Terms and Conditions of Sale
1.1 These general conditions of sale (hereinafter, “General Conditions“) govern all sales of Foho Luxe S.r.l. products (hereinafter, “Products“) concluded on the website www.acquaspartafirenze.com (hereinafter, “Site“).
1.3 The language used for the conclusion of sales contracts through the Site is Italian.
1.4 Sales may only be made to parties resident, domiciled or headquartered in the territories of member countries of the European Union (hereinafter “Territories“). Delivery of Products under Article 5 below may in any case be made only in the Territories.
1.5 Individuals who purchase Products on the Site (hereinafter, “Customers“) are required to read the Terms and Conditions carefully before making a purchase. These General Conditions may be stored or printed by the Customer through the tools made available by the Internet browser or through the use of other computer or electronic methods and/or software.
2. Identification of the seller
The seller is Foho Luxe S.r.l., with registered office at Via Filippo Turati no. 29, 20121 – Milan (Italy), C.F./P.IVA 12327080961 (hereinafter “Seller“).
3. Method of purchase and conclusion of the contract
3.1 Before sending an order proposal through the Site, the Customer is required to carefully read all instructions provided during the purchase process, the privacy policy as well as these General Terms and Conditions. The Customer is also responsible for ensuring that he or she has an adequate connection to the Site. In no event shall Seller be liable for any errors in the completion of the purchase process resulting from the failure of Customer’s connection to the Site or any other incorrect or unsuitable use of the Site by Customers. The Seller is also not responsible for damages or delays resulting from interruptions or malfunctions of the Site due to force majeure events or unforeseeable events beyond the Seller’s control.
3.2 Information about individual Products, their main features and price is available on the Site. The graphical representation of the Products displayed on the Site may not be perfectly representative of its actual characteristics (partly because of the device, browser and monitor used by the Customer to access the Site).
3.3. To submit a proposal to purchase Products on the Site, the Customer must follow the steps below:
(i) click on the image of the Product you wish to purchase and choose a size. The ability to customize the Product will be specially noted on the Product page. Then follow the instructions given on the Site for customization;
(ii) place the selected Product in the “Shopping Cart” by clicking on the appropriate “add to cart” button;
(iii) Click on the icon in the upper right corner, then click on the “payment” button. Complete the order proposal by entering the data required by the forms on billing, shipping and payment;
(iv) Select the mode of payment;
(v) Accept the General Terms and Conditions by clicking on the appropriate box;
(vi) transmit the proposed order to the seller through the Site.
3.4 Before submitting the order proposal, the Customer has the opportunity to make any corrections/changes to the data entered by following the appropriate procedure indicated on the Site. The order proposal cannot be changed or cancelled after it has been submitted. To change or cancel the proposed order, the Customer will be required to contact the Seller as soon as possible. In the latter case, however, the Seller does not guarantee that the proposed order can be changed or cancelled. If it is not possible to change or cancel an order, the Customer may make a return according to the terms, conditions, and procedures set forth in Article 6, or a size exchange under the conditions set forth in Article 7.
3.5 The transmission of the order proposal constitutes a purchase proposal relating to the selected Products. The purchase proposal is governed by both the special conditions stated in the proposal and these General Conditions, which supplement the special conditions stated in the proposal. The proposed order is binding on the Customer, subject to the right of withdrawal provided in Article 6 below. The Customer’s transmission of the order proposal entails the Customer’s obligation to pay the price of the Products ordered.
3.6 The Seller may, at its own discretion, accept or reject the proposed order within 30 (thirty) days of receipt thereof. The Seller may reject a proposed order, by way of example but not limited to, in the following cases:
(i) in case of non-payment of the price of the Products;
(ii) in case of non-availability of the Products; or
(iii) where there is a report, or suspicion, of fraudulent or illegal activity, including suspicion that purchases are being made for commercial purposes or by underage Customers; or
(iv) in the event that the Customer fails to fulfill its obligations under a previous contract concluded with the Seller.
