Conditions of Sale

General conditions of online sales Fortuna Italia srl.

General provisions and sales policies
These general terms and conditions of sale (hereinafter “Terms and Conditions”) govern all sales of products (hereinafter “Products” or individually “Product”) by Fortuna Italia srl, with registered office in Viale Della Libertà 45 – 74015 Martina Franca, CF and VAT number 03242620734 Share capital equal to Euro 2,500.00, fully paid up (hereinafter “Fortuna Italia srl”) or of third parties (hereinafter “Partner”), as better specified in the following article 1.2 ., concluded remotely on the website www.fortunaitaliastore.com (hereinafter the “Site”).

1.2 If the Products for sale on the Site are sold by Partners, the Customer (as defined below) will be duly informed through specific indications contained in the detail page of each individual Product (hereinafter "Product Page") and the Site itself will act as mere "virtual showcase" for the purposes of the sale of Products by Partners. The Order (as defined below) is subject to the Terms and Conditions, also adopted by the Partners, as well as, for the Partners' Products, to the additional specific sales conditions applied by each Partner present on the Product Page (hereinafter "Terms and Conditions Partner's specials"). The Products of each Partner are sold directly by the Partner; Fortuna Italia srl will in no way be a contractual party to this sales contract between the Partner and the Customer and therefore cannot consequently be held responsible, in any capacity and for any reason, in relation to any non-compliance by the Partner and with respect to any negative consequences that may arise for the Customer from such failures.

1.3 The online sales service on the Site is reserved exclusively for consumers. By "consumers" we mean natural persons, over 18 (eighteen) years of age, who act for purposes unrelated to their commercial, entrepreneurial, artisanal or professional activity (defined as "Customers" or individually as "Customer"). Therefore, by expressly accepting the Terms and Conditions, the Customer declares to purchase the Products for purposes other than the aforementioned purposes.

1.4. In consideration of its commercial policy, Fortuna Italia srl reserves the right not to process Orders from parties other than the Customer or in any case orders that do not comply with its commercial policy.

1.5 The language used for the conclusion of the Contracts (as defined below) is Italian or English depending on the Customer's preference.

1.6. Customers are required to carefully read the Terms and Conditions, available on the Site, in order to become aware of them before purchasing. You may archive each Order Request (as defined below) and download the Terms and Conditions using the relevant browser command. Fortuna Italia srl, in any case, will send the Customer a copy of the Order with all the necessary information, also via e-mail. Documents can easily be printed or saved using the functions made available by common email programs.

2. Products and availability

2.1. All information relating to the Products is available on the Site, together with their price.

2.2. Fortuna Italia srl and its Partners do not guarantee the Customer that the Products available on the Site are present in Fortuna Italia srl stores.

2.3 The graphic representation of the Products displayed on the Site may differ from reality; the Customer must therefore rely on the description of the Product and its characteristics reported on the Product Page. In the case of Products sold by Partners, Fortuna Italia srl cannot be held responsible for the truthfulness of the information relating to the Partners' Products.

2.4. Fortuna Italia srl and the Partners reserve the right to limit, at any time, the quantity and/or type of Products that can be purchased on the Site. The style, models, characteristics and colors of the Products described on the Site may be modified without notice. During the purchase procedure, if a Product is no longer available, the Customer will be notified via an automatic message. Fortuna Italia srl cannot under any circumstances be held liable towards the Customer due to the unavailability of a Product.

2.5. Fortuna Italia srl is in no case responsible for any errors resulting from the failure of the Customer's internet connection to the Site.

3. Price of the Products

3.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs, specified on the page of the Site containing the delivery methods, must be added to the price of the Products.

3.2. Fortuna Italia srl and Partners constantly verify the accuracy of the prices of the Products indicated on the Site; however, the absence of errors cannot be guaranteed. In the event that an error is found in the indication of the price of a Product, Fortuna Italia srl will reject the Order and offer the Customer the opportunity to purchase the Product at the correct price.

3.3. The promotions indicated on the Site will be applicable to the Product only where expressly specified for the same on the Product Page.

4. Conclusion of the Contract

4.1. At the time of Checkout the site will request the necessary information to proceed with placing the order, it will automatically send a registration confirmation email containing the password, which can subsequently be changed by the customer at any time.

