceed to issue the relevant tax document pursuant to Presidential Decree n. 633/1972 where required by law. In the event that the Purchaser wishes to receive an invoice, he must notify the supplier when completing the order. When completing the order, the Purchaser must provide the data relating to his tax code or VAT number in this regard.
This contract is not considered perfected, therefore ineffective if what is reported in the previous points is missing.
Online sales are attributable to mail order sales with the exemption of issuing the invoice and tax receipt as provided for in article 2, paragraph 1, letter oo), of the Presidential Decree 21 December 1996, no. 696.
If you wish to receive the invoice, the Customer must notify Hircus Filati of the Tax Code, VAT number and SDI code to be used for the invoice heading by entering it in the “notes” space on the order summary page before confirming the purchase or by sending it via email to the address
info@hircusfilati.com indicating the order number.
ARTICLE 4 – Availability of products
The SUPPLIER ensures the processing and fulfillment of orders without delay via the telematic system used. For this purpose, it indicates in real time, in its electronic catalogue, the number of available and unavailable products, as well as the shipping times.
Should an order exceed the quantity existing in the warehouse, the Supplier will inform the buyer via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or less. In case of non-execution of the order by the SUPPLIER, due to the unavailability, even temporary, of the requested good or service, the order will be automatically corrected with the elimination of the unavailable product or products and the BUYER will be immediately informed by e-mail; with this e-mail the customer will be guaranteed a refund within 30 days of sending the order (Article 6 of Legislative Decree No. 185 of 1999).
The Supplier’s computer system confirms the order registration as soon as possible by sending the user a confirmation by e-mail, pursuant to art. 3.
The photographs taken for the products shown on our site were taken with light at 5500k and balanced at 5500k in order to give a 100% optimal photographic starting point on the colors of the same. It is advisable to stick to the name of the color to avoid color incompatibility errors in orders due to the various calibrations of your monitors.
ARTICLE 5 – Methods of payment and reimbursement
Any payment by the BUYER may only be made using the payment methods indicated on the CONTRACTOR’s website at the address www.passamaneriastock.com/home (or the “Payment and shipping” section).
The use of the payment methods indicated does not involve any additional charge for the Purchaser except in the case of “cash on delivery” for which a fee will be required.
Any reimbursement to the BUYER will be credited through one of the methods proposed by the SUPPLIER and chosen by the BUYER, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 7 of this contract, at the latest within 14 days from the day on which the Supplier became aware of the withdrawal. The SUPPLIER may withhold the refund until receipt of the item or until the BUYER has provided proof of having returned it, whichever occurs first.
The communications relating to the payment and the data communicated by the BUYER when this is made take place on special lines protected by an encryption system. The SUPPLIER guarantees the storage of this information with an additional level of security encryption in compliance with the provisions of current legislation on the protection of personal data.
ARTICLE 6 – Prices
All the sales prices of the products indicated on the website www.passamaneriastock.com are expressed in Euros and constitute an offer to the public pursuant to art. 1336 of the civil code
The sales prices referred to in the previous point are inclusive of VAT and any other tax.
Shipping costs and any ancillary charges (for example: customs clearance), if any, although not included in the purchase price, will be indicated and calculated by the SUPPLIER in the purchase procedure before the BUYER sends the order and also contained in the order summary web page.
The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
NOTE: In case of shipment to non-EEC countries it is not possible for us to calculate customs charges as each country has its own legislation on the matter.
ARTICLE 7 – Right of 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 14 days from the date of receipt of the purchased goods.
The BUYER who intends to exercise the right of withdrawal must communicate it to the SUPPLIER by means of an explicit declaration, which can be sent by registered letter with return receipt. at the address Via Battista Tettamanti 19 – 59100 Prato (PO) or by certified e-mail at federico.scatizzi@pec.it.
The BUYER may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 to which can access via this link.
For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by
the return of the purchased good, provided that it is within the same terms. The date of delivery by the post office or to the shipper will be authentic between the parties.
However, to facilitate the withdrawal operation, you can simply write to me at the email address federico@hircusfilati.com asking to return the product for an exchange or a refund.
The return of the goods by the BUYER must take place, without undue delay and, in any case, within 14 days from the date of communication to the SUPPLIER of the withdrawal.
