General Terms and Conditions of Sale

1. Our trade policy

1.1. On the website (hereinafter also the “Site”) products and related services are offered in the catalogue and distributed by:
Fog srl
Via Umbria 7 00187 Roma
(nel seguito Fog srl)

1.2. The products and commercial services provided are available exclusively to customers defined by law:
“Consumers” who have reached the legal age (18 years). If you are under 18, we would therefore ask you to refrain from making purchases on the online catalogue. “Consumer” means, pursuant to Art. 3, paragraph 1, letter a) of the Consumer Code (Legislative Decree 6. September 2005, no. 206 and its recent amendments pursuant to Legislative Decree no. 21 of 21 February 2014, which entered into force on 13 June 2014), natural person acting for purposes that do not fall within the framework of its commercial, industrial, craft or professional activity. We would kindly ask you to refrain from making purchases if you are a consumer under 18 years old.
o Customers defined by the law as “Professionals” i.e. natural or legal persons acting in the exercise of their business, commercial, craft or professional activity or their intermediary, as defined in Article 3, paragraph 1, letter c), of the “Consumer Code”. We kindly ask you to provide accurately and completely all the information required for the Professional customer.

1.3. Fog srl reserves the right not to accept orders received from “Professional customers” at its own discretion and without the obligation to express any motivation in this regard and not to process orders received from customers who do not comply with these general terms and conditions of online sales.

1.4. The product offers in the online catalogue as well as the prices of the same products are valid as long as they are still visible on the site and until stocks run out. Fog srl reserves the right to change the online catalogue at any time and without notice. Fog srl will update the online catalogue preferably at night, trying as far as possible to minimize the operational impact on the Website. Any price changes will also be applicable to products already included in the cart, for purchases not yet completed before the changes according to the procedure described in point 2 below.

1.5. These General Terms and Conditions of online Sale regulate the offer, transmission and acceptance of purchase orders relating to products on the Site and apply to all users of the Site.

1.6. The General Terms and Conditions of online Sale do not regulate the supply of services or the sale of products made by third parties who use direct links to the Website through banners or other hyperlinks / links. Before sending orders and purchasing from these third parties, we recommend that you check the General Terms and Conditions of sale and use of these third parties since Fog srl in no case can be held responsible for the supply of the services promised by third parties or for the execution of electronic commerce transactions between users and third parties.

1.7. The General Terms and Conditions of online Sale can be consulted at any time on the Website at the LINK below, printed or stored on a PC.

2. How to enter into a purchase agreement on the website.

2.1. To send a purchase order for one or more products on the Site, you must perform the following operations and follow the relevant instructions:
– Select a product from the catalogue and add it to the cart by pressing the “Buy” button in the product listing or within the product sheet;
– Choose the desired quantity;
– Select all the services related to the product (Installation, extension, technical support on WEEE collection);
– Register or continue with the purchase as an anonymous customer, by providing all the required data (name, e-mail address);
– Choose the delivery method.
– Choose the payment form and provide all the data required for the transaction (e.g. credit card number, PayPal account, etc.);
– Confirm the order.
The purchase is made by confirming acceptance of the online terms and conditions of sale and clicking on the “Confirm payment” button. The acceptance of the Customer’s purchase proposal by Fog srl takes place with the confirmation, in the form of sending the completed order confirmation communication.

2.2. Prior to proceeding with the sending of the order, you will be asked to identify and correct any possible errors that occurred while filling in the required fields.

2.3. After your order has been registered by Fog srl, it will be processed as soon as possible.

2.4. Fog srl may not take charge and process your order if there are insufficient guarantees of payment solvency, if the orders are incomplete or incorrect, or if the products are no longer available. In the cases stated above, we shall inform you by e-mail that the contract has not been executed and that the Fog srl has not confirmed your purchase order specifying the reasons thereof. In addition to the information provided, Fog srl is unable to give more precise information regarding the availability of the product; therefore, once we have reviewed your order, we will inform you by e-mail if any of the products you have ordered are not available.

2.5. Without prejudice to the provisions of these general terms and conditions of online sales, it is assumed that an order has as its object sales services that are divisible, distinct and for several economic units, how many products have been ordered, as expressly agreed between the Customer and Fog srl with the forwarding of the order itself and its acceptance; therefore, if the execution of Fog srl of the order is limited to some of the products ordered due to the unavailability of some or for another justified reason independent of the will of Fog srl, with the forwarding of this order the Customer declares his interest and gives his consent to the partial execution of the order in relation to other products, which therefore cannot be refused by the Customer, nor can it give the Customer the right to revoke the order.