4.2. The Site reports the essential characteristics and price of each Product. The information on the Site does not constitute an offer by Fortuna Italia srl or the Partner.

4.3. Before sending a purchase proposal via the Site (defined as "Order Request"), the Customer is required to carefully read all the instructions provided during the purchase procedure (also regarding delivery costs and the conditions for exercise of the right of withdrawal), as well as the Privacy Policy and the Terms and Conditions.

4.4. The transmission of the Order Request constitutes a purchase proposal from the Customer relating to the selected Product, governed by these Terms and Conditions and possibly by the Partner's special Terms and Conditions, and is binding for the Customer, without prejudice to the right of withdrawal provided for in Article 9. The transmission of the Order Request by the Customer entails the latter's obligation to pay the price of the Product and shipping costs, if applicable.

4.5. Before forwarding the Order Request, the Customer has the possibility to make any corrections and/or changes to the data entered by following the specific procedure indicated on the Site; by way of example and not exhaustively, the Customer has the right to change the quantity of the Products he intends to purchase by adding or eliminating one or more Products from the shopping cart (hereinafter "Shopping Bag").

4.6. To purchase a Product, the Customer must (i) insert the selected Product into the Shopping Bag by clicking on the appropriate icon, (ii) fill in the Order Request, (iii) select the payment and delivery method, (iv) accept the Terms and Conditions and declare that you have read the Privacy Policy, (v) transmit the Order Request via the Site.

4.7. Once the Order Request has been submitted, the Customer will receive an automatic message confirming receipt of the Order Request. Only when the Customer receives confirmation of acceptance of the Order Request (hereinafter "Order Confirmation") is the purchase order between the Customer and Fortuna Italia srl or the Partner considered formalized (defined as "Order ” or in the plural “Orders”) and therefore concluded the relevant contract for the sale of the Products (defined as “Contract” or in the plural “Contracts”). The acceptance (or rejection) by Fortuna Italia srl or the Partner of the Order Request will be sent to the Customer at the e-mail address indicated by the Customer in the Order Request itself.

4.8. In compliance with the provisions of article 51, paragraph 7 of the Consumer Code, as well as article 13 of the E-commerce Decree (as defined below), the Customer will receive a copy of the Order containing a summary of the characteristics essential elements of the Products purchased, the detailed indication of the price and payment methods, information relating to delivery costs and the conditions and methods of exercising the right of withdrawal.

4.9. Fortuna Italia srl or the Partner may refuse an Order Request, or if already formalised, cancel the Order in the following cases:

4.10. In case of unavailability of one or more Products ordered, the Customer will be notified by e-mail. In this case the Order Request is rejected or accepted limited to the available Products. In case of partial acceptance, the Customer is required to pay only the price relating to the available Products; if payment is made by credit card, the Customer will only be charged the amount corresponding to the available Products, in addition to any shipping costs, where applicable.

5. Payment method - invoice

5.1. The Customer may pay the price of the Products and any shipping costs using the payment methods made available to the Customer on the summary and payment page of the Site.

5.2. The payment methods must be selected before transmitting the Order Request, they may vary depending on whether the purchase of Products is from Fortuna Italia srl or from; Partner and it is not possible to modify them in any way once the Order Request has been sent.

5.3. In the event that the Customer needs to receive an invoice, the Customer must select the appropriate option on the Site and provide the requested data before transmitting the Order Request. The data for issuing the invoice must be those entered by the Customer in the billing address field. No changes to the invoice are permitted after its issuance. The Customer who does not have an SDI code for electronic invoicing purposes will receive the invoices in electronic format via e-mail.

5.4. In the event that the Customer selects the payment on delivery method, this method will not entail any additional expense for the Customer. However, at the time of delivery of the Product the Customer must have the exact sum of the Order in cash, as the Courier (as defined below) will not provide any change.

5.5. The Customer will not be able to select the payment method on delivery if the price of the Products indicated in each Order exceeds the limit of Euro 1,999.99, or the different limit indicated by the chosen Courier.

