Terms and conditions of use

TERMS AND CONDITIONS

GENERAL COMMERCIAL TERMS AND CONDITIONS OF FOMS SRL AND THE RIGHT OF WITHDRAWAL INFORMATION

§ 1 General Information

1. FOMS s.r.l. operates course bookings at http://www.formsa.it. As the owner and administrator of the site, FOMS s.r.l. is also a contracting party for all legal and natural persons who wish to purchase goods in this manner.

2. All relations arising from the contract between FOMS s.r.l. and the customer are governed by the general commercial terms and conditions of FOMS s.r.l. Exceptions are considered only if previously agreed upon in writing between FOMS s.r.l. and the customer or explicitly defined in these general sales conditions of FOMS s.r.l. Verbal commitments from the offeror, its representatives, or other authorized persons require written confirmation from FOMS s.r.l. to be reliable.

3. The customer agrees to provide complete and truthful data (name, surname, residence, etc.) in the order form. If false data is provided, the customer is responsible for any resulting damages.

4. If one of the clauses of the sales conditions is or becomes invalid, the validity of the remaining clauses is not affected.

§ 2 User Registration

1. Registration in the system is free and occurs at the time of purchase. The customer does not have the right to request access to our system. Purchases can only be made by fully capable persons. The customer agrees to provide a copy of their identity card upon request. To gain access, the electronic application form must be completed, and during booking, complete and truthful data must be provided. During registration, a username and password must be chosen. The username should not infringe on third-party rights or other nominal or trademark rights and should not conflict with decency norms. The customer agrees not to disclose their password to third parties.

2. In addition to accepting these general commercial terms, registration does not involve any other obligation. The subscription can be canceled at any time.

3. In case of changes to personal data, the customer must update them independently. All changes are possible only after registering online in the "My Account" section.

§ 4 Payment

1. Payment for goods can be made via PayPal, Amazon Pay, Credit Card, or bank transfer.

2. We assume no responsibility for sending cash.

3. FOMS s.r.l. reserves the right, in individual cases, to accept or reject certain forms of payment.

4. In case of late payment by the customer, they agree to take responsibility for non-compliance. The customer assumes responsibility for the service even if the damage occurs within the established terms. Claims are not excluded if further damage occurs.

§ 4 Shipping

1. Goods are shipped until stocks are exhausted. If it is not possible to supply a product or group of products, FOMS s.r.l. commits to inform its customers immediately. If the customer has already paid for the goods, the equivalent amount will be refunded immediately.

2. Delivery is made by shipping the goods to the address indicated by the customer. The order processing time is usually 3-5 working days from the confirmation of full payment. Unless other agreements are made, these data are not binding.

3. The base price of the delivered goods is supplemented by shipping and ordering costs indicated in the online order. If the customer requests a particular type of shipment that involves higher costs, they also agree to bear them. Packaging and shipping costs vary from country to country and are valid only on the mainland. For islands, additional expenses are mandatory and must be inquired about in advance.

4. Transport packaging and other packaging are not returnable, according to packaging regulations. The contract party agrees to dispose of the packaging at their own expense.

5. Shipping costs are calculated at a flat rate for each ordered product, regardless of the value and quantity of the order.

6. It is possible to request international shipments; in this case, the shipping cost will be recalculated based on the destination country.

7. In case of delivery of goods that, due to our fault, do not meet the contract conditions, the customer agrees to grant us another term of 2 weeks to fulfill the order. In other cases, the customer does not have the right to withdraw from the contract.

§ 6 Damage Occurring During Transport

1. Goods delivered to the customer with visible damage to packaging or content must be claimed to the shipper/carrier. The acceptance of such products must be refused, and FOMS s.r.l. must be contacted immediately by email, fax, or mail.

2. In case of hidden defects, FOMS s.r.l. must be informed immediately.

3. Shortening the statutory deadlines for filing damage claims is not related to these regulations.

§ 7 Limitation of Liability

1. Considering the current state of technology, we cannot guarantee absolutely perfect and always accessible communication via the Internet. We are not responsible for continuous access to our online system or for technical and electronic errors occurring during purchases and beyond our control, especially for delays in processing or receiving orders.

2. FOMS s.r.