If the returned items show damage or signs of wear resulting from handling that is not necessary to establish their nature, characteristics and functioning, the Supplier may withhold from the refund an amount corresponding to their decrease in value.
As regards the return of the product subject to withdrawal, the SUPPLIER ensures its customers the possibility of using a carrier that has an agreement with the same.
The return shipping costs are borne by the BUYER. The cost of the return shipment will be deducted from the refund value. If the yarn is defective or the item received is incorrect (different from the one purchased), the return costs will be borne by the SUPPLIER and the amount paid will be refunded in full.
The only costs payable by the Consumer for exercising the right of withdrawal are the direct costs of returning the goods to the SUPPLIER.
The SUPPLIER will refund the amount of the products subject to the withdrawal within a maximum period of 14 days from the PURCHASER’s notification of the withdrawal.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the SUPPLIER may suspend the refund until receipt of the goods or until the BUYER demonstrates that he has sent the goods back to the SUPPLIER.
With the receipt of the communication with which the BUYER communicates the exercise of the right of withdrawal, the parties to this contract are released from their reciprocal obligations, except as provided for in the previous points of this article.
ARTICLE 8 – Legal guarantee of conformity and assistance methods
The SUPPLIER is liable for any lack of conformity that occurs within two years of delivery of the goods.
For the purposes of this contract, consumer goods are presumed to comply with it where the following circumstances coexist:
they are suitable for the use for which goods of the same type are normally used;
they conform to the description given by the seller and possess the quality of the goods which the seller has presented to the consumer as a sample or model;
they present the usual quality and performance of goods of the same type, which the consumer can reasonably expect;
they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of conclusion of the contract and which the seller has accepted also for conclusive facts.
The BUYER forfeits all rights if it does not report the lack of conformity to the SUPPLIER within two months from the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
In any case, subject to proof to the contrary, it is presumed that the lack of conformity which occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
In the event of a lack of conformity, the BUYER may request, alternatively and free of charge, under the conditions indicated below, the replacement of the purchased good, a reduction in the purchase price or the termination of this contract, unless the request results objectively impossible to satisfy or it appears that for the SUPPLIER it is excessively burdensome pursuant to art. 130, paragraph 4 of the Consumer Code.
The request must be sent in writing, by email to the address info@hircusfilati.com or by certified email, to the SUPPLIER, who will indicate his willingness to process the request, or the reasons that prevent him from doing so , within seven working days of receipt.
In the same communication, if the SUPPLIER has accepted the BUYER’s request, it must indicate the methods of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
If the repair and replacement are impossible or excessively expensive, or the CONTRACTOR has not provided for the repair or replacement within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the BUYER, these may request, at his choice,
an appropriate price reduction or termination of the contract. In this case, the BUYER must send his request to the CONTRACTOR, who will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within seven working days of receipt.
In the same communication, if the SUPPLIER has accepted the BUYER’s request, he must indicate the proposed price reduction or the methods for returning the defective goods. In such cases it will be the BUYER’s responsibility to indicate the methods for re-crediting the sums previously paid to the CONTRACTOR.
AT THE BEGINNING OF THE PROCESSING, PLEASE CHECK THE FIRST POINTS CAREFULLY AND IN THE EVENT OF IRREGULARITIES, IMMEDIATELY INTERRUPT THE PROCESSING, NOTIFYING NS. TECHNICAL OFFICE. HIRCUS FILATI WILL RECOGNIZE NO MORE THAN 30 GR OF WORKED YARN, AND IN NO EVENT, FINISHED AND MADE-UP GARMENTS.
IN NO EVENT WILL COMPLAINTS OR EXCHANGES OR RETURNS BE ACCEPTED AFTER 30 DAYS. FROM THE ORDER.
ARTICLE 9 – Delivery times and methods
The selected and ordered products will be delivered, without unjustified delay, by express courier to the address indicated by the BUYER at the time of the order no later than 30 days from the date of conclusion of the contract, in the manner indicated on the website at moment of the offer of the good.
In the event that the Supplier is unable to carry out the shipment within the term referred to in point 9.1. timely notice will be given to the Purchaser by e-mail or by telephone if these credentials have been provided during the order phase.
Shipping methods, times and costs are promptly indicated on the Supplier’s website at www.passamaneriastock.com.
Courier type
All our products are shipped via the best couriers in the area.
Shipping costs for Italy:
Purchases up to 70.00 euros – 7.50 euros, shipping with GLS, BRT.