5.6. Fortuna Italia srl accepts payments made using the following credit cards: Visa; MasterCard, American Express.

5.7. The transactions will be charged to the Customer's credit card only after:

5.8. No charge will be made to the credit card at the time of transmission of the Order Request, except for the temporary charge that may be necessary to verify the validity of the credit card. It is understood that, with the Order Confirmation, this temporary charge will be canceled and replaced by the charge corresponding to the amount owed by the Customer. The temporary charge will also be canceled in the event of rejection of the Order Request.

5.9. In the event that the Customer selects the credit card payment method, the Customer will be directed to the payment provider's page for processing the payment and must follow the instructions provided by them.

5.10. All payments can only be made in Euro currency and therefore the Customer acknowledges and accepts that the increases on the exchange rate and the conversion commissions established by the international circuits remain the sole responsibility of the Customer.

6. Confirmation of shipment and delivery

6.1. Fortuna Italia srl will send the Customer the Order Confirmation email pursuant to article 4.6. which will also contain a confirmation of shipment of the Products to the address indicated by the Customer, as well as a subsequent e-mail confirming their delivery. With reference to Partner Products, the Customer will only receive the Order Confirmation email also containing confirmation of shipment to the address indicated by the Customer.

6.2. A link will be indicated in the Order Confirmation and shipment confirmation email, by clicking on which it will be possible to follow the status of the shipment. The Customer is required to regularly use the link in question in order to be updated in real time on any possible changes in delivery. Furthermore, the Customer will be able to access the "My Orders" section of his account to check the status of the shipment.

6.3. In the case of Orders consisting of two or more Products, to speed up delivery, separate shipments may also be arranged.

6.4. In the case of Orders consisting of two or more Products delivered in separate shipments, if the Customer has chosen the payment on delivery method, each shipment will contain a receipt and the Customer will have to pay separately for each delivery only the fee for the goods being delivered .

6.5. In the case of purchasing Partner Products, shipping to the Customer may be managed by Fortuna Italia srl or by the Partner depending on the agreements made between them. The Customer will be informed in advance about who will manage the shipment of the Partner Products directly on the relevant Product Page.

6.6. After the Product has been shipped, the Order can no longer be canceled or modified. The return of Products already shipped must be carried out in accordance with the withdrawal procedure provided for in article 9.h3>>7. Packaging or packaging
7.1. The Products purchased on the Site are delivered using the appropriate packaging for purchases on the Site.

8. Shipments and delivery of the Products

8.1. The Products may be delivered, at the Customer's choice, before forwarding the Order Request, to: (i) one of the Fortuna Italia srl sales points among those indicated on the Site, (ii) one of the collection points proposed by the Courier, where available (hereinafter "Access Point"), or (iii) the address indicated by the Customer in the Order Request, provided that it is in Italian territory, without prejudice to any restrictions placed by the Partners and specified in the relevant Product Page. For Partner Products, only the delivery service is currently available to the address indicated by the Customer under (iii).

8.2. Before submitting the Order Request, the Customer must choose between the standard delivery method and the express delivery method. It is not possible to change the delivery method from standard to express and vice versa once the choice has been made. The standard and express delivery times and the related costs are indicated on the Site. The expected delivery times are, however, indicative and not binding. Deliveries will in any case be made within a maximum of 30 (thirty) days from the date of the Order Confirmation, except in the case of force majeure events or unforeseeable circumstances.

8.3 In the case of a mixed Order of Products sold by Fortuna Italia srl and one or more Partners or in the case of Products sold by multiple Partners, delivery of the same may take place separately. In this case, if the Customer wishes express delivery, he will have to bear a cost for each shipment.

8.4 In the case of standard shipping, shipping costs for the Products may be charged to the Customer and will be clearly indicated on the delivery method selection page on the Site. In this case, the shipping costs that will be charged to the Customer will be highlighted on the delivery page. summary and payment and also reported separately in the Order Request. In the case of express shipping, the expected shipping costs are always borne by the Customer and are also highlighted on the summary and payment page and reported separately in the Order Request.

8.5. Customs duties will always be borne by the Customer, without prejudice to the provisions of article 12.3.

8.6. In the case of shipment to the address indicated in the Order Request by the Customer, the purchased Products will be delivered via courier selected by Fortuna Italia srl or by the Partners (defined as "Courier") on working days (with the exclusion, therefore, of Saturdays , Sundays and local or national holidays).