2.6. In case that Fog srl is not able to fully accept the order received by the Customer, giving the partial acceptance of the order in relation to the available products, the possible exercise of the right of reconsideration provided by Art. 8 of these General Terms and Conditions of Sale will take place without any charge for transport costs to the Customer.

2.7. You are aware that by sending the order to Fog srl you accept without reservation all the provisions contained in the General Terms and Conditions of online Sale and that you undertake to observe them. If you do not agree with some of the provisions contained in these General Terms and Conditions of Sale, we kindly ask you not to send the order for the purchase of products from the online catalogue.

2.8. By sending the order to Fog srl you agree and accept these General Terms and Conditions of online Sale as well as additional conditions contained on the Site also through links, including the general terms and conditions of online sale of the Privacy Policy and the terms of withdrawal.

2.9. Once the online order has been confirmed, Fog srl will send you at your choice in a written form or by e-mail, the content of which must be stored on a durable medium, a copy of the purchase order invoice containing a summary with information relating to the order (General Terms and Conditions of online Sales, the main features of the purchased products, detailed information on the price, any additional shipping, delivery or postal costs, methods and terms of payment, timely performance and delivery of the goods in accordance with the schedule herein, existence of the right of withdrawal, conditions, terms and procedures relating to the exercise of the same, times and methods for returning the products, any contribution for the transport requested from the customer (if applicable), address to submit any complaints and information on the legal guarantee of conformity, on the existing commercial guarantees and on the services of assistance).

2.10. By sending the order to Fog srl you agree to receive the invoice issued for tax purposes in electronic format. Hard copy of the same invoice will be delivered to you together with the purchased products.

2.11. There is no possibility to cancel confirmed and completed orders according to the payment procedure provided. In case of specific problems related to a confirmed order, it is necessary to contact customer service for assistance.

3. Guarantees and indications on product prices

3.1. The main features of the products are indicated on the Website on the page related to each product. The products offered for sale might not be exactly realistic in terms of their image and colours due to the browser or to the type of monitor used. The images can be for indicative purposes only.

3.2. The specifications of a product, the approvals and safety declarations of a product are indicated on the label, in the packaging or in the instructions for use of the product itself and can be reported in full or in excerpt on the Website itself accompanying the image of the product.

3.3. All products comply with the standards and are approved according to the provisions of the European Community standards. We are not liable for any discrepancies with respect to the standards of countries not members of the European Community and / or non-approval of products in the same countries.

3.4. The price of the products is expressed in Euro and includes VAT as well as all applicable taxes and duties. Transport costs are not included in the sale price, they are indicated separately and will be charged to the customer. The prices displayed until the order is confirmed, may change. Check the final sale price before sending the order proposal.

3.5. Orders made from a different country than the one of delivery of the goods or to addresses to which Fog srl cannot deliver (e.g. P.O. BOX or territories / areas / zones excluded / and from the Community customs territory), will be automatically cancelled.

3.6. All products are delivered with an attached identification label or sealed. Do not remove the seals of the purchased products or the label if you wish to return the purchased product. We are in no way responsible for any incorrect information or data and any technical or other inaccuracies provided by third parties that may be contained on the Website.

3.7. Should you decide to exercise your right to return the purchased products, we remind you that in the event that the returned products have been altered from their original condition or have been damaged (e.g. without a label or warranty seal), you should be liable for any diminished value of the goods unless their manipulation is necessary to establish the nature, features and functioning of the goods themselves.

3.8. All products are covered by the guarantee for lack of conformity, which shall last no less than 24 (twenty-four) months, provided limited to the Italian territory of the Vatican City State and the Republic of San Marino (“Legal guarantee of conformity for the goods of consumption”) provided for by Title III, Chapter I, Art. 128 and following of the Consumer Code (“Legislative Decree 6 September 2005, n.206”).

3.9. The guarantee, given for the duration indicated above and within the specified territory, applies to the product that has a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and whatever is specified in the technical documentation or directions for use attached to it. This guarantee is provided only to the Customer who is a Consumer. In the case of a lack of conformity, we will restore the conformity of the product at our expense by repairing / replacing or reducing the price, unless the contract is terminated if necessary.

3.10. Guarantee assistance is provided upon presentation of the invoice.

3.11. We reserve the right to replace the product (at our discretion also with a product of superior features) or to terminate the sales contract by returning the entire sum paid and any additional expenses should it be impossible to bring a product under guarantee back to its pristine condition or to replace it for any reason whatsoever.

3.12. We are not liable for any delays in carrying out repairs or replacements by third parties and / or the manufacturer.

3.13. In cases where the return of the product is required in order to benefit from the guarantee, the product must be returned in its original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, cables, etc. .. .).

3.14. We guarantee compliance with the quality standards regarding our products only up to the time of delivery. Any liability arising from improper use of the products after the time of delivery is excluded.

