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General Terms and Conditions of sale

These General Terms and Conditions of Sale govern the offering and sale of all products offered for sale on the website www.foxydry.com (hereinafter referred to as the “Website”). The Customer agrees to carefully read these General Terms and Conditions of Sale before placing an order.
Should you have any queries or wish further information, please do not hesitate to contact us by sending an email to info@foxydry.com or calling us on +39.0438.97.14.12 Monday to Friday from 9am to 12am and from 2pm to 5pm.

THE AGREEMENT

Seller, Buyer, Definition and Subject-matter of the Agreement

This Agreement is a distance contract governed by Articles 50 et seq. of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), by Legislative Decree No. 70 of 9 April 2003 (Electronic Commerce Act), as well as by Legislative Decree No. 21 of 21 February 2014 (Distance and Off-Premises Contracts). The subject-matter of this Agreement is the sale of movable goods.
The products purchased on the website www.foxydry.com  are sold by:  Cometa srl – via G. Schiratti, 49 – 31053 Pieve di Soligo (TV), Italy –  REA (Italian Economic and Administrative Index) No.: TV 303147 – VAT No. IT03845300262. Customers are consumers.
This Agreement is concluded directly through the acceptance by Cometa srl of a purchase proposal submitted by the Customer over the Internet or by telephone, following the offer of products by Cometa srl on the Website. The Customer purchases the product after having reviewed all photos and read the product description on the Website.

PRICES

All prices shown on our Website are inclusive of VAT and exclusive of Delivery Charges. Delivery Charges are quoted separately. Cometa srl reserves the right to change the prices and/or the General Terms and Conditions of Sale at any time and at its sole discretion but will notify the Customer of such changes.

PAYMENT

The Customer can choose among the following payment methods:
1.     PayPal and Credit card / prepaid card via PayPal.
2. Bank transfer paid in advance to our bank account, IBAN no. IT10Q0585661920103571167592, account name: Cometa srl, within 5 working days of the date of our order confirmation, otherwise the order will be cancelled. The Customer is required to specify the order number in the space provided under “reason for payment”.

DELIVERY INFORMATION

Delivery Times – All orders are dispatched using a Courier Delivery Service. If payment is made by credit card (Paypal), the item(s) will be packed and dispatched to the Customer within 1 to 2 working days after the order has been placed. In case of advance payment by bank transfer, the item(s) will be packed and dispatched to the Customer within 1 to 2 working days after receipt of payment. Delivery times include these initial 1 to 2 days plus the time it will take the Courier to deliver the parcel to the Customer. Orders are generally delivered by the Courier within 5 working days after collection (islands and remote locations may require additional delivery days). Cometa srl shall not be liable for any delay in delivery caused by the Courier or due to circumstances outside its control. Any delay in delivery will not entitle the Customer to receive a refund. Cometa srl will nonetheless do its best to ensure that all orders are delivered within a reasonable time frame.

Delivery Methods – We will notify the Customer by email or phone as soon as the order is dispatched. In the next few days after the order is dispatched, the Customer or a designated person must be available to accept the delivery at the place specified in the purchase order.
In the event that the delivery cannot be made due to the absence of the recipient at the address specified by the Customer, the Courier will leave a notice (delivery card). We recommend that the Customer contact the Courier as soon as possible by calling the number specified on the notice to make the necessary arrangement for collection or delivery on an alternative day.
The parcel will be made available at the premises specified by the Courier for a limited number of days after the delivery attempt. After five (5) working days, the parcel will be taken to the Courier’s depot and stored there. Any and all costs associated with the storage service, the delivery of the parcel and the return of the parcel to the sender shall be borne by the Customer.