8.7. The signature of the Customer (or his delegate) is required at the time of delivery. Deliveries are not made to post office boxes.

8.8. The Customer (or his delegate) is required to check, at the time of delivery of the Products by the Courier or upon collection of the same:

Any damage to the packaging and/or to the Product or the mismatch in the number of packages or indications must be immediately reported in writing on the Courier's delivery document and communicated to Fortuna Italia srl, together with the photographic documentation, via e-mail to address: info@fortunaitaliastore.com . Fortuna Italia srl, having received this communication, will evaluate the complaint raised by the Customer and will proceed, if it is proven to be well founded, in accordance with the provisions of the following article 12 for defects in conformity of the Product. Once the Courier's document has been signed without the Customer having raised any objections, the Customer will not be able to raise any objections in this regard.

8.9. In the event that the Customer opts for the delivery method of the Product at one of the Fortuna Italia srl sales points or at an Access Point, he will also receive from Fortuna Italia srl, following the Order Confirmation, a communication confirming availability of the Product for collection at the point of sale or Access Point and the Customer will be required to collect it within 10 calendar days. Once the deadline has passed, the Product will no longer be available for collection and the amount corresponding to the value of the Product will be refunded using the same method with which the payment was made.

8.10. The risk of loss or damage to the Products passes to the Customer when the latter (or a third party designated by him and other than the Courier) physically takes possession of the Product.

9. Right of withdrawal

9.1. Pursuant to article 52 of the Consumer Code, the Customer has the right to withdraw from the Contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his representative authorized to receive the Product) physically enters in possession of the Product (so-called legal withdrawal). In the case of multiple Products ordered by the Customer through a single Order and delivered separately, the deadline for exercising the right of withdrawal starts from the day on which the Customer or a third party designated by the Customer, other than the Courier, acquires physical possession of the last Product. Fortuna Italia srl grants the Customer a further 16 (sixteen) days to return the purchased Product, for a total of 30 (thirty) days (so-called conventional withdrawal).

9.2. To exercise the right of withdrawal and return the product, the Customer can, within the deadline set in the previous article 9.1.:

9.3. Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with the previous article 9.2.), the Customer must return the purchased Product: (i) to Fortuna Italia srl, if it is a Product sold by Fortuna Italia srl, sending it to the address indicated on the return label in the box in which you received the Product; (ii) to the Partner, if it is a Partner Product, sending it to the address indicated on the Product Page and reported in the Order, following the instructions on the Site. The costs for returning the Product will be borne by the Customer.

9.4. The purchased Products must be returned intact, unused, in their original packaging (where applicable), undamaged and equipped with an identification tag attached with a disposable seal still attached. In particular, underwear and swimsuits will also be accepted only if returned in their original packaging, with an identification tag attached with a disposable seal still attached and the hygiene label. In case of depreciation of the Products, due to a manipulation of the same which is not strictly necessary to verify their nature and characteristics, Fortuna Italia srl and the Partner reserve the right not to accept the return or not to fully refund the sums paid for the the purchase of Products that do not have the relevant tag, the original packaging or that have been altered in their essential and qualitative characteristics or that have been used or damaged.

9.5. Having received a notice of withdrawal from the Customer and verified the correct execution of the terms and conditions indicated in this article, Fortuna Italia srl or the Partner will refund the Customer the price of the Product. Fortuna Italia srl or the Partner carries out the refund using the same means of payment used by the Customer for the purchase of the returned Product, unless otherwise expressly agreed with the Customer and provided that the latter does not have to incur additional expenses for this refund . In the event that the Customer has chosen payment on delivery, the refund will be made via bank transfer to the current account indicated by the Customer. Furthermore, if the Customer has chosen to pay via a gift voucher, he will be given a voucher of the same amount to be used for future purchases on the Site.

9.6. Fortuna Italia srl or the Partners may suspend the refund until the returned Product is received or, if it occurs before such receipt, until the Customer provides proof of having sent the Product back.

9.7. The Products can also be returned, within the deadline specified in article 9.1., to the Fortuna Italia srl sales points, or to the Access Points indicated on the Site. No refunds will be made at the Fortuna Italia srl sales points and at the Access Points. cash; the refund will be made according to the procedure set out in articles 9.5 and 9.6. In the case of returns of Products purchased from a Partner carried out at Fortuna Italia srl sales points or at Access Points, the refund will be made exclusively following verification and confirmation by the Partner of the integrity of the Product returned pursuant to the article 9.4.

