Sales conditions

Terms of business and consumer information

FITT, owner of the site www.shop.FITT.com, has entrusted the management to Alkemy SpA, The initiative is an online sale dedicated to users who buy from the site https://www.shop.FITT.com/it/. The products for sale are offered by Alkemy, based in Milan, via San Gregorio, 34, Tax Code and VAT number 05619950966, registered in Milan - REA no. MI – 1835268, social capital 371.476.00 euro entirely paid In compliance with the articles 50 and following ones of the Legislative Decree no. 206/2005, and subsequent amendments, here follows a description of the general sale conditions envisaged for the initiative and, in particular, the characteristics and prices of the goods, expenses related to deliveries, purchase and payment methods, terms and costs of delivery, as well as the conditions relating to the replacement of the products and the existence of the right of cancellation and the relative procedures and timing for the return or collection of the goods in case of cancellation.

 

Acceptance of the terms and condition of business

1.The contract stipulated between Alkemy S.p.A. and the Customer must be considered concluded with the acceptance, even if only partial, of the order by Alkemy S.p.A. This acceptance is considered tacit, unless otherwise communicated in any manner, to the Customer. By placing an order in one of the several methods provided, the Customer declares to have read and understood the information provided to him/her during the purchase process, and to fully accept the general conditions of sale and of payment as reported hereafter.

2. Once the online purchase process has been completed, the Customer will print or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions of Articles 49 et seq. Legislative Decree no.206/2005 on distance sales

Purchase procedure

3. The Customer can only purchase the products using the electronic catalog managed by Alkemy S.p.A. at the time of placing the order, viewable online at (URL)www.shop.FITT.com, as described in the relevant information sheets. It is understood that the image relating to the description of a product may not be fully representative of its characteristics but may differ in color, size and accessories. The supporting purchase information is intended as simple general information material, not to be attributed to the real characteristics of each product.

4. The correct reception of the order is confirmed by Alkemy S.p.A. by an e-mail reply sent to the e-mail address provided by the Customer. This confirmation message will contain the Date and Time when the order was placed and a 'Customer Order Number' to be used in any further communication with Alkemy S.p.A.. The message repeats the details entered by the Customer who agrees to verify its correctness and to promptly communicate any amendments, according to the procedures described in this document. We endeavor to always ensure the correctness of the information published on the site, but the size of the catalog and the amount of information contained therein entail the possible risk of a technicality that might generate by mistake a sales price which is different from the actual one. Therefore we reserve the right to cancel the order in case of an incorrect publication of a price; it will be care of our Customer Service team to notify the Customer and convey the correct information.

5. In case of non-acceptance of the order, Alkemy S.p.A. ensures timely communication to the Customer.

 

Terms of payment

6. The payment system currently accepts Mastercard, Visa and Maestro cards; this includes PostePay cards but excludes any Visa Electron card which is not enabled for online payments. In case of goods purchased and paid by credit card, the transaction will be authorized at the time when the order is placed. 
6.1 In case of cancellation of the order either by the Customer or by non-acceptance of the same order by Alkemy SpA, the latter will request a cancellation of the transaction. For certain types of cards, cancellation times vary depending exclusively on the banking system. Once the transaction has been cancelled, under no circumstances can Alkemy S.p.A. be held responsible for any damages, direct or indirect, caused by delay in the non-repayment of the amount by the banking system.
6.2 Alkemy S.p.A. reserves the right to request additional information from the Customer (e.g. landline number) or copies of documents proving ownership of the Card used. In the absence of the required documentation, Alkemy S.p.A. reserves the right to refuse the order.
6.3 At no time, during the purchase procedure, Alkemy S.p.A. is able to store the information relating to the buyer's credit card, transmitted via secure connection directly to the site of the bank that manages the transaction. No computer files belonging to Alkemy S.p.A. will retain this data. Under no circumstance can Alkemy S.p.A. therefore be held responsible for any fraudulent activity and improper use of credit cards by third parties, upon payment of the purchased products.