3.15. The Legal Guarantee referred to in the Consumer Code is reserved for customers defined as “Consumers”. Purchases made by Professional Customers are therefore excluded from the application of the Legal Guarantee. The latter will benefit from the guarantee for defects in the sold item pursuant to Art. 1490 and ss. cc; the action of the Professional Customer aimed at enforcing the guarantee for defects is foreseen after 1 (one) year from the delivery of the purchased Product and the respective defects must be reported within the terms defined in Art. 1495 of the Italian Civil Code.

4. Payments

4.1. Payment of the product price, any services and related transport contributions (where applicable), must be made using one of the procedures indicated in the online purchase phase.

4.2. In the case of payment by debit / credit card or PayPal, all related details (e.g. card number or expiration date) will be managed directly by the managers of these forms of online payment, without third parties having access to them. These details will not be used directly by Fog srl, except for those necessary to confirm the payment of the price. The purchase price for the products and related delivery fees, as indicated in the order confirmation, will be charged to the credit / debit card or PayPal at the same time as the order is confirmed. No supplement will be charged by Fog srl for payment by credit card.

4.3. Where, for any reason whatsoever, it is impossible to debit the amount due, the sales process will be automatically cancelled, and the sale will be terminated. You will be automatically informed by e-mail.

4.4. In the case of payment by financing, Fog srl is not responsible for the acceptance of the request made by the customer at the financing service provider. In this case, the acceptance and confirmation of the order is subject to the acceptance of the request for financing by the financing service provider. In the event that for any reason the request for financing is not accepted, Fog srl will cancel the order along with the communication received from the financing service provider.

5. Right of withdrawal

5.1 Right of withdrawal and return of products purchased through e-commerce.
You can return the products purchased from the online catalogue without any penalty and without specifying the reason, within fourteen (14) days of receipt of the purchased products. In any case, the customer undertakes to return the product by arranging the shipment and / or the relative return methods and being aware that the costs of returning the product are at his expense., The right of withdrawal can only be exercised by Consumers, or only by natural persons acting for purposes unrelated to their business or professional activity.

6. Privacy and Intellectual Property

6.1. You will find information on how we process your personal data by clicking on the Privacy Policy. If you have not yet read our Privacy Policy, we recommend that you read it, as it also contains important information about how we manage your personal information and, on the protection, and security systems of Fog srl. For more information on our Privacy Policy, please contact us via the Customer Service page or by writing to our registered office at Corso della Vittoria 1275 Caronno Pertusella (VA).

6.2 In the case of registration, you must carefully store and keep confidential the identifiers chosen by you in order to prevent access to the Site by unauthorized third parties. You will therefore be responsible for any use made by unauthorized third parties of your access credentials (User ID / Username and Password) as well as for any damage caused to Fog srl and / or to third parties, due to non-observance of the above.
You undertake to notify us immediately and in any case in writing of any unauthorized use of your identifiers by third parties and you will hold us harmless from any and all damages deriving from such abuse.

6.3. The iFog trademark, as well as all the figurative and non-figurative trademarks, images and illustrations present on the Site are and remain the exclusive property of Fog srl or its owners (hereinafter referred to as “protected property”). The modification, reproduction, publication, and transfer to third parties and / or other uses of the protected property without the prior written consent of Fog srl or its partners are therefore explicitly prohibited.

7. Applicable law and protection of rights

7.1. These General Terms and Conditions of Sale are governed by Italian law and in particular by the Italian Legislative Decree, 6 September 2005 no. 206 (and its recent amendments pursuant to Legislative Decree no. 21 of 21 February 2014 which entered into force on 13 June 2014) on distance contracts and by the Italian Legislative Decree of 9 April 2003 the no. 70 for aspects related to e-commerce.

7.2. If you are a Consumer Customer, pursuant to Articles 140 and 141 of the Consumer Code, you have the right to act to protect your interests through a consumer association or to promote an out-of-court settlement attempt for the resolution of any disputes. Alternatively, you have the right to promote an ordinary judgment for the resolution of disputes arising from the interpretation, execution and validity of these General Conditions.

7.3. If you are a Professional Customer, any purchase of products or services is governed exclusively by this Agreement, as well as by the provisions of the Italian Civil Code, although not provided herein.

8. Corrections and updates

8.1. The General Terms and Conditions of online Sale may be updated to make them compliant with new laws and regulations or for other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication.
8.2. Fog srl reserves the right to modify, limit or terminate the entity and functionality of the Website at any time. Although it is always our concern to provide our service without technical failures, any use may always be suspended due to maintenance work, new developments and / or other obstacles. Eventually this might cause data loss.