General Terms and Conditions
Tax code, VAT Registration Number and Company Registration Number (in Florence, Italy) 06333730486
Listed under Economic Administrative Register No.: FI - 619749
Registered Office: Via Scipione Ammirato No. 39 - 50136 – Florence, Italy
Operational Headquarters: Via G.D’Orso No.13 – 50135 - Florence, Italy
Phone No.: +39 055 - 611662
Fax No.: +39 055 - 612317
Email address: backoffice@i2Wsrl.com
Web hosting provider: Seeweb S.r.l. based in Italy
1. General provisions
These General Terms and Conditions regulate Website access and use, the sale of goods and any additional services offered by I2W S.r.l. through its Website, the rights and obligations arising from the contract concluded with the Customer and the types of advertising sent to the Customer.
I2W S.r.l. has the right to make changes to or suspend its website at the address www.feeldesign.com with no advance notice.
The User has the right to freely access the public information contained on the website without charge.
Any User who accesses the www.feeldesign.com website has the right to register as a Customer with no obligation to make a purchase. The User agrees to use the Website and any other service, data or information associated with it exclusively for lawful purposes and in compliance with all the conditions of use specified on the Website.
I2W S.r.l. is to be considered completely exempt from any responsibility deriving from any unlawful use and/or violation of any applicable legislation.
2.1. Correspondence with I2W S.r.l.
I2W S.r.l. declares its willingness, with the exception of the specifications below, to be contacted either at the following email address: backoffice@i2Wsrl.com or via telephone line at number: +39 055 611662; from Monday to Friday:9a.m.-1p.m / 2p.m.-5:30 p.m.
The internet site owned by I2W S.r.l. is associated with the www.feeldesign.com domain.
The term User refers to any visitor to the Website owned by I2W S.r.l.
The term Customer refers to the individual indicated in the purchase order with whom the contract is concluded in compliance with the provisions of these general terms and conditions of sale.
The Customer will be classified as:
- Private Customer: an individual who is not using the website for any entrepreneurial, commercial, craft or professional activities s/he may be involved in;
- Business Customer: an individual or legal person who is using the website to carry out entrepreneurial, commercial, craft or professional activities.
When the User registers by filling in the appropriate section of the website, s/he provides I2W S.r.l. with his/her personal information. Although this information can be used to conclude a sale/purchase contract, the User is in no way obliged to make a purchase.
2.6. General Conditions
The terms in this document constitute the General Conditions. These are to be considered as a substantial and integral part of the contract existing between the Customer and I2W S.r.l.
2.7. Purchase Offer
By completing each and every part of the Purchase Offer for goods and any related services, the Customer expresses his/her will to purchase the goods from I2W S.r.l. in compliance with the General Conditions here specified as well as any other conditions indicated on the Website.
2.8. Order Confirmation
Order Confirmation comes in the form of an e-mail sent by I2W S.r.l. to the Customer in which the Customer's Purchase Offer is accepted. Order Confirmation serves to conclude the sale/purchase contract.
This refers to the sale/purchase contract for goods and any related services concluded by the Customer with I2W S.r.l. following the Purchase Offer/Order Confirmation process.
Links to other websites or other internet resources
The subject responsible for delivering goods to the Customer.
3. Content and object of the contract
If the Customer sends a Purchase Offer to I2W S.r.l., pays the requested amount and receives Order Confirmation from I2W S.r.l., this constitutes complete acceptance of the general terms and conditions of sale herein.
For all legal purposes, it will be understood that the Customer has accepted the terms and conditions of use by clicking on the “Accept” key on the online order form.
I2W S.r.l. will be able to amend, all or part of, these general conditions by applying new agreements from the date in which they are published on its Website. In any case, these amendments will not have any retroactive effect on contracts which have previously been stipulated with Customers. For anything which is not provided for in these General Conditions of Sale, the Parties will expressly refer to the relevant legal provisions.
Should the Customer have any particular requirements, s/he should make a specific request and this information can be supplied as and when necessary.
4. Website access and use
4.1. Website Access
Everyone is free to access the www.feeldesign.com website.
4.2. User Registration
Any User can register on the Website with no obligation to make a purchase
The User, who intends to purchase one or more of the goods offered by I2W S.r.l. must register on the Website.
