Premises
Company MAGLIFICIO FRAGI S.P.A. with registered office in Corso Sempione, 196 – 21052 Busto Arsizio (VA) C.F and P.IVA 00180580128 tel. +39 0331 680133, e-mail @infofragi.it (hereinafter reselled to as the “seller”) sells men’s underwear.
The seller, alongside with its network of directly operated store, makes available for distance selling some products from its network of manufacturers (hereinafter also referred as the “Products”) through the website (hereinafter also referred as “the Site”).
These General Conditions of Sale apply to all sales of Products concluded remotely through the Site and regulate distance selling in accordance with and in compliance with the applicable national and European regulations, including Legislative Decree no. 206/2005 and subsequent amendments (hereinafter, the “Consumer Code”) and European Directive no. 2011/83 EU on Consumer Rights.
- Scope of application
1.1 These general Terms and Conditions of Sale govern the offer and sale, through the Website, of the Products available on the website.
1.2 These Conditions of Sale may be modified by the Seller at any time. Any changes will be effective upon thier publication on the Site in the “General Conditions of Sale” section, located in the footer of the Site’s homepage. Customers are therefore invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase. The applicable Conditions of Sale are those in force on the date the Customer submits the Product Purchase Order.
1.3 Before purchasing Products thorugh the site, the Customer is required to carefully read these General Contitions of Sale, made available in the “Conditions of Sale” section of the site.
1.4 It is understood that placing a purchase order through the Site implies full and absolute knowledge of these General Conditions of Sale and their full acceptance.
1.5 These General Conditions of Sale do not regulate the sale of Products by parties other than the seller, even if they are present on the Site via links, banners, or other hypertext links. Therefore, the Customer is invited to verify the general conditions of sale applied by those parties before placing any orders and/or purchasing products and services from parties other than the Seller. The Seller cannot be held responsible in any way for the supply of goods or services by third parties.
1.6 If the person purchasing Products on the Site request an invoice and/or is not a “consumer” as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the withdrawl provisions set forth in Article 8 of these General Conditions will not apply, nor, more generally, the provisions that apply only to “consumers” pursuant to the Consumer Code.
1.7 For information regarding the processing of Customers’ personal data, please refer to the contents of the Privacy Policy https://fragi.it/privacy-policy/
- Information aimed at the conclusion of the Contract
2.1 The seller informs the Customer that:
– To complete the purchase contract for one more Products on the Site, the Customer must place a Purchase Order for the Products by completing an electronic order form and sending it electronically to the Seller, following the instructions on the Site;
– The contract is concluded when the user receives the Purchase Order confirmation email from the Seller at the email address provided; along with this confirmation, the Customer is sent a complete summary of the purchase made and a link to access these accepted General Conditions of Sale;
– Before submitting the Purchase Order, the user can identify and correct any data entry errors by following the instructions on the site at the various stages of the purchase process;
– The registration credentials (email address and password) must be used exclusively by the Customer and cannot be transferred to third parties. The Customer undertakes to keep them confidential and to esnure that no third party has access to them.
2.2 By placing an Order, the Customer accepts and undertakes to comply, in their dealing with the Seller, with these General Conditions of Sale and the additional information contained on the Site, including the Privacy Policy, which may be accessed via links and stored permanently.
2.3 In any case, the Seller reserves the right to assess the acceptance of Orders received to refuse Purchase orders that are incomplete or incorrect, or in the event of Product unavailability.
- Registration on the Site and Purchase Order for Products
3.1 Purchased orders may be placed directly through the Site only by persons of legal age and not under legal incapacity.
3.2 Customers wishing to place Product Purchase Orders may register on the Site and enter the required information. Products may only be purchased by persons registered on the site. In any case, it is necessary to provide the Seller with a valid email address, to which all mandatory information, as well as communications required by these general Conditions of Sale or otherwise relating to the Product Purchase Order, will be forwarded to the Customer.
3.3 The description of the characteristics of the Products that can be purchased (hereinafter also called “Product Sheet”) together with one or more photographic images that allow for a correct representation of the Products, is present on the Site, in the Purchase Order and in the Order confirmation sent to the Customer at the end of the purchase procedure.
3.4 The images and descriptions in each Product Sheet reproduce the characteristics of the Products as faithfully as possible but should be considered indicative. For the purposes of the purchase contract, the descriptions of the Product Sheets contained in the Purchase Order for the Products sent by the Customer will be authorative.
3.5 To view the selected Products and their total price, click on the shopping cart icon. The Customer is requested to verify the accuracy of the contents of the shopping cart before confirming the purchase order for the Products by entering the required data and following the instructions provided on the corresponding page of the Site, as well as confirming that they have read and accepted these General Conditions.
3.6 The customer has the right to make changes or correct any erros before seinding the Purchase Order to the Seller by following the instructions contained on the Site.
