The offer of this online store is proposed by the company FORMA Srl in compliance with the current regulations on electronic commerce and distance contracts.
Company data:
Forma Srl
Via Tripoli 16
16043 – Chiavari
Genoa, Italy
VAT N° 02232550992
Phone :+39 0185 177 28 91 | Fax : +39.090.6255948
E-mail: info@formadesign.it
The Customer declares to have read all the aforementioned information and general conditions of sale before placing the order.
These general conditions govern the methods of sale of the products marketed by FORMA DESIGN.
All contracts for the sale of Products by FORMA DESIGN Srl to third parties (the “Customers”) are governed by these General Conditions, which form an integral and substantial part of any proposal, order and order confirmation for the purchase of the Products. The conditions of sale applicable to orders are those in force on the date of the order.
Unless otherwise indicated, the prices of the Products published on the site by FORMA DESIGN Srl are expressed in Euros and include VAT. Shipping costs are excluded.
Shipments outside the European Community (non-EU) are also net of any customs duties, which will be charged to the recipient and will be requested by the shipper during delivery.
The guaranteed price to the buyer is that published on the Site at the time the order is sent. The purchase price is fixed and final.
The prices of the Products published from time to time by FORMA DESIGN Srl on the site cancel and replace the previous ones and are subject to the actual availability of the Products.
The technical and functional characteristics relating to the Products, published by FORMA DESIGN Srl through its information messages on the internet pages describing the articles, are those communicated by the respective manufacturers. FORMA DESIGN Srl assumes no responsibility for the truthfulness and completeness of such information. The images of the products are indicative and not binding.
The Products are not provided on trial. Although FORMA DESIGN Srl operators can provide information on the characteristics of the Products, the Customer is responsible for the choice of the Products ordered and for the correspondence and conformity to their needs of the specifications indicated by each manufacturer.
Each order of Products sent to FORMA DESIGN Srl constitutes the Customer’s contractual proposal. The fulfillment of the order by FORMA DESIGN Srl is equivalent to confirmation and acceptance of the same.
The fiscal documentation relating to the ordered Products will be issued by FORMA DESIGN Srl at the time of shipment of the Products to the Customer.
The Customer must indicate the exact data necessary for billing and specify the shipping address of the invoice itself.
The order will be executed within the terms specified on the Site.
Once confirmed, the order can only be canceled within 24 hours, after which the customer is obliged to pay. In compliance with the relevant laws, the customer can still withdraw from the contract within 14 days, following our Return Policy (See point 9).
In case of non-execution of the order by FORMA DESIGN Srl (if the same is due to the unavailability of the Products ordered by the Customer), FORMA DESIGN Srl will as soon as possible inform the Customer of the expected delivery times for the supply of the Missing product. If the Customer does not intend to wait for this time, in any case not exceeding 30 working days, FORMA DESIGN Srl will reimburse any sums already paid by them for the supply not made.
In case of breakage, out of stock or unavailability of the ordered Product, FORMA DESIGN Srl undertakes to inform the Customer as soon as possible and to specify a deadline for availability.
The Customer will confirm his choice by e-mail, and attend for the availability of the Product or request a refund.
The start of the contract will take place only upon confirmation of the order by FORMA DESIGN Srl.
The Customer will receive by e-mail a notification of receipt showing the order confirmation with all the constituent elements of the contract (products, prices, delivery dates, shipping costs, …)
FORMA DESIGN Srl reserves the right not to confirm an order for any particular problem concerning the order received or the supply of Products.
The Products are delivered to the address indicated by the Customer.
The shipments will take place after receiving confirmation of the transaction by the circuit.
For our shipments we rely on the service of qualified express couriers such as Gruppo Poste Italiane, Bartolini, Ups, SDA, Nexive, DHL, FedEx, TNT or Couriers specialized in the delivery of furniture and furnishings to guarantee the quality of the service and the integrity of the Products.
The delivery of products available in our warehouses is made by express courier within 2 working days in Italy, within 5 working days in Europe, within 15 working days for all other destinations. In the case of large orders and / or particularly fragile products, the shipment is carried out by specialized couriers with delivery times that vary in relation to the volume and destination of the goods. The shipping term for an order containing items with different delivery times is equal to the longer shipping term for the items in the order. Within each product sheet, the availability times of the item from the time of order are indicated. To these must be added the standard shipping times or shipping by specialized courier indicated above, based on the destination and the volume of the order.
For example, a product not in stock, with availability equal to 2-3 weeks, will be available in logistics within a maximum of 3 weeks from the order confirmation. From the arrival of the goods in the warehouse, the standard shipping times will be calculated with delivery within 2 working days for Italy, 5 working days in Europe and 6 working days for all other destinations.
