Terms of service

Terms and Conditions of Sale

1) SCOPE OF APPLICATION

These General Terms and Conditions of Sale govern the contract for the sale of products entered into remotely between Cometa S.r.l. – hereinafter also referred to as the "Seller" – and the consumer Buyer (hereinafter also referred to as the "Customer") who is of legal age and intends to purchase a product published on the website www.foxydry.com – hereinafter also referred to as "the Website" – for purposes unrelated to their professional activity. The General Terms and Conditions of Sale apply to all transactions concluded between the Seller and the Buyer without the need for explicit reference to them or a specific agreement on each individual transaction. These Conditions form an integral part of all sales contracts for products entered into by Cometa S.r.l., even when orders are placed by phone, verbally, via email, or through other means.

Any modifications to these conditions must be agreed upon in writing between the Seller and the Buyer; otherwise, they will not be considered valid and effective.

By placing an order, the Customer implicitly accepts these terms in their entirety.

The Seller reserves the right to modify or supplement these General Terms and Conditions of Sale at any time, without prior notice, also due to potential regulatory changes. The Buyer will be bound by such modifications only from the moment they are published on the website www.foxydry.com, and such modifications will not have retroactive effect.

These General Terms and Conditions of Sale do not govern the sale of products or services by parties other than the Seller, which may be present on www.foxydry.com through links, banners, or other hypertext connections. Cometa S.r.l. shall not be held responsible for the supply of products or services by third parties other than the Seller or for the conclusion of e-commerce transactions between users of www.foxydry.com and third parties. Should any provision of these General Terms and Conditions of Sale be deemed invalid, null, or unenforceable for any reason, this shall not affect the validity and effectiveness of the remaining provisions.

2) IDENTITY OF THE PROFESSIONAL AND CONTACT INFORMATION

Products purchased on www.foxydry.com are sold directly by:

Cometa S.r.l., with registered office at Via G. Schiratti, 49 – 31053 Pieve di Soligo (TV) – and operational headquarters at Via San Michele No. 3, 31020 – Sernaglia della Battaglia (TV) - REA No. TV 303147 – Tax Code/VAT No. 03845300262, email: info@foxydry.com; Tel.: +39 0438.97.14.12 (Monday to Friday from 9:00 AM to 12:00 PM and from 2:00 PM to 5:00 PM).

3) CONTRACT REGULATIONS

This contract is a distance contract governed by Articles 50 and following of Legislative Decree No. 206 of September 6, 2005 (Consumer Code), Legislative Decree No. 70 of April 9, 2003 (E-commerce Decree), and Legislative Decree No. 21 of February 21, 2014 (Distance and Off-Premises Contracts). The contract concerns the sale of movable goods. Products purchased on the Website www.foxydry.com are sold by:

Cometa S.r.l. – Via G. Schiratti, 49 – 31053 Pieve di Soligo (TV) – REA No. TV 303147 – VAT No. 03845300262.

Customers must be consumers and of legal age.

The contract is concluded directly through the acceptance by Cometa S.r.l. of a purchase proposal sent by the Customer via the Internet or telephone communication, following the offer of products by Cometa S.r.l. through its Website.

4) ORDER MODIFICATION OR CANCELLATION

Orders can be modified or canceled as long as they remain in the CART and before the Customer submits them. After submitting the order, the Buyer may modify or cancel it within 6 hours of receiving the Order confirmation from Cometa S.r.l. by formalizing the request via email at info@foxydry.com or by contacting Customer Service at +39 0438.97.14.12 (Monday to Friday from 9:00 AM to 12:00 PM and from 2:00 PM to 5:00 PM) and following the instructions provided by Cometa S.r.l. staff.

After 6 hours from the confirmation of the order by the Seller, the order will no longer be modifiable or cancellable.

5) PRODUCTS

The essential characteristics of the products are presented on www.foxydry.com within each product description. The images and colors of the products offered for sale may not fully correspond to the actual ones due to Internet browser and monitor settings.

Products come with installation instructions, which form an integral part of the item.

6) PRICES

The sales prices of the products, shipping costs, and payment methods are those indicated on the Website, and all values are expressed in Euros. The Seller reserves the right to modify prices on the Website at any time; however, price changes will not apply to products already ordered by the Customer. Under no circumstances can the Seller be held responsible for any price variations if the order has not yet been submitted to Cometa S.r.l.

Sales prices include VAT, where applicable.

7) SHIPPING COSTS AND PRODUCT DELIVERY

a) Delivery costs: Shipping is free exclusively for products delivered within Italy and EU countries, excluding Malta. For other destinations, applicable shipping costs can be checked by clicking here. Any customs duties or clearance costs are the responsibility of the Buyer.

b) Delivery times: The Website provides estimated product availability and delivery times, but these are purely indicative and not binding for the Seller. Orders are shipped using the best couriers to ensure the fastest delivery service possible.

c) Receiving the goods: The Customer must check the condition of the packaging upon delivery. If the package is visibly damaged or open, the Customer must accept it with reservations, noting "RECEIVED WITH RESERVATION" on the delivery note and specifying the reason. Any complaints must be raised immediately with the courier and subsequently reported to us via email at info@foxydry.com. Otherwise, the product will be considered correctly delivered.

d) Failed delivery or refusal of parcel: If delivery cannot be completed due to reasons attributable to the Customer, including refusal of the parcel, absence of the recipient, failure to collect the parcel, or incorrect/incomplete delivery details provided by the Customer, the parcel may be returned to the Seller. In such cases, any storage costs, return shipping costs, and other charges incurred by the courier or by Cometa S.r.l. shall be borne by the Customer and may be deducted from any refund due.