- Product Prices
4.1 All products prices published on the Site are expresed in Euros and include VAT. Shipping costs are specifically indicated in the “Shipping” section, in the Purchase Order, and in the Order confirmation email sent to the Customer.
4.2 The Seller reserves the right to change the price of the Products at any time. It is understood that the price of the Product charged to the Customer will be that indicated in the Purchase Order, and that any changes (increases or decreases) subsequent to the transmission of the Order itself will not be taken into account.
4.3 In the event that a Product is offered on the Site at a discounted price, the full reference price on which the discount is calculated and what this full reference price corresponds to will be indicated on the Site.
- Minimum information content
5.1 Following the article 6 of Legislative Decree 206 of 2005 (Consumer Code), products or product packaging intended for consumers and marketed within the national territory must display, clearly visible and legible, at least the following information:
- To the legal or product name of the product;
- To the name or business name or trademark and registered office of the manufacturer or of an importer established in the European Union;
- To the country of origin if located outside the European Union;
- The possible presence of materials or substances that may cause harm to humans, things or environment;
- To the materials used and the manufacturing methods where these are decisive for the quality or products characteristics of the product;
- To the instructions, any precautions and intended use, where useful for the use and safety of the product..
- Payment and billing methods
6.1 Payment by the Customer can be made in Euros by credit card (including prepaid card), via PayPal or bank transfer.
Sensitive credit card data (card number, cardholder name, expiration date, security code) is encrypted and transmitted to the payment processor. The Seller therefore never has access to or stores the credit card data used by the Customer to pay for the Products, even if the Customer saves the credit cards, except for the cardholder’s information.
6.2 If the customer wishes to receive an invoice for the products received, he or she is asked to indicate this in the “notes” section during the order confirmation phase, specifying ALL the necesary billing information including VAT number/Unique Code or Tax Code.
6.2 The same will be sent via email to the registration address.
- Delivery of Products
7.1 Following the sending of the order confirmation email, a second email is sent informing the Customer that the goods have been shipped.
7.2 For any information regarding delivery, the Customer can contact the Seller’s Customer Service, whose contact details are indicated in this contract.
7.3
7.4 The delivery costs indicated in the “shipping” section are the responsibility of the Customer. The amount of the delivery costs owed by the Customer in relation to a specific Purchase Order is expressly and separately indicated (in euros and inclusive VAT) on the Site during the purchase process, in the Order, and in the Order confirmation email. For purchases over €50,00, delivery costs are free.
7.5 During the purchase process, before the Customer sends the Purchase Order for the Products, the terms within which the Seller undertakes to deliver the Products covered by the Order will be highlighted on the Site, taking into account, in addition to the area and delivery method, also the possibility that the Customer purchases multiple Products with the same Order.
7.6 Delivery of the purchased Products takes place at the address indicated by the Customer in his Purchase Order.
7.7 Shipments are made by express courier “SDA”, “BRT” or “GLS” at a rate (Italy) of €6,90.
7.8 Delivery of the goods will take approximately 2-3 days from receipt of the order, except for islands or remote ares, where approximately 3-4 days will be required.
7.9 Orders placed on public holidays will be processed on the following working day.
7.10 In the event of delivery to the address indicated by the Customer in the Purchase Order, the Products purchased on the Site will be sent and delivered via the courier indicated on the Site to the postal address indicated by the Customer, according to the costs and terms indicated on the site during the purchase process, before the user proceeds with the transmission of the Order.
7.11 If the recipient is absent, the courier will leave a notice during the first delivery and make a second delivery the following day. If the recipient is absent during the second delivery, the goods will be placed in storage.
7.12 In the event that the goods enter storage, the customer can collect the goods from the courier’s office within 5 days. After 5 days, the goods will be returned to the Seller, and return shipment costs will be paid by the Customer.
7.13 For any information regarding stock, you can contact us by telephone on 0331.680133.
- Conformity of the delivered Products
8.1 It is the Customer’s responsibility to verify the condition of the Products delivered. The customer assumes the risk of non-delivery or damage to the ordered products, for reasons not attributable to the Seller, only when the Customer, or a third party designated by the Customer and other than the carriier, physically tales possession of such products.
8.2 Customers are advised to check the condition of the Products received and ensure that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials. Customers are also advised, in their own interest, to indicate any anomalies on the carrier’s shipping document and accept the package with reservations. If the packaging shows obvious signs of tampering or alteration, Customers are also advised to promptly notify Customer Service. In any case, the legal guarantee of conformity and, where applicable, the provisions regarding the right of withdrawl remain unaffected.
8.3 In the event that the Products is damaged, any damage must be immediately reported to the courier making the delivery, by marking “received with reservation” on the courier’s receipt. For each declaration, the customer assumes full responsibility for the information declared, and once the courier’s document has been signed, the Customer may not raise any objections regarding the external characteristics of the delivered goods. Any complaints must be forwarded to the Seller’s Customer Service. No products may be returned without our authorization. Authorized returns must be accompanied by the transport document indicating the order number and date placed.