Registration will mean inserting the requested data in the appropriate form on the Website. This includes all information deemed necessary by I2W S.r.l. as well as all information useful or necessary for the correct conclusion of the sale/purchase contract.
The user may indicate his/her desired access credentials, providing they are available and have not already been assigned to another User. Access credentials containing information which is unlawful, immoral, offensive, vexatious, discriminatory or which contrasts with current legislation will not be accepted. The same is true for access credentials which allude to brands, products or registered names protected by industrial or intellectual property rights as well as any which do not respect the right to privacy.
The User will endeavour to protect and adequately ensure the confidentiality of his/her access credentials.
In no circumstances will I2W S.r.l. be held responsible for any damage caused to the User resulting from theft, loss, misappropriation, improper or fraudulent use of access credentials, even by third parties, unless the direct responsibility of I2W S.r.l. can be proven.
4.3. Terms and Conditions of Website Use
The User will endeavour not to use software programs or other automatic or manual systems to copy, manipulate or access the Website without the express written authorisation of I2W S.r.l. The User will endeavour not to carry out any activities which could interfere with the correct functioning of the Website for other Users.
The information available on the Website is updated in real time and is either owned by I2W S.r.l. or has been licensed for use by third parties by it.
The User endeavours not to:
a) copy, reproduce, alter, modify or publish the Site's contents (with the exception of his/her personal information) without the express written authorisation of I2W S.r.l. or the express consent of third parties who are recognised as intellectual property rightholders of such contents;
b) make offers to purchase or sell products published on the Website
c) publish advertisements for items wanted.
The User/Customer must not use the information published by I2W S.r.l. on his/her own Website for any purpose that is not provided for in the contractual relationship which is established when these General Terms and Conditions are accepted unless this has been expressly authorised by I2W S.r.l.
I2W S.r.l. has the right to deny access to software tools and its Website if the Customer fails to respect the terms and conditions regarding the use of this service.
In any case, it is understood that I2W S.r.l., on the request of the competent authorities or where there is evidence of content of an unlawful and/or offensive nature which has been automatically added to the Website by third parties, will take immediate action in order to promptly remove this type of content. This will, of course, be in keeping with the time requirements involved in the process.
4.4. Exclusions of liability regarding Website Use
In accordance with current legislation, I2W S.r.l. offers no guarantees for any risks the User may encounter while using its Website. The User/Customer agrees and warrants to assume complete responsibility for accessing and using the website. Information relating to the products and services on sale on the Website serves only to indicate the main features of the goods on sale.
5. Concluding the Sale/purchase contract
5.1. Purchase Offer
The Purchase Offer can be completed digitally by the Customer by filling in the appropriate form on the Website after registering and creating a personal account by generating the necessary access credentials.
The Purchase Offer is considered to be legally effective for the Customer after pressing the “Place order” button and, when required, the “Confirm payment” button:
- the first button is located after the total purchase price, including any extra services selected;
- the second button is located after the payment methods section where credit card details are inserted and any required fields are filled in.
Upon confirming the Purchase offer, the Customer assumes responsibility for the veracity of the information supplied and recognises I2W S.r.l.'s right to acquire references and information which prove necessary for the proper implementation of the sale/purchase contract whilst respecting personal data processing laws.
Purchase Offers which are made in a different way from those above-mentioned will not be accepted.
When the Purchase Offer is forwarded, I2W S.r.l. will electronically memorise all the information, including personal information, it contains and will assign a progressive order number.
I2W S.r.l. has the right to decide whether or not to accept the offer within three working days of receiving it.
The Customer's Offer is an irrevocable offer to purchase the chosen Service or Product based on these General Terms and Conditions of Sale.
5.2. Acceptance of the Purchase Offer
If the period described in point 5.1 has expired and I2W S.r.l. has not accepted the Purchase Offer the Customer will have no obligations towards I2W S.r.l.
If I2W S.r.l. accepts the Purchase offer, the Customer will receive Order Confirmation via e-mail. Order Confirmation will be effective from the moment it is sent to the e-mail address provided by the Customer. (NB: If for any reason I2W S.r.l. is unable to deliver the goods ordered by the Customer, it will promptly contact the Customer to inform him/her and suggest alternative goods of the same or superior value and quality. If the Customer does not like the alternative offered, the contract for the goods which cannot be delivered will be considered legally terminated.