8) UNAVAILABILITY OF PRODUCTS

If one or more ordered products become unavailable, the Seller will contact the Customer to agree on an alternative solution. If no agreement is reached, the Seller will refund the entire amount paid for the unavailable product(s) using the same payment method used by the Customer.

9) PAYMENT METHODS

The Buyer may purchase through www.foxydry.com using the following payment methods: Credit or Prepaid Card, PayPal, Bank Transfer, Klarna, Scalapay and Multisafepay.

10) RIGHT OF WITHDRAWAL

Under Article 52 of the Consumer Code (Legislative Decree No. 206 of September 6, 2005, and subsequent amendments), the Buyer who is a consumer has the right to withdraw from the contract without penalty and without providing any reason within 30 days from receiving the purchased product.

The right of withdrawal is regulated under the terms and conditions set by law (Legislative Decree 206/2005 and subsequent amendments).

11) LIMITATIONS TO THE RIGHT OF WITHDRAWAL

If multiple products have been purchased in the same order, a partial return is always possible for only one of the purchased products. However, in the case of a partial return, delivery costs—if not included in the shipping price according to Article 7—will not be refunded.

The returned product must be intact and complete with all its parts (original packaging, labels, instructions, and accessories). Please note that, according to Article 57, paragraph 2 of the Consumer Code, the Buyer is responsible for any decrease in the value of the returned goods resulting from improper use and/or use different from what is necessary to ascertain their nature, characteristics, and functioning.

According to Article 59 of the Consumer Code, the right of withdrawal is excluded if the Consumer Buyer has purchased custom-made or personalized products or sealed goods that cannot be returned for health protection or hygiene reasons and have been opened after delivery. Therefore, such products are explicitly excluded from the right of withdrawal and return for hygiene reasons if the sealed package has been opened.

12) EXERCISING THE RIGHT OF WITHDRAWAL

To exercise the right of withdrawal under the Consumer Code within the legally prescribed period, the Buyer must inform the Seller of their intention to withdraw from the contract through an explicit declaration within 14 (fourteen) days from the delivery of the product. To do this, the Buyer may send a communication via email to info@foxydry.com. The withdrawal period is deemed to be respected if the Buyer sends their declaration before the expiration of the 14-day period starting from the day on which the Buyer or a third party designated by them (other than the carrier) takes physical possession of the last purchased item.

Once the return authorization has been received from Cometa S.r.l., the Buyer must return the products to the Seller without delay and in any case no later than 14 (fourteen) days from the date on which they received the return authorization from the Seller. The deadline is considered met if the Buyer provides proof that they have shipped the goods before the 14-day period expires. The goods must be sent to Cometa S.r.l. – C/o Via San Michele 3, 31020 Sernaglia della Battaglia (TV), Italy.

13) RETURN PROCEDURE

Products in respect of which the right of withdrawal has been exercised may be returned by courier or by another shipping method chosen by the Buyer.

If in good condition, the original packaging in which the order was received may be used. In any case, the product must be returned properly packed and complete with all its parts, including, where applicable, labels, accessories, instructions, and any identification tag.

Returned products that are not in the same condition as received, beyond what is necessary to establish their nature, characteristics, and functioning, may be subject to a reduction in the refund amount proportionate to the diminished value of the goods.

If the Customer refuses delivery of the parcel, fails to collect it, or if the parcel is returned to the Seller for reasons attributable to the Customer, such return shall be treated as a return due to withdrawal or change of mind, where applicable. In such cases, all return shipping costs, storage charges, and any other related costs incurred by Cometa S.r.l. shall be borne by the Customer and may be deducted from any refund due.

The direct cost of returning the goods shall be borne by the Buyer, unless otherwise expressly agreed in writing by the Seller.

Within a reasonable time after receipt of the returned goods, the Seller will verify whether the conditions for withdrawal and refund have been met.

If the return is accepted, Cometa S.r.l. will process the refund without undue delay and, in any event, within 14 (fourteen) days from receipt of the returned goods or from proof that the goods have been sent back, whichever occurs first. The refund will be made using the same payment method used for the original transaction, unless otherwise agreed.

Cometa S.r.l. may withhold the reimbursement until the returned goods have been received or until the Buyer has supplied evidence of having sent back the goods, whichever occurs first.

If, after inspection of the returned goods, the Seller finds damage, missing parts, inadequate packaging, or any reduction in value beyond what is necessary to establish the nature, characteristics, and functioning of the product, the Seller shall inform the Buyer by email and may refuse the refund in whole or in part, or deduct the corresponding amount from the refund.

If the right of withdrawal is excluded or cannot be validly exercised, the goods may be returned to the Buyer at the latter’s expense.