In case of rejection of the order proposal, the Seller will refund the Customer the price and any shipping costs within 14 (fourteen) working days from the date of sending the order proposal and subject to the technical timing of the credit institutions involved in the transaction.
3.7 The contract between the Seller and the Customer is concluded when the Customer receives the Seller’s confirmation of acceptance of the proposed order (hereinafter, “Order Confirmation“). Seller’s acceptance or rejection of the proposed order will be transmitted to Customer at the e-mail address provided by Customer in the proposed order. The form with the order proposal and the Order Confirmation will be retained for the period of time required by applicable law, as provided in the privacy policy, and the Customer may request a copy from the Seller at any time.
3.8 In case of non-availability of one or more ordered Products, the Customer will be notified by e-mail. In such an event, the proposed order is cancelled or accepted limited to the Products available. In case of partial acceptance, the Seller shall refund to the Customer the price related to the Products not available under Article 3.6 above.
3.9 The Order Confirmation will contain the order number, description and details of the Product purchased, data on the shipping of the Product, data on the payment method used as well as links to the General Terms and Conditions and privacy policy. Together with the Order Confirmation, the Seller will send the Customer a receipt or, if requested by the Customer, an invoice for the purchase, containing details of the price paid and any Product shipping charges.
4.1 The price of the Products shown on the Site is in Euros and includes all applicable taxes or duties. Any shipping costs are indicated on the Site during the purchase process. Any price increase for Product customization will be reported on the Site.
4.2 Seller reserves the right, in its sole and unquestionable discretion, to offer discounts and/or offers on all or part of the Products on the Site, for a limited period of time. The conditions of such discounts and/or offers are from time to time indicated on the Site. Each discount and/or offer will be valid until the set expiration date or, if applicable, while supplies last. If the discount and/or offer are subject to time limits, the time indicated refers to the Seller’s time zone, as per the address given in Article 2 of the General Conditions.
4.3 The Customer may make payment of the consideration for the Products contained in the order proposal and shipping charges, if any, by the following credit cards and payment methods: (i) Visa, (ii) Master, (iii) Mastercard, (iv) American Express, (v) PayPal, (vi) Google Pay, (vii) Apple Pay.
4.4 Payment shall be made upon completion of the procedure for submitting an order proposal. Failure to do so will make it impossible to finalize the order proposal submission process.
4.5 For each order transmitted by the Customer, the Seller will issue appropriate receipt, which will be transmitted to the Customer by e-mail. The Seller will issue an invoice at the express request of the Customer, who for this purpose must select the appropriate item at the stage of filling out the order proposal and filling in all the necessary data. The invoice will be issued based on the information provided by the Customer at the time of the order. No changes to the invoice are allowed after it has been issued.
4.6 For all purchases made using the cash on delivery payment method, a fixed surcharge of Euro 10.00 will be applied to shipping costs, regardless of whether there are any promotions or in case of free shipping.
Cash on delivery is accepted only. We recommend that you provide the exact amount of your order at the time of delivery to facilitate the payment process. Please keep in mind that, upon delivery, the total amount due includes both the cost of the items ordered and the additional charge of Euro 10.00 for cash on delivery payment.
5. Transportation and delivery
5.1 The purchased Products will be delivered, by courier selected by the Seller (hereinafter, “Courier“), on business days and to the address indicated by the Customer in the order proposal, provided that it is located within the Territories.
5.2 In case of non-collection, the Products will be returned to the Seller, who will refund to the Customer the price of the Products, but not the shipping cost incurred, if any. It is understood that the Seller is not responsible for delivery errors due to inaccuracies or incompleteness in the completion of the order proposal by the Customer.
5.3 Except in cases of force majeure or unforeseeable circumstances, deliveries will be made within a few days and in any case within 30 (thirty) days from the date the Order Confirmation is sent to the Customer. In case of non-delivery within the aforesaid time limit, the Customer shall invite the Seller to make delivery within an additional time limit appropriate to the circumstances. If this additional period expires without the Products having been delivered, the Customer may terminate the contract and the Seller will refund without delay the price and any delivery costs incurred by the Customer.