The Customer will be entitled to a refund of any prepaid amount for the unavailable goods
If, for any reason, I2W S.r.l. is unable to deliver the goods ordered to the Customer, liability will not go beyond the refund of the amount prepaid by the Customer. Neither party will be entitled to compensation for damages, failure to fulfil obligations, actual loss or loss of profit.
5.3. Unilateral amendments to Website information
I2W S.r.l. has the right to amend information regarding the goods it offers to the Customer and any additional services which can be found on its Website. These amendments include technical features, description, length of warranty, brand and photos. Depending on manufacturer/supplier availability, the goods purchased may be subject to non-substantial modifications regarding the components, characteristics or performance of the batch they are part of, provided that this does not result in a reduction in the quality and performance of the goods advertised.
6.Sale price and payment
6.1. Establishing the sales price
The final sales price includes the price of the goods purchased as indicated on the Website including VAT, delivery charges, insurance costs and the cost of any additional services requested by the Customer (assembly, upper-floor delivery if applicable, etc.)
The final sales price will, therefore, be communicated to the Customer during the purchase process before s/he presses the “Place order” button for the first time.
6.2. Unilateral price changes
I2W S.R.L. reserves the right, unilaterally and at any time, to change the price of the goods and services on its Website. In order to provide the most transparent service possible and to leave our Users/Customers in no doubt whatsoever regarding our prices, the amount charged will be that indicated on the www.feeldesign.com site when the Purchase offer is accepted as is set out in point 5.1.
6.3. Methods of payment
When concluding a contract, the payment of the amount due can only be made by choosing one of the payment methods indicated on the Order confirmation page. The method of payment chosen by the Customer could lead to longer delivery times as the goods will only be delivered when the payment has been received.
6.4. Retention of title
In accordance with article 1523 of the Italian Civil code I2W S.r.l. retains title to and full ownership of the Product sold until the Customer has paid for it in full.
For each order, I2W S.r.l. will issue a transport document to accompany the goods purchased. An invoice, addressed to the natural or legal person who placed the order, will also be sent via e-mail to the address provided by the Customer. The Customer is held entirely accountable for the accuracy and veracity of the information s/he supplies I2W S.r.l. with for billing purposes.
7. Goods delivery, terms and methods
With a view to optimising Customer satisfaction I2W S.r.l. will endeavour to deliver the goods purchased by its Customers in the shortest time possible.
The availability of goods and their supply times depend on the trade production methods adopted by suppliers. Unfortunately, these factors are beyond I2W S.r.l.'s control. Delivery times may vary depending on a number of factors, amongst which, method of payment and delivery destination.
The details regarding the quantity of goods available and their delivery times as indicated by I2W S.r.l. are to be considered approximate and non-essential. Any risk associated with the loss of, damage to and manipulation of the goods purchased will be assumed by the Customer after s/he has received delivery of them.
7.1. Goods availability
The availability of goods given on the Website is calculated in relation to orders processed on the same day as the Customer's Purchase Offer is received.
The order will only be processed after payment has been made and verified via bank transfer or postal payment slip. That is to say, when the payment is accredited on the I2W S.r.l. account.
I2W S.r.l. will make every effort to promptly inform the Client of product availability and shipping times.
For multiple orders, even those made at the same time, I2W S.r.l. may arrange for delivery on separate days.
7.2. Delivery of goods
I2W S.r.l. will deliver the goods you have purchased via courier service and the Courier will deliver the goods together with a transport document containing your order details.
The person receiving the goods will either have to provide proof of identity in the form of photographic I.D. or be in possession of your signed written authorisation to do so. Once the ordered goods have been dispatched to the Courier, I2W S.r.l. will send shipment confirmation to the Customer via e-mail. In any case, the transport document will serve as proof of dispatch to the Courier.
Large items, such as televisions and large household appliances will be delivered to ground level. If the Customer wishes to request delivery to a different floor, s/he must do so by contacting I2W S.r.l., which will provide the Customer with a cost estimate (available in some locations) for the service.
Any costs incurred by delivery which is not to a ground floor will, in any case (even in the case of withdrawal), be charged to the Customer who will, in no circumstances, be entitled to a refund of the relative costs.