7. Any order placed which is paid by Advance Bank Transfer will be dispatched after the outstanding balance has been successfully credited to Alkemy S.p.A.'s account. Proof of bank transfer, including TRN (transaction reference number), must be received by Alkemy S.p.A. (by e-mail at customercare.fittshop@alkemy.com) no later than 3 working days from the date of acceptance of the order. Beyond this date, the order will automatically be deemed null. The Customer has to transfer a value corresponding to the amount specified on the order confirmation tab with the following references: :

Alkemy S.p.A., via San Gregorio n. 34, 20124 Milano;

Acquiring bank: Banca Sella

IBAN: IT28 Q 03268 01605 052850880051

Payment reference: order number indicated on the site page and included in the order confirmation email.

PayPal: By selecting PayPal payment option, you will be redirected to a secure page on the PayPal site where you will enter your email address and password to make a payment. Your financial data will not be shared with Alkemy S.p.A. but they will be managed directly by PayPal. We reserve the right to accept only verified PayPal accounts. Connect to the PayPal site to verify your account.

9. Cash payments upon delivery: In the case of a cash payment upon delivery, an additional charge will be added to the total amount. This is clearly stated when choosing a payment method at check out. Payment can be made exclusively in the following ways:
- by cash, exclusively up to € 999.99 (pursuant to Legislative Decree 201/2011, Article 12); 
In the event that the value of the purchased good is greater than the maximum amount acceptable by the courier, Alkemy SpA can request that the outstanding amount is paid by bank transfer.

ATTENTION: if you pay by credit card, the beneficiary of the transaction that will appear on your statement will be ALKEMY S.P.A.

 

Delivery costs and methods

9. Alkemy S.p.A. only accepts orders to the countries indicated on the purchase delivery page. Alkemy S.p.A. reserves the right not to accept orders with delivery to remote locations. Delivery to the post, or post office boxes, is not permitted.

10. For each order placed, Alkemy S.p.A. will: :
- for customers registered for VAT purposes, issue an invoice by sending it to the e-mail address or the home address indicated during registration. For the issuance of the invoice, the information provided by the Customer at the time of placing the order shall prevail. It is not possible to change any details on the invoice once it has been issued. 
- for orders placed by customers not registered for VAT purposes, according to the definition and qualification pursuant to Legislative Decree 206/05 as subsequently amended and integrated, an invoice is issued only upon specific request of the Customer at the time when the order is placed and this will be sent to the e-mail address or to the home address indicated during the registration process. For the issuance of the invoice, the information provided by the Customer at the time of placing the order shall prevail. It is not possible to change the invoice once it has been issued.

The sales system of Alkemy S.p.A., as an online seller, does not require the issuance of the invoice (or receipt or tax receipt) to a consumer (non-VAT number holders), according to art. 22 of the Decree of the President of the Republic of 26/10/1972 n. 633 and the article 2, letter oo) of the DPR December 21st 1996, n. 696 (as confirmed by Resolution No. 274 / E of November 5, 2009). If the invoice is not requested by the customer, Alkemy S.p.A. nevertheless sends out a purchase receipt to the e-mail address or the home address indicated during registration, a receipt without tax validity, useful only for assistance or warranty purposes.

ATTENTION: Carefully check that the data entered in the "billing address" section is correct as it is not possible, under any circumstances, to modify such data or the content of the receipt once the order has been shipped. The invoice will be made out to the address entered in the billing field at the time of purchase and you will not be able to address an invoice to a different name or address. It is therefore not possible to modify an invoice once it has been issued.

If the invoice is not requested at the time of placing the order, it can not be issued afterward.

11.The delivery costs are charged to the customer and are explicitly stated at the time when the order is placed. The payment of the goods by the Customer will take place using the method chosen when placing the order. Nothing else is required by the customer, in relation to the order.