Receipt of the goods – In order to be able to provide an increasingly fast and efficient service, we kindly ask all of our Customers to carefully check the package for damage at the time of delivery.
If the package is clearly damaged or opened, the Customer shall accept it with reserve, by signing as “RECEIVED WITH RESERVE” on the delivery note, clearly stating the reason of such reserve (i.e. the package was damaged, opened, tampered with, etc.). Any issues must be immediately reported to the Courier and then promptly notified to us by e-mail (info@foxydry.com), otherwise the item will be considered duly delivered.
The receipt and the invoice, if any, specifically requested by the Customer at the time of ordering will be delivered to the Customer by e-mail and are to be stored as valid documents to support any warranty claims.

DELIVERY CHARGES

Delivery charges vary according to the location of the address to which delivery is to be made. Cometa srl will notify such charges to the Customer at the time of order.

WARRANTY

The receipt and the invoice, if any, are to be stored as valid documents to support any warranty claims. Our warranty covers any material and manufacturing defects that couldn’t have been identified by inspection of the goods at the time of purchase, pursuant to the European standards and regulations, and is limited to mechanical parts only and is valid for all Foxydry products. The engine warranty covers any damages or material and manufacturing defects for a period of 24 months from the date of the delivery receipt. Cometa S.r.l. IS NOT RESPONSIBLE for any damages that may result from the improper use of its products or for any damages caused by third parties. The warranty covers all Foxydry products subject to the conditions described below, not the context in which such products are operated.
The warranty shall be automatically terminated and become null and void in the following circumstances:
–    Malfunctioning caused by incorrect assembly of the products by the Customer;
–    Malfunctioning caused by incorrect installation of the products by the Customer or by third parties;
–    Failure of the power-operated systems caused by incorrect electrical connections;
–    Any alteration of the electrical or mechanical parts;
–    Installation not in accordance with product specifications;
–    Any damage incurred during transport;
–    Use of third party equipment not suitable for the product;
–    Installation by untrained or non-qualified personnel.
We shall not accept any returns from the Customer, except with our prior written consent. If a product fails to function properly during the warranty period, Cometa srl shall replace or repair, at its sole discretion, the defective product free of charge. All repairs or replacements covered by this warranty will be performed only at our premises. The Customer shall pack carefully and ship the defective product, along with a copy of the relevant receipt or invoice, to: Cometa srl c/o via Roma, 90 – 31050 Miane (TV), Italy. Products returned in poor, damaged or inadequate packaging will not be accepted.

RIGHT OF WITHDRAWAL

Pursuant to and for the purposes of Articles 64 et seq. of Legislative Decree No. 206/05, Customers can exercise their right of withdrawal without penalty and without providing any reason. In order to exercise their right of withdrawal, Customers shall send a notice by registered letter with acknowledgement of receipt to Cometa S.r.l. via G. Schiratti, 49 – 31053 Pieve di Soligo (TV), Italy, within 14 days of receipt of the Product. At the same time, the Customer shall return the product, using a courier service of its choice, to Cometa Srl – C/o Via Roma, 90 – 31050 Miane (TV), Italy – securely packed in its original packaging, including a copy of the above-mentioned notice sent by registered letter. Such notice can be sent, by the same deadline, also by telegram, email or fax, provided that it is confirmed by registered letter with acknowledgement of receipt within the next 48 hours. After checking the integrity of the returned product, Cometa srl shall refund the entire purchase price of the order minus shipping charges. The refund will be made by the same payment method originally used to place the order within 14 working days of receipt at our office located in Via Roma, 90 Miane (TV), Italy.
If Cometa srl determines that the returned product is not intact and undamaged, i.e. the original packaging (the outer packaging and/or the wrapper containing the product) is missing, any integral parts or components are missing or the product is damaged, the right of withdrawal is null and void. If the right of withdrawal becomes null and void, Cometa srl shall return the product to the sender and the latter shall be responsible for the return delivery charges.

JURISDICTION

Any disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the Court of Treviso.

IMPORTANT NOTE: ANY REPRODUCTION, EVEN PARTIAL, OF TEXTS OR DRAWINGS IS STRICTLY PROHIBITED. ANY OFFENDER SHALL BE PROSECUTED AND PUNISHED ACCORDING TO THE LAW.



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