5.4 The Seller will send the Customer a shipping confirmation email following the shipment of the Products, as well as a second email confirming that the Products have been delivered.
5.5 At the time of delivery, the Customer (or its delegate) shall: (i) Check that the number of packages being delivered matches the number indicated on the delivery note; (ii) Check that the packaging and its seals are intact, undamaged, not wet or altered in any way; (iii) sign the delivery document; and (iv) if requested by the Courier, show proof of identity. Any damage to the packaging and/or Products or mismatch in the number of packages or markings must be immediately objected to in writing on the Courier’s delivery note. Once the Courier’s document has been signed with no exceptions raised by the Customer, the Customer may not raise any objection as to the external characteristics of the delivered package; subject to the provisions of Article 8 below.
5.6 The risk of loss of or damage to the Products transfers to the Customer at the time the Customer (or a third party designated by the Customer) takes physical possession of the Products.
6.1 The Customer has the right to withdraw from the purchase contract for any reason whatsoever, without the need to give reasons and without any cost or penalty, no later than 14 (fourteen) days from the date of delivery of the Products to the Customer or the Customer’s proxy at the address indicated in the order proposal.
6.2 To exercise the right of withdrawal under Article 6.1 above, the Customer shall follow the following steps:
(i) if the Customer is a registered user of the Site, log into My Account and enter the Order History detail. Next to the Product to be returned, click on the “REQUEST RETURN” option;
(ii) if the Customer is not a registered user of the Site, contact customer service via our WhatsApp chat or by sending an email to the contact details set out in Article 14 below, explicitly requesting that the Customer wishes to exercise the right of withdrawal;
(iii) the registered or unregistered Customer may also directly click on the “Exchanges and Returns” section on the Site, click on the “RETURN” button, fill in the form with the required data, and finally click on “SEND.”
The deadline for exercising the right of withdrawal under Article 6.1 above shall be deemed to have been met where the notice of withdrawal is sent by one of the following methods (i), (ii) or (iii) above before the expiration of the 14-day period.
6.3 In the event that the right of withdrawal is exercised, the Customer shall return the Products to the Seller no later than 14 (fourteen) days from the date on which the withdrawal was communicated. To this end, the Client must perform the following steps: (i) Pack the Product in the original box with which it was delivered, (ii) attach the prepaid return label that was delivered with the Product, taking care to cover any other previous labels and delivery information, (iii) contact the Courier appearing on the label to arrange Product pickup at the Customer’s home. This method of return will be the responsibility of the Seller and will not incur any cost to the Customer. If the Customer decides to return the Products by using other methods, all costs and risks will remain the sole responsibility of the Customer. In any case, the deadline is met if the Customer returns the Products before the expiration of the 14 (fourteen) day period.
6.4 The Product must be returned undamaged, together with its original packaging (including any accessories, labels, tags, seals, etc.), and possibly used for the time strictly necessary to establish and verify its nature, characteristics and size, according to normal diligence, without any signs of wear and tear or dirt.
6.5. The right of withdrawal may apply to the purchased Product in its entirety; it is not possible to exercise withdrawal only on part of the purchased Product or its accessories.
6.6 The Seller will refund the Customer the full amount paid for the purchase of the Product within 14 (fourteen) days from the date on which the exercise of the right of withdrawal was communicated. The Seller may withhold the refund until receipt of the returned Product or until the Customer demonstrates that it has properly returned the Product, whichever is earlier.
6.7 Unless otherwise agreed, the Seller will refund to the Customer the full amount paid using the same means of payment used by the Customer.