12. The availability of the products on sale is limited to the availability of the products themselves and it is a condition for the validity of tenders. When out of stock - even if only temporarily - Alkemy S.p.A. keeps the right to refuse the customer's purchase request through formal communication by e-mail suggesting also any replacement products that may be available at the same cost or more, with any difference in price payable by the customer. Except for the case when the customer requests a replacement product, Alkemy S.p.A. will refund any amounts already paid by the customer as soon as possible and in any case no later than 14 days from the date in which the order was cancelled. The requested products are delivered as quickly as possible, usually within 5 working days. Alkemy S.p.A. undertakes to respect, as the maximum delivery time, a maximum period not exceeding 30 days, except in cases of force majeure. The maximum delivery time is calculated from the date the contract was stipulated. In case of delay exceeding 30 days, the Customer and Alkemy S.p.A. they will agree on any new convenient delivery date. If the additional time expires without the products being delivered, the Customer is entitled to terminate the contract, maintaining the right to claim compensation for any damage incurred.

13. Unless explicitly indicated by Alkemy S.p.A. Customer Service, delivery refers to ground floor level. At the time of delivery of the goods by the courier, the customer is required to check: - that the number of packages delivered corresponds to what is indicated in the airway bill previously received by email; - that the packaging is intact, undamaged, wet or otherwise altered, even the sealing materials (adhesive tape or metal straps). Any damage to the packaging an /or the product or the mismatch in the number of packages or indications must be immediately notified, by putting the WRITTEN CONTROL RESERVATION on the courier proof of delivery. Once the courier's document has been signed, the Customer cannot make any objection regarding the external characteristics of the goods delivered. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 8 days from the delivery via the form Contact us
14. In case of failure to collect within 5 working days the goods in storage at the courier's warehouses due to repeated inability to deliver to the address specified by the Customer when ordering, the order will be automatically cancelled.

 

Right of cancellation

15. Pursuant to the articles 52 and the following ones of the Legislative Decree 206/2005, if the customer is a consumer (i.e. a natural person who purchases the goods for purposes not related to his/her professional activity), he/she has the right to cancel the purchase contract for any reason, without the need to provide any explanation and without any penalty, with the exception of the types of products for which this is expressly excluded (see Article 59 of Legislative Decree 206/2005) and without prejudice to what is indicated in paragraph 16 below.

16. To exercise this right, the customer must send to Alkemy S.p.A. a notice to that effect, within 14 days from the date of receipt of the goods. This communication must be made by e-mail or by filling out the formReturns and Refunds

Once the aforementioned notice of cancellation has been received, FITT Shop Customer Service will promptly inform you on how to return the products, which must be sent back to the following address:

FITT Shop c/o QUICKLY LOGISTICS HOUSE SRL

Strada Provinciale 7 nr. 1

29010 Gazzola (PC)

Italy

without undue delay and in any case within 14 days from the authorization.

The direct costs of returning the products are at your expense.

Alkemy S.p.A. will collect the products at the cost of shipping indicated on their site only if the same, due to their nature, can not be returned by the customer by mail.

IMPORTANT: no returned goods will be accepted, if not authorized to be returned.

17. The right of cancellation is however subject to the following conditions:

- the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (e.g.: accessories, etc ...);

- the purchased item must be intact and returned in original packaging,(including packaging and any documentation and accessory equipment: manuals, etc ...); to limit damage to the original packaging, we recommend, where possible, to insert it in a second box, on which to affix the label provided by Alkemy S.p.A., showing the RAC number (return authorization code); in all cases, the affixing of labels or adhesive tapes directly onto the original packaging of the product should be avoided;- the shipment, until confirmation of receipt by our warehouse, is under the complete responsibility of the customer;

- in case of damage to the goods during transport, Alkemy S.p.A. will notify the customer (within 5 working days of receipt of the goods in their warehouse), to allow the customer to promptly file a claim against the chosen courier and obtain a refund of the value of the goods(if insured); in this case, the product will be made available to the customer for its return, simultaneously voiding the request for cancellation; - Alkemy S.p.A. is not responsible in any way for the damage or theft/loss of goods returned by uninsured shipments;

18. Alkemy S.p.A. will refund the full amount paid back to the customer (net of the return costs referred to in paragraph 16 above in the event that the products are not returned by post), within 14 days from communication of cancellation, by refunding the credit card or bank transfer transaction. In the latter case, it will be the customer's responsibility to promptly provide the bank details on which to obtain the reimbursement (IBAN code of the current account of the payer of the invoice). Alkemy S.p.A. may suspend the refund until the receipt of the products or until the Customer demonstrates to have returned the products, whichever comes first..