The shipping term for an order containing items with different delivery times is equal to the longer shipping term for the items in the order. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products, nor to claim compensation or compensation of any kind.
FORMA DESIGN Srl has the right to make, if it deems it appropriate, the request for delivery of the Products (also relating to the same order) in several successive phases.
The delivery is considered successful since the Product is delivered to the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods.
Standard deliveries are to be intended exclusively at street level with no collection of used items.
Special terms and conditions of delivery must be agreed in advance between the Customer and FORMA DESIGN Srl and accepted in writing by FORMA DESIGN Srl.
FORMA DESIGN Srl does not offer assembly services unless previously agreed in writing.
Most of our products travel pre-assembled: assembly is in most cases quite simple and consists in assembling pre-defined pieces.
Upon delivery, the Customer must check the content, compliance and status of the Product(s). Therefore, upon delivery, FORMA DESIGN Srl recommends that the Customer proceed to check the status of the Products delivered before signing the acknowledgment of receipt, and to ensure in particular:
– that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;
– that the packaging is intact, not damaged, wet or otherwise altered, and to check the integrity of the contents.
If the Customer finds anomalies, he is required to refuse delivery of the products or to put his reservations in writing in a detailed and dated document. If the courier’s document is signed without affixing any “reserve”, the Customer will not be able to make any objection about the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 24 hours of delivery.
FORMA DESIGN Srl has the right, at its sole discretion, to deliver the ordered Products by means of a courier of your choice.
For smaller objects, in case of absence of the recipient during the delivery, the carrier will leave a notice of passage. The Products must be collected at the address and in the manner indicated by the carrier.
In case of failure to collect within the term established by the carrier, the Products will be returned to FORMA DESIGN Srl, which reserves the right to refund the price of the Products, leaving the shipping costs on the Customer’s behalf.
In the event of an error regarding the Product, the Customer undertakes to return said Product or Products concerned to FORMA DESIGN Srl within 7 (seven) days of receipt, with the closed package, in their original state and packaging and with the accompanying documents.
Once the Product has been received in the correct form and manner, FORMA DESIGN Srl will return the Product originally ordered at its own expense.
In addition to those normally considered by the jurisprudence, the following cases are explicitly considered as cases of force majeure: total or partial strikes, internal or external to the company, the blocking of means of transport or supply for any reason, governmental or legal restrictions, computer failures, blocking of telecommunications including networks and in particular the internet.
In the event of force majeure, the execution of the order will be suspended, initially, in full law.
If after a period of 3 (three) months and the parties ascertain the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both parties.
FORMA DESIGN Srl guarantees only the material integrity of the Products at the time of delivery (hereinafter, the “FORMA DESIGN Srl Guarantee”).
Any defects covered by the FORMA DESIGN Srl Warranty must be reported by the Customer, under penalty of forfeiture, no later than 10 (ten) days from the date of delivery. In the event of the FORMA DESIGN Srl Guarantee being valid, the Customer will be entitled to obtain the replacement of the damaged Products. The shipping costs necessary for the replacement of Products are borne by FORMA DESIGN Srl.
Without prejudice to the provisions of article 8.1 above, FORMA DESIGN Srl does not provide any further guarantee on the Products with respect to that provided by the individual Manufacturers. Technical assistance and warranty interventions on the Products are carried out, where provided, by the individual Manufacturers, according to the terms and methods indicated in the documentation attached to the Products themselves. In particular, FORMA DESIGN Srl does not provide any guarantee regarding the compatibility of the Products with other Products or equipment used by the Customer, nor does it provide any guarantee regarding the suitability of the Products for the specific use intended by the Customer.
Without prejudice to the hypothesis of willful misconduct or gross negligence of FORMA DESIGN Srl it is henceforth agreed that, if FORMA DESIGN Srl is ascertained for any reason whatsoever towards the Customer – including the case of total or partial non-fulfillment , to the obligations assumed by FORMA DESIGN Srl towards the Customer as a result of the execution of an order – the responsibility of FORMA DESIGN Srl cannot exceed the price of the Products purchased by the Customer and for which the dispute arose.
Pursuant to art. 5 of Italian Legislative Decree 22 May 1999 n. 185, the Customer (if he qualifies as a “consumer” pursuant to article 1 letter b) of Italian Legislative Decree 22 May 1999 n. 185) has the right to withdraw from the contract and to return the Products ordered, without any penalty and without specifying the reason, within 14 (fourteen) days from receipt of the Products.