6.8 After the return of the Product, the Seller will make the necessary verifications regarding the state of the same as well as compliance with these General Conditions and, if the verifications are not concluded positively, will notify the Customer, by e-mail, of the existence of a decrease in the value of the returned Products, resulting from the non-compliance with the above-mentioned conditions. At the same time, the Seller will notify the amount that will be deducted from the refund, without prejudice to the possibility, alternatively, for the Customer to re-obtain, at its expense, the Product in the state in which it had been returned to the Seller.
6.9 In the event of forfeiture for any reason of the right of withdrawal, the Seller will return the purchased Product to the Customer, charging the shipping costs and, where already refunded, the price of the Product.
6.10 The right of withdrawal does not apply to orders for customized Products in the manner set forth in Article 3.3(i) above.
7.1 Subject to the provisions of Articles 6 and 8 of these General Terms and Conditions and excluding customized Products in accordance with Article 3.3(i), the Customer may request to change the size of the Product originally purchased at no additional cost and in accordance with the terms and conditions set forth in this Article.
7.2 To request a size change, the Customer must access the “Changes and Returns” section on the Site, click on the “SIZE CHANGE” button, fill out the form with the required data and click on “SEND” no later than 14 (fourteen) days from the date of delivery of the original Product.
7.3 After submitting the size change request, Customer shall return the Product to Seller no later than 14 (fourteen) days from the date the size change request was sent. For this purpose, he/she shall deliver the Product within the same package with which it was delivered and shall use the Courier chosen by the Seller, following the instructions contained in the “Exchanges and Returns” page on the Site. There are no shipping costs charged to the Customer.
7.4 The Product must be returned undamaged, together with its original packaging (including any accessories, labels, tags, seals, etc.), and possibly used for the time strictly necessary to establish and verify its nature, characteristics and size, according to normal diligence, without any signs of wear and tear or dirt.
7.5 The Seller, having verified the availability of the requested size and compliance with the conditions provided in this Article for the size change, will send the Customer a message confirming the size change and will send the Product within a few days, and in any case within 30 (thirty) days from the date of receipt of the original Product or from the receipt of the proof of delivery of the Product to be returned to the Courier, whichever is earlier.
7.6 If the new size is not available, the Seller will notify the Customer of the unavailability of the requested Product and ask the Customer to confirm whether it intends to withdraw from the contract in accordance with Article 6 above or to receive the original Product. In the event that the right of withdrawal is exercised or in the event that the Customer does not express a choice within and no later than 7 (seven) days from the aforesaid notice, the Customer’s silence shall count as withdrawal from the contract and the Seller shall refund to the Customer the price paid for the purchase of the Product within the next 14 (fourteen) days. In the event, on the other hand, that the Customer communicates that he/she wishes to receive the original Product, the Seller will return the Product to the Customer in accordance with the terms and conditions set forth in Article 5 of the General Conditions.
7.7 Where the Seller, as a result of the checks, finds a decrease in the value of the returned Product due to its use not in accordance with these General Conditions, the Seller will notify the Customer, by e-mail, of the decrease in the value of the Product and the inability to proceed with the size exchange. The Seller will accordingly send the original Product back to the Customer.
8. Warranty for conformity defects
8.1. In favor of Customers who purchase as “consumers” under Art. 3(1)(a), Leg. 206/2005, the following provisions apply:
8.1.1 The Seller shall be liable for conformity defects (within the meaning of Legislative Decree 206/2005) existing at the time of delivery of the Product and those which become apparent within 24 (twenty-four) months after delivery of the Product.
8.1.2 The Customer shall notify the Seller of the lack of conformity without delay after the discovery of the defect, providing an accurate description of the defect. The action aimed at asserting conformity defects shall be prescribed within the term of 26 (twenty-six) months from the delivery of the Product.
8.1.3. If a lack of conformity is established, the Customer shall have the right to obtain, at the Customer’s option and at Seller’s expense, repair or replacement of the Product, provided that the remedy chosen is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Seller. The Seller may in any case refuse to repair or replace the Product if these remedies are impossible or incur disproportionate costs to the Seller.