Shipping is FREE for purchases equal to or greater than 70.00 euros (select “free shipping” during the order confirmation procedure, on the order confirmation page).
Shipping is FREE for purchases equal to or greater than 299.00 euros for EU countries .(select “free shipping” during the order confirmation procedure, on the order confirmation page).
NB: Shipping is free only for private customers, it is not free for VAT numbers.
We normally ship in 24/48 hours (working days) barring unforeseen events beyond our control. will, for 3 days a week, on Monday, Wednesday and Thursday. Since the courier receives the goods, it delivers throughout Italy within 24/48 hours. An extra day may be needed for deliveries to Sicily, Sardinia, Calabria and the smaller islands.
The tracking code is sent by email the same day.
You can choose insured shipping (in case of loss of the package or serious damage during transport, the full value of the goods will be refunded to you) which has an additional cost.
(The goods travel at the recipient’s risk, in case of theft, loss of the package, if the buyer has not decided to insure the package, no refund will be paid.)
ATTENTION: You will receive an email from the courier who will notify you of the delivery. Couriers do not call to advise of the delivery, they call only in very exceptional cases and it is only at the discretion of the driver.
With the new GLS Flex Delivery service you will receive an email from which you can choose the day of delivery or you can choose to have the package delivered to a different address or you can also choose to go and collect the package yourself at one of the nearby collection points at your home (it can be a tobacconist, shop or petrol station) among those available.
NB: Do not leave comments relating to the shipment in the “Notes and Comments” form that you find on the order confirmation page because they will not be taken into consideration. The “notes-comments” box is used to send us communications and not to send us delivery instructions. Deliveries at certain times (e.g. “morning delivery”) and deliveries by appointment can unfortunately no longer be made. They have been replaced by the Flex Delivery service I described above.
If an incorrect address is provided or an address where there is no one who can collect the package and the same is placed in “Storage” by the courier and/or returned to the sender, we will notify you via email and you will have 3 working days to collect the package at the courier’s office or the collection point closest to you, if the package is not collected within 3 working days you will be charged for the costs of storage and the costs of returning the package.
The costs of storage amount to 6.00 euros for the opening of the case plus 2.50 euros per day for the period of storage. The cost of returning the package amounts to 9.00 euros. The package will be held by the courier or by Hircus Filati until said costs are paid.
The normal practice of couriers for deliveries is the following:
1. You will receive an email from the courier (Flex Delivery GLS service, see above) on the same day of delivery of the package to the courier who will notify you of the delivery.
2. the courier will come to deliver on the established date and if he doesn’t find anyone, he will bring the package back to his office, leaving a notice in your mailbox or on your doorbell.
3. if on the first attempt he has not found anyone to pick up the package, he will try the delivery again the following day, and if he still doesn’t find anyone, he will leave a notice and bring the package back to his office which will be placed in storage.
4. at that point it will be your concern to contact the courier at his office to arrange a new delivery or collect the package personally. If you do not contact the courier within 3 days, the package will be returned to the sender. If you have chosen to have the package delivered to a collection point, you will take care to collect it as soon as possible.
Shipment tracking
All our shipments on the Italian territory can be monitored to know the status and position of the shipment on the territory. Deliveries will be made by our couriers throughout the day at any time. Delivery by appointment and delivery by 12 noon are no longer carried out, they have been replaced by the aforementioned Flex Delivery Service.
Special: Insured Shipping
Insured shipping must be expressly requested by the buyer before confirming the purchase of the item. It has an additional cost on shipping of € 12.00.
The goods travel at the recipient’s risk, in case of theft, loss of the package, if the buyer has not decided to insure the package, no refund will be paid.
Packing times
Orders received by Friday and orders received on Saturday and Sunday will be shipped on the following Monday, orders received on Monday will be shipped on Tuesday or Wednesday and orders received on Tuesday will be shipped on Thursday of each week. In any case, all orders, unless otherwise communicated directly via email, will be shipped within 3 working days of receipt of payment.
ATTENTION: If you receive the package that is punctured, torn, broken or tampered with (for example with scotch tape of one color on one side and a different color on the other side) ask the driver to “sign with reserve” and check the contents of the package. In any case (even if the content is correct) notify us by email as soon as possible describing the appearance of the package so that we can file a complaint with the courier. In these cases it is very important to ask the driver to “sign with reserve”.