8.4 In any case, upon delivery, the Products must be inspected by the Customer to ensure that the correspond to the items ordered and that they do not present any manufacturing defects or conformity. In addition to any specific guarantees provided to the Customer with the delivered Product, the legal guarantees provided by Italian law also apply to the sale of Products purchased on the Site.
8.5 In the event of non-conformity of the delivered Product with the Order placed, the Customer may return it as described in Article 9 below and is entitled to a replacement. In cases where the replacement of the purchased Product is not carried out within a reasonable timeframe following the Customer’s request, or is impossible or excessively costly, or has caused significant damage to the Customer, the Customer may request an appropriate price reduction or termination of the Contract. It is understood that the Customer forfeits this right if he or she fails to report the lack of conformity to the Seller within 2 (two) months of discovering the defect, unless the Product is perishable by its nature or subject to a shorter expiration date, in which case the defect must be reported within this shorter timeframe.
8.6 The Customer’s request for replacement of the Products must be communicated to the Seller by contacting Customer Service at 0331.680133 or by sending a declaration by registered mail to the following address: Corso Sempione, 196 – 21052 Busto Arsizio (VA); in any case, this declaration must be sent in advance by email to the address: in**@***gi.it.
8.7 Maglifico Fragi is responsible for transport and will seek compensation from the courier in the event of damage to the product during transport.
- Withdrawal, return and refunds
9.1 If the Customer is a consumer, he or shemay exercise the right of withdrawl form available on the website, pursuant to Articles 52 et seq. Of Legislative Decree no. 205/2006 (Consumer Code) within fourteen days from the day on which the consumer or a third part other than the carrier and designated by the consumer acquires physical possession of the goods, or, in the case of multiple goods ordered by the consumer in a single order and delivered separately, from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires physical possession of the last good.
9.2 The right of withdrawl is excluded for the following categories of Products (art. 59 Legislative Decree 205/2006):
– goods made to measure of clearly personalized;
– goods liable to deteriorate or expire rapidly;
– sealed goods that are not suitable for return for hygiene or health protection reasons and were opened after delivery;
– goods which, after delivery, are, by their nature, inseparably mixed with other goods.
9.3 The right of withdrawl must be exercised by the Customer withing 14 (fourteen) days from the date of delivery of the products to the Customer.
9.4 In order to exercise the right of withdrawl, the Customer must send a written communication to this effect by email to the address: in**@***gi.it or by registered letter with return receipt to our address Corso Sempione, 196 – 21052 Busto Arsizio (VA) with inside the following:
– the expression of intent to make the return;
– the date and order number and the items you wish to return.
MAGLIFICIO FRAGI SPA will refund the above amount within 5 working days of receiving the goods. The refund will be made using the same payment method used by the customer or, upon request, by bank transfer.
9.5 For the withdrawal or return to be accepted by the Seller, the Products must be returned within 14 (fourteen) days from the date on which the Customer communicated to the Seller their intention to withdraw from the purchase or return the goods by sending the withdrawl form and in compliance with all the conditions set out below:
– Products must be returned complete with all original packaging (boxes, accessories, tags, protective covers, etc.);
– Products must be accompanied by the purchase recepit;
– Products returned by the Customer must not have been opened, used, or damaged, but may have been handled and inspected to determine their nature and characteristics;
– Any damaged Products being returned must be returned as received by the Customer, without the Customer subjecting them to modifications, manipulation, or attempted repairs.
9.6 Return shipping costs are entirely the responsibility of the Customer. The Seller therefore recommends insured shipping, as the return journey is the Customer’s sole responsibility. If the goods are damaged during transport, the Seller will notify the Customer of the incident (within the working day following receipt of the goods at its warehouse), allowing the Customer to promptly file a complaint with the courier of their choice and obtain a refund for the value of the goods (if insured). In this case, the product will be returned, with shipping costs paid by the Customer, simultaneously canceling the withdrawal request. The seller is not liable in any way for damage or the fit/loss of goods returned via uninsured shipments. Furthermore, if the returned goods are in any way tested/used, even if only in a very small precentage, they will be weighed to verify their integrity. If any part of the returned goods is missing, the Customer will be responsible for the full cost of the products. Equipment must be new as shipped.
- Limitation of liability
10.1 Except in cases of willful misconduct or gross neglicence, the Seller shall not be liable in any way to the Customer for any direct or indirect damages that may arise from the purchase of Products offered for sale on the Site.
10.2 The seller also declines any contractual or extra-contractual liability for direct or indirect damages caused by the failure to accept or process, even partially, an Order.
- Privacy
11.1 The customer can always obtain information on how the Seller processes his personal data by accessing the Privacy Policy.