If the Customer fails to respect any arrangements agreed with the Courier, I2W S.r.l. will not be responsible for rescheduling goods delivery.
7.3. Goods delivery address
The goods purchased by the Customer will be delivered to the address indicated in the Purchase Offer. Any changes made to the delivery address stipulated at the time of order may result in additional costs which will be charged to the Customer. I2W S.r.l. will promptly inform the Customer of any additional costs incurred. The Customer must make any necessary changes to the delivery address by sending an e-mail to backoffice@i2Wsrl.com and these requests can only be accepted if the goods have not yet been dispatched.
7.4. Delayed delivery of goods
If goods are delayed in excess of 30 working days of the date indicated on the Order Confirmation provided by I2W S.r.l., and providing that the delay is attributable to the company itself, the Customer will be entitled to unilaterally withdraw the order and will receive a full refund of any prepaid amount. In order to exercise this right, the Customer must inform I2W S.r.l. of his/her choice in writing by sending a recorded delivery letter, fax or e-mail.
I2W reserves the right to contact the Customer and suggest alternative purchases of the same or superior value and quality and the Customer reserves the right to accept or turn down this offer. In this case, the goods which are not delivered to the Customer within 10 working days of being dispatched to the Courier, will be sent back to I2W S.r.l. and the Customer will receive a full refund of any prepaid amount. If the Customer declines the offer, the Contract will automatically be considered terminated.
7.5. Goods insurance
I2W S.r.l. guarantees that all dispatched orders will be insured against transportation risks, loss, damage and manipulation.
7.6. Goods damaged in transit
At the time of goods delivery, the Customer is responsible for checking that:
- the number of goods being delivered corresponds that indicated on the Transport document;
- packaging is intact (not wet, torn, bent or damaged in any other way).
Any external damage or incorrect number of packages must be immediately contested in writing in the presence of the delivery worker by writing “GOODS RECEIVED UNCHECKED due to (give reason)” on the delivery note which the Courier will ask to be signed.
The Customer can for example write “GOODS RECEIVED UNCHECKED due to damaged package or “GOODS RECEIVED UNCHECKED due to missing package”.
If the customer accepts the goods and signs the delivery note without adding “GOODS UNCHECKED” or similar, s/he will not be entitled to make any claims regarding any items lost, manipulated or damaged during transportation.
Any claims made in the appropriate manner will have to be confirmed within seven working days by asking I2W S.r.l. to provide the appropriate form. This can be done by sending an e-mail to: backoffice@i2Wsrl.com. When it has been filled in, the form must be sent back to this address from the Customer e-mail address which was used to make the request. Once it has been verified that goods were damaged in transit, I2W S.r.l. will give the Customer the choice between having the product repaired, ordering a replacement or receiving a refund.
For the above-mentioned procedure, no additional costs can be charged to the Customer. Any claims made without respecting these terms will not be taken into consideration.
The Customer assumes complete responsibility for any claims made regarding damaged or unchecked goods.
8. Right of withdrawal
If the Private Customer (point 2.4a) is not satisfied with the goods purchased from I2W S.r.l., s/he will be able to return them and receive a refund for any prepaid amount.
The cost of returning the goods to I2W S.R.L. will be fully attributable to the Customer. The Business Customer (point 2.4b) is not entitled to exercise the right of withdrawal.
8.1. How to exercise the right of withdrawal
The Private Customer who intends to exercise his/her right of withdrawal must inform I2W S.r.l. of this within and not later than 14 (fourteen) days of goods delivery via e-mail to backoffice@i2Wsrl.com, fax, fax or recorded delivery letter.
The notification must include:
- the Customer's will to exercise his/her right of withdrawal;
- the order number, the number and date of both the invoice and the transport document;
- the goods for which the right of withdrawal is being exercised;
- the refund method for the amount due. This process can only be carried out by crediting this amount to the Customer's credit card, PayPal account or bank account. The appropriate form can be filled in by the Customer on the Website. Goods must be returned within 10 (ten) days of sending the withdrawal communication and they must be sent exclusively by Courier or postal service.
For larger items I2W S.r.l. will inform the Customer of how to return the goods.
Returned goods must be fully intact and still in their original packaging, which must also be intact. The Customer will be liable for any risks involving the loss, damage or manipulation of goods during transportation unless s/he chooses to insure the shipment and sustain the costs involved.