ARTICLE 10 – Limitations of Liability
The SUPPLIER does not assume any responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the time stipulated in the contract.
The SUPPLIER cannot be held responsible towards the BUYER, except in the case of willful misconduct or gross negligence, for disservices or operations connected to the use of the internet beyond its control.
Furthermore, the SUPPLIER will not be liable for damages, losses and costs suffered by the BUYER following the non-performance of the contract for reasons not attributable to it, the BUYER having the right only to the full refund of the price and any other ancillary charges incurred .
The SUPPLIER assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it demonstrates that it has adopted all the possible precautions based on the best knowledge and experience of the moment and on the basis of ordinary diligence.
Under no circumstances can the BUYER be held responsible for delays or misunderstandings in the payment if he proves that he has made the payment within the times and methods indicated by the SUPPLIER.
ARTICLE 11 – Liability for defects, proof of damage and recoverable damages: the Supplier’s obligations
The SUPPLIER is responsible, pursuant to articles 114 et seq. of the Consumer Code, of the damage caused by defects in the goods sold if he fails to inform the injured party, within three months of the request, of the identity or domicile of the producer or of the person who supplied him with the goods.
The request for damages, by the injured party, must be made in writing and must indicate the product, place and date of purchase. It must also contain the offer for viewing the product, if it still exists.
The SUPPLIER cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the moment in which the manufacturer put the product into circulation, it did not allow the product to still be considered defective.
No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it.
In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.
The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
The damage to things referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
It is essential to carry out adequate tests on a sample before continuing with the processing. We do not accept complaints about products processed without having carried out adequate preventive tests.
ARTICLE 12 – Obligations of the Purchaser
The BUYER undertakes to pay the price of the goods purchased within the times and in the manner established in the contract.
Once the online purchase procedure has been completed, the BUYER undertakes to print and keep this contract if he deems it necessary.
The information contained in this contract has, however, already been viewed and accepted by the BUYER, who acknowledges it, as this step is made mandatory before the purchase confirmation.
ARTICLE 13 – Reasons for termination
The obligations referred to in point 12, assumed by the BUYER, as well as the guarantee of successful payment of the payment that the BUYER makes with the means referred to in art. 4, and also the SUPPLIER’s obligations pursuant to art. 9, are essential, so that by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.
ARTICLE 14 – Privacy Policy
With regard to the privacy information, refer to the Privacy Policy.
ARTICLE 15 – Cookies
The website www.passamaneriastock.com uses “cookies”. For further information on the types of cookies and their methods of use, please refer to the Cookie Policy
ARTICLE 16 – Filing methods
The CONTRACTOR informs the BUYER that this agreement may be printed or archived on the BUYER’s own devices.
Pursuant to art. 12 of Legislative Decree 70/2003, the SUPPLIER informs the BUYER that each order sent is stored in digital/paper form on the server/at the Supplier’s headquarters, according to confidentiality and security criteria.
ARTICLE 17 – Communications and complaints
Written communications directed to the SUPPLIER and any complaints will be considered valid only if sent to the following address Via dei Gerani, 9 – 59100 Prato (PO), or sent by email to the following address federico.scatizzi@pec.it. The BUYER indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes communications from the CONTRACTOR to be sent.
ARTICLE 18 – Applicable law and competent court
All disputes arising from this contract will be devolved to an attempt at conciliation with the mediation body of the Chamber of Commerce of Prato and resolved according to the conciliation regulation adopted by them. Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the Consumer, if located in the territory of the State.
PRE-CONTRACTUAL CONSUMER INFORMATION
HIRCUS FILATI BY FEDERICO SCATIZZI
Before concluding the purchase contract, the BUYER examines the characteristics of the goods which are illustrated in the individual product sheets at the time of the choice by the BUYER.
Before validating the order with “payment obligation”, the BUYER is informed about:
– the total price of the goods including taxes, with details of shipping costs and any other costs;
– the payment methods; at the deadline within which HIRCUS FILATI undertakes to deliver the goods;
– the conditions, terms and procedures for exercising the right of withdrawal (art. 7 General Contract Conditions) as well as the withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
– to the information that the BUYER will have to bear the cost of returning the goods in case of withdrawal;
– the existence of the legal guarantee of conformity for the purchased goods.