19. Notwithstanding that the customer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, the characteristics and functioning of the same goods, the right of cancellation is excluded in relation to:

- the supply of goods that could deteriorate or rapidly expire;

- the supply of sealed goods that are not suitable for being returned for sanitary reasons or for reasons related to health protection and have been opened after delivery;

- damage to the product due to reasons other than transport.

In case of forfeiture of the right of cancellation, Alkemy S.p.A. will provide the relevant communication by e-mail; the product will remain available to the Customer and stored at the warehouse of Alkemy S.p.A. for a period of 30 (thirty) days from the date on the recorded letter. After this date, the product will be disposed of without further notice.

 

Warranty

20. All products sold by Alkemy S.p.A. they are generally covered by the manufacturer's standard warranty and by the 24-month lack of conformity warranty, pursuant to articles 128 and following Legislative Decree no. 206/2005. It is understood that, in relation to perishable products, the legal warranty will be effective only until the expiration date indicated on the packaging of the product itself. To use the warranty, the customer must keep the invoice (or the DDT) which will be sent to the registered email address.

21. The manufacturer's standard warranty procedures are illustrated in the documents included the product packaging. It is voluntary and does not replace, limit or exclude or prejudice the right to the Legal Guarantee of Conformity. The duration, territorial extension, methods of use, the types of damage / defects covered and any limitations of the Manufacturer's Conventional Warranty are indicated in the warranty certificate included in the product packaging.

22. The 24-month warranty pursuant to art. 128 and following ones Legislative Decree no. 206/2005 applies to the product that presents a lack of conformity, provided that the product itself is used correctly respecting its intended use and following instructions in the attached technical documentation. This guarantee is reserved for the private consumer (a natural person who purchases the goods for purposes not related to his/her professional activity). In case of lack of conformity, Alkemy S.p.A. provides, at no cost to the Customer, to restore the conformity of the product by repair/replacement or price reduction, until both parts agree. If, after been checked by an Authorized Service Center, the defect is not a result of lack of conformity pursuant to the art.128 and following D.Lgs. No. 206/2005, the Customer will be charged for any verification costs and restoration required by Authorized Assistance, as well as transportation costs if incurred by Alkemy SpA 23. In the event that, for any reason Alkemy S.p.a. is not able to provide his customer with a product under warranty (restored or replaced), Alkemy S.p.A. may proceed at its own discretion to return the entire amount paid or to replace the faulty item with a product of equal or greater characteristics.

23. In the event that, for any reason Alkemy S.p.a. is not able to provide his customer with a product under warranty (restored or replaced), Alkemy S.p.A. may proceed at its own discretion to return the entire amount paid or to replace the faulty item with a product of equal or greater characteristics.

24. No compensation can be requested to Alkemy SpA. for any delays in carrying out repairs or replacements.

25. In cases where the warranty asks for the return of the product, the goods must be returned by the customer in the original packaging, intact (including packaging and any documentation and accessory equipment: manuals, accessories, etc ... ); to limit damage to the original packaging, we recommend, when possible, to put it in a second box; in all cases, the affixing of labels or adhesive tapes directly onto the original packaging of the product should be avoided.

 

Privacy

26. Alkemy S.p.A. based in via San Gregorio n. 34, 20124 Milan and FITT are autonomous data holders as specified in the Information section.

 

Complaints

27. Any complaint must be addressed to Alkemy S.p.A., via San Gregorio no. 34, 20124 Milan. For any information please contact: Alkemy S.p.A .: Via San Gregorio no. 34 20124 Milan or contact us through the form Contact us

 

Governing law

28.The contract between the customer and Alkemy S.p.A. is made in Italy and regulated by Italian law. For the solution of civil and criminal disputes arising from the conpletion of this contract of distance selling, if the customer is also a consumer, the territorial jurisdiction is that of his town of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan.

Pursuant to and for the purposes of the Legislative Decree no. 130 of 6 August 2015, containing provisions for the implementation of the Directive 2013/11/EU on the alternative resolution for consumer disputes, we communicate the existence of an alternative online dispute resolution platform accessible at the following address:

Online dispute resolution