8.1.4. The Customer is entitled to a proportional reduction of the price paid for the purchase of the Product or termination of the contract in the following cases:
(i) repair or replacement of the Product is not possible or incurs disproportionate costs to the Seller or the Seller refuses or otherwise fails to repair or replace the Product within a reasonable period of time or without significant inconvenience to the Customer;
(ii) if a lack of conformity becomes apparent despite the Seller’s attempt to restore the Product’s conformity;
(iii) If the lack of conformity is so serious as to warrant immediate price reduction or termination of the contract;
8.1.5 The price reduction is proportional to the decrease in value of the Product compared to the value it would have had if it had been compliant.
8.1.6 The right to terminate the contract is exercised by a declaration of the Customer transmitted by email to the Seller containing the manifestation of willingness to terminate the contract and provided that it contains all data relating to the contract for the purposes of its identifiability.
8.1.7 If the lack of conformity relates only to some of the Products delivered under the contract, the Customer may terminate the contract limited to the non-conforming Products and the Products purchased together with the non-conforming Products when the Customer’s interest in retaining the non-defective Products cannot be reasonably presumed.
8.1.8 If the right to terminate the contract is exercised, the Customer shall return the Product to the Seller at the Seller’s expense, and the Seller shall refund to the Customer the price and expenses paid upon receipt of the Product or after receiving proof of shipment of the Product.
8.1.9. The Customer has no right to terminate the contract if the lack of conformity is minor.
8.2 For non-consumer Customers, the terms, conditions and in general the ordinary rules of the Civil Code regarding defects shall apply.
The Seller reserves the right to assign the contract concluded with the Customer or to assign all or some of its rights or obligations arising from the concluded contract and these General Terms and Conditions, without any diminution of the Customer’s rights. The Customer may not assign the contract or the rights or obligations under the contract and these General Terms and Conditions in any way without the prior written consent of the Seller.
10. Changes to the General Conditions
The Seller reserves the right to make changes to these Terms and Conditions at any time. These changes will be effective from the time they are posted on the Site.
For information on the processing of Customers’ personal data, please refer to the privacy policy posted on the Site.
12. Intellectual and industrial property rights
All trademarks, whether figurative, named and/or shaped or otherwise, on the Site, the Products, their accessories and/or packaging, as well as all names, illustrations, images, logos, signs, content and, more generally, all intellectual and/or industrial property rights relating to the Products, the Site and/or Seller are and shall remain the exclusive property of Seller or its licensors and are protected by law. All trademarks and other marks, names, logos, images, illustrations and content published on the Site concerning third parties are and remain the exclusive property or availability of said third parties and their licensors and are protected by law.
13. Applicable Law and Jurisdiction
13.1 Italian law applies to these General Terms and Conditions and to contracts concluded with Customers.
13.2 Any dispute arising out of or otherwise connected with the interpretation, validity, execution and/or termination of these General Terms and Conditions and/or the contract concluded with the Customer shall be submitted to the jurisdiction of the court of the place of residence or domicile of the Customer, if the Customer is a “consumer” within the meaning of Art. 3(1)(a) of Leg. 206/2005. This is without prejudice to the right of the “consumer” Customer to pursue an out-of-court dispute resolution procedure provided for in Legislative Decree. 206/2005.
13.3 Alternatively, the “consumer” Customer residing in Europe, Norway, Iceland or Liechtenstein may choose to access the platform for out-of-court dispute resolution provided by the European Commission, found at http://ec.europa.eu/odr.
13.4 If the Customer is not a “consumer” within the meaning of Art. 3, paragraph 1, lett. a of Legislative Decree 206/2005, the disputes mentioned in Article 13.2 above are devolved to the exclusive jurisdiction of the Court of Milan.
14. Contacts for complaint and inquiries
For information, assistance and complaint, the Customer may contact the Seller at the following contact details:
Foho Luxe Ltd.
Email: servizioclienti@acquaspartafirenze.com;
WhatsApp: +39 331 1295 293 (chat only).