The right of withdrawal referred to in Article 9.1 above can be exercised by the Customer, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform us by means of an explicit declaration, no later than the times indicated above to the following address:
Forma Srl
16043 Chiavari, Ge – Italy
VAT N° 02232550992
Phone :+39 0185 177 28 91 | Fax : +39.090.6255948
E-mail: info@formadesign.it
To this end, you can use themodel withdrawal formthat you will get on request.
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
By withdrawing from the contract, the Customer will be reimbursed for all payments made to us, including delivery costs (with the exception of additional costs arising from the choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day on which we are informed of the decision to withdraw from this contract.
These refunds will be made using the same payment method used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, it will not have to incur any costs as a consequence of this reimbursement.
The reimbursement may be suspended until the goods are received by FORMA DESIGN.
Returned goods must be returned or delivered to us at the address previously indicated:Forma Srl 16043 Chiavari, Ge – Italy without undue delay and in any case within 14 days from the day on which the Customer communicated his withdrawal from this contract. The deadline is met if the goods are sent back before the 14 day period has expired. The direct costs of returning the goods will be borne by the customer.
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, characteristics and functioning of the goods. The returned goods must be returned in resalable conditions.
The right of withdrawal referred to in article 9.1 above cannot be exercised by the Customer in the event that the Products purchased have been made according to the Customer’s requests, are customized, or may deteriorate or expire rapidly.
Forma Srl recommends the Customer to:
– check the status of the Products delivered before signing the acknowledgment of receipt, and in particular that the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;
– check that the packaging is intact, not damaged, wet or otherwise altered;
– check the integrity of the content.
If any discrepancies are found, the Customer may refuse to accept the package by signing his refusal.
The payment of the consideration is due at the time of the order. The Customer undertakes to pay the agreed price for the Product ordered on the Site (price of the Products and transport) as well as, if necessary, to pay or have the VAT or other taxes relating to the import paid directly to the courier or carrier of the Products in the countries where the delivery will take place.
The Customer pays the order:
– by credit card as proposed on the Site. The Customer guarantees FORMA DESIGN Srl that he has the necessary authorizations to use the card payment method when ordering;
– or by bank transfer in favor of FORMA DESIGN Srl. In case of non-receipt by FORMA DESIGN Srl of the transfer within 14 days following the confirmation of the order, FORMA DESIGN Srl reserves the right to cancel the order. The bank details are provided at the time of the order;
– or by immediate bank transfer;
– or through Paypal and Satispay, Google Pay, Apple Pay.
The Customer guarantees FORMA DESIGN Srl that he has the necessary authorizations to use the Paypal payment method when ordering.
The ordered Products remain the property of FORMA DESIGN Srl until the final and full payment of their price (pursuant to Art. 1523 and following of the Civil Code) FORMA DESIGN Srl reserves the right to claim the ordered Products in case of non-payment. In this case and at the request of FORMA DESIGN Srl, the Customer undertakes to return any unpaid Product, at his own expense.
Complaints for non-compliance of the Product or Products delivered with the order must be sent in writing directly to FORMA DESIGN Srl, immediately after receipt of the goods. We advise the Customer to keep the original packaging and the delivery document.
The computerized processing of the information, including the management of the e-mail addresses of the users of the site, is carried out in accordance with the provisions of the law. The nominative information requested from the Customer is essential for the processing and forwarding of orders, the creation of invoices and any warranty contracts. For this purpose, such information may be disclosed to the contractual partners of FORMA DESIGN Srl.
The Customer can oppose such communication and in accordance with the law he avails himself of the right of access, modification, rectification and cancellation of the data concerning him by contacting FORMA DESIGN Srl. To avoid any attempt of fraud, FORMA DESIGN Srl may ask you for proof of your identity, of your domicile.
The “validation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
For FORMA DESIGN Srl the fact of not asserting a lack on the part of the Customer with respect to any of its obligations, cannot be interpreted as a waiver of the obligation in question and the possibility of asserting this lack at a later time.
These general conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the Customer may enter or be outside these general conditions.
FORMA DESIGN Srl is the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the catalog of the online store, consequently, the partial or total reproduction, on any type of support, of the elements that make up the Site and the catalog, their use as well as their transfer to third parties are formally prohibited.
If one or more provisions of these general conditions are considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value.
In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined pursuant to Article 1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute related to these General Conditions will be devolved to the exclusive jurisdiction of the Court of Genoa.
Pursuant to and for the purposes of articles 1341 and 1342 of the civil code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the FORMA DESIGN Srl General Conditions of Sale: 1-2-3-4-5 -6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.