From when the goods are received until they are returned to I2W S.r.l., the Customer is responsible for keeping them intact and taking the utmost care to protect them whilst keeping them in their original packaging. This includes internal and external packaging as well as accessories, manuals and other documents.
Even if the Customer is allowed to try the goods in order to decide whether or not to keep them, returned goods must not show any signs of use and/or damage.
If goods are used for any purpose other than that above-mentioned, they will not be accepted for return.
A refund of any prepaid amount will only be given by I2W S.r.l., within and not later than 30 (thirty) days of receiving the right of withdrawal request, when it has been verified that the correct procedure indicated in these terms and conditions has been followed and that the returned goods, as well as any accessories and packaging, are intact and in full working order. In accordance with legal and contractual provisions, improper use of the right of withdrawal authorises I2W S.r.l. to send the returned goods back to the Customer and charge him/her for the transportation costs incurred.
8.2. Right of withdrawal exclusions
The right of withdrawal is excluded for:
- right of withdrawal exercised in a manner which does not conform to legislative provisions and/or these Terms and Conditions of Sale;
- any alteration to the original conditions of the goods whatsoever;
- excessive use of the goods which goes beyond trying them before deciding to buy;
- the use of hardware devices and failure to restore them to their original state;
- the sale of goods which were tailor made for the Customer;
- the sale of goods which require professional installation (built-in household appliances, specific expressly labelled audio/video devices) after they have been installed.
9. Warranties covering goods sold
9.1. Conformity of goods guarantee
The conformity of goods guarantee is valid:
- for 24 months after the delivery of the goods for sales made to Private Customers;
- for 12 months after the delivery of the goods for sales made to Business Customers.
The conformity of goods guarantee is valid for the following defects:
- delivery of goods which do not correspond to those ordered by the Customer;
- the product does not possess the characteristics or meet the normal use and quality requirements of products of the same type
- the goods do not possess the essential characteristics deemed necessary for smooth functioning;
- the product is not in working order or is made with materials whose quality deteriorates beyond the normal use it was intended for, thus preventing it from working.
If the goods delivered do not correspond to those purchased by the Customer (point a) of the paragraph) or if the goods delivered do not possess the characteristics of or meet normal use and quality requirements for that type of product (point b) of the paragraph, the Customer must inform I2W S.r.l. of this within 14 /fourteen) days of delivery if the discrepancy is immediately evident or within 8 (eight) days of discovering the discrepancy if it is not immediately evident or easily recognisable. This must be done by sending an e-mail to backoffice@i2Wsrl.com, via recorded delivery letter or via fax.
If the goods delivered present a lack of conformity, the Customer is entitled to a replacement with the product originally ordered or, if this isn't possible, I2W S.r.l. may offer the Customer a product of the same or superior value.
If the goods delivered are not fit for the purposes for which goods of the same type are normally used (point c) of the paragraph) or if the product either does not work or is made with materials whose quality deteriorates beyond the normal use it was intended for, thus preventing it from working (point c) of the paragraph) the Customer will be entitled to direct, immediate assistance for the goods purchased. This will be provided by the manufacturer/supplier's authorised technical support team within 6 (six) months of the purchase date.
After 6 (six) months but within 24 (twenty four) months of purchase, the Private Customer is entitled to the commercial guarantee. After 6 (six) months but within 12 (twelve) months of purchase the Business Customer is entitled to the commercial guarantee. In order to benefit from this guarantee the Customer must prove that the defect was present at the time of purchase.
The Customer will not be covered by the warranty if s/he does not report the lack of conformity within 2 (two) months of discovering it.
I2W S.r.l. will endeavour to provide the Customer who needs to activate the guarantee with the contact information for technical assistance centres or, if there aren't any, with the manufacturer's address and phone number, e-mail or website.
In the case of liability for defective products I2W S.r.l. will promptly, and in any case, within three month of the request, supply the Customer with the name, address and any other useful or necessary information for the identification of the manufacturer of product supplier.
I2W S.r.l. will not be liable for any damage caused by improper use, wear and tear, modifications or installation carried out by unauthorised personnel or malfunctions caused by short circuits. The guarantee does not apply to factors unassociated with normal use, such as higher or lower voltage, improper or unauthorised use of accessories, if the product is dropped, comes into contact with water, fire or is improperly used or abused (against manufacturer's instructions) by the Customer or third parties.