9.8. The practical instructions for returning the Products pursuant to this article are also present on the Site.

10. Cases of exclusion of the right of withdrawal;

10.1. In compliance with the provisions of article 59, paragraph 1, of the Consumer Code, the right of withdrawal does not apply to Orders relating to personalized Products such as, by way of example and not limited to, Products on which the Customer's initials are engraved . The right of withdrawal is also excluded in relation to sealed Products which do not lend themselves to being returned for hygienic reasons or related to health protection and which have been opened after delivery, such as, by way of example, cosmetic products for the care and beauty of the person.

10.2. The right of withdrawal may be excluded, in accordance with the provisions of Article 59, paragraph 1, also in relation to other categories of Products, such as goods that risk deteriorating or expiring rapidly, which include Food Products: in this case case Fortuna Italia srl will specify this circumstance to the Customer on the Product Page.

11. Replacement of Products;

11.1 The replacement of the Products due to a change in size is not foreseen. The Customer must return the Product he wishes to replace and send a new Order Request for the different size. Even at Fortuna Italia srl sales points, no replacements of the Products purchased on the Site are made, without prejudice to the right of withdrawal referred to in article 9.

12. Defects of conformity

12.1. If a Product sold by Fortuna Italia srl or by a Partner were to present a production defect and in any case for any alleged lack of conformity relating to Products sold by Fortuna Italia srl or by the Partner, the Customer can immediately contact Fortuna Italia srl Customer Service by e-mail to info@fortunaitaliastore.com or to no. 0808695847.

12.2. The sale of the Products is subject to the legal guarantees provided for by articles 129, 130 and 132 of the Consumer Code. Pursuant to these regulatory provisions, the Customer has the right to obtain the restoration of the conformity of the goods through repair or replacement (the Customer may choose whether to obtain the repair or replacement of the Product under the conditions established by law), without any expense at his expense, or, in the event that one of these remedies is unsuccessful, in accordance with the provisions of article 130, paragraph 7, of the Consumer Code, you may obtain an appropriate reduction in the price of the Product or the termination of the Contract. The Customer loses these rights if he does not report the lack of conformity within 2 (two) months from the date on which he discovered such lack of conformity. The action aimed at asserting a lack of conformity not maliciously concealed by the seller expires, in any case, within 26 (twenty-six) months from delivery of the Product.

12.3. In the event that the Customer requests, within the terms set out in this article 12, the repair or replacement of the Product due to a lack of conformity of the Product, the delivery costs relating to the return to Fortuna Italia srl or to the Partner of the Product to be repaired or replaced, as well as all costs relating to delivery of the repaired or replaced Product to the Customer, remain the responsibility of Fortuna Italia srl or the Partner. These expenses include customs duties which in this case remain the responsibility of Fortuna Italia srl or the Partner.

13. Applicable law and competent court

13.1. The Terms and Conditions and, consequently, the Contracts, are governed by Italian law and must be interpreted on the basis of it, including Legislative Decree no. 206 of 6 September 2005 (defined as the “Consumer Code”), as well as Legislative Decree no. 70 of 9 April 2003 (defined as the “E-commerce Decree”).

13.2. Any dispute arising from the interpretation, validity and/or execution of the Terms and Conditions and the Contracts will be referred to the mandatory jurisdiction of the judge of the place of residence or domicile of the Customer.; In any case, for any dispute that may arise in connection with the Terms and Conditions and the Contracts, Customers may activate an extrajudicial dispute resolution procedure compliant with the requirements of articles 141 et seq. of the Consumer Code. Alternatively and residually, for disputes between Fortuna Italia srl and the Customer resident or domiciled outside Italian territory, the Court of Taranto will have exclusive jurisdiction.

13.3. The Customer may also choose to use the platform for the extra-judicial resolution of disputes provided by the European Commission, present on the website http://ec.europa.eu/odr

14. Contacts

14.1. For further information and assistance on the Site or on online purchasing methods, the Customer can contact the Fortuna Italia srl Customer Service at info@fortunaitaliastore.com or at no. 080 8695847.

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