There is no guarantee against defects which the Customer was aware of at the time of purchase.
9.2. Returning a product under warranty
In order to activate the warranty procedure in these Terms and Conditions of sale the Customer who intends to return purchased goods must:
- report the product fault to I2W S.r.l. by sending an e-mail, fax or recorded delivery letter.;
- at the same time communicate the order number, the number and date of both the invoice and the transport document.;
- contact I2W S.r.l. via e-mail within 10 (ten) days of reporting the product fault in order to arrange for the redelivery of the product.
I2W S.r.l. endeavours to inform the Customer of the delivery address and method and reserves the right to have the product returned by its own Courier.
If after the above-mentioned period of 10 (ten) days of reporting the faulty goods the Customer does not arrange the implementation of the guarantee with I2W S.r.l., including arrangements for returning the product, s/he will no longer be entitled to benefit from the guarantee.
Upon receiving the goods I2W S.r.l. will activate the checking procedure, in collaboration with the Manufacturer/Supplier and if the fault is identified, it will arrange for the repaired product or a replacement to be sent to the Customer.
The serial number of the product which is considered to be faulty or lacking in conformity must correspond to that present in I2W S.r.l.'s commercial archives. If this is not the case, the Customer will not be entitled to any refund, compensation, repair work or replacement.
If the returned goods do not possess any of the faults covered by the guarantee, I2W S.r.l. will inform the Customer of any costs necessary for repair work or replacement. The Customer will be charged for any transport costs incurred for products which are not faulty.
If a lack of conformity is reported, I2W S.r.l. will promptly contact the Customer to inform him/her of this and suggest a replacement or alternative product of the same or superior value and quality.
The checking, repairing or replacement process may require a few days.
10. Links to other Websites
The website which can be found at www.feeldesign.com may provide links to other websites or other internet resources.
The User/Customer acknowledges that I2W S.r.l. can in no way be held responsible for the functioning of these external sites or resources.
Links of any kind, based on any type of technology cannot be created without the written agreement of I2W S.r.l. In any case, the creation of such links, even when authorised, will not result in any responsibility on I2W S.r.l.'s part. The company does, however, reserve the right to request the removal of such links at all times.
I2W S.r.l. neither checks the content of the connected sites nor assumes any responsibility it.
All correspondence with the Customer in relation to this contractual relationship can be carried out by I2W S.r.l. by sending an e-mail, recorded delivery letter or fax to the addresses provided by the Customer and, as a result, the Customer can not claim not to have received them. I2W S.r.l. will not be held responsible for any changes which are made to the Customer's addresses if s/he fails to inform us of this.
12. Force majeure
I2W S.r.l. will, in any case, be exonerated from any responsibility for delays or malfunctions which are caused by circumstances beyond its control.
With the exception of the above-mentioned provisions, in the case of a delay I2W S.r.l. will fulfil its obligations as soon as is reasonably possible.
13. Intellectual and industrial property
I2W S.r.l. owns the intellectual and industrial property rights of the www.feeldesign.com Site and corresponding trade name.
The reproduction, communication, distribution, publication, modification or transformation, of any kind and for any purpose, of the trade name, distinguishing signs or Site content is therefore forbidden.
I2W S.r.l. assumes no responsibility for the brands and other distinctive signs which appear on the goods for sale on the Site and the Customer shall not obtain any rights of use or exploitation following the conclusion of sale/purchase contracts.
14. Legal disputes
These Terms and Conditions of sale are regulated by and must be interpreted in accordance with the laws of the Italian State. The application of the United Nations Convention on Contracts for the International sale of Goods is explicitly excluded. I2W S.r.l. and its Customers agree to abide by the non-exclusive legislation of the Court of Florence (Italy). The Private Customer can start legal proceedings regarding these Terms and Conditions of Sale at the Court of Florence (Italy) or in the member state of the European Union where s/he resides or is domiciled.
If I2W S.r.l. should fail to assert any of the rights it is due in accordance with these General Terms and Conditions of Sale, this will not result in the relinquishment of the rights themselves. Failure to exercise the above-mentioned rights will in no way mean relinquishing the right to assert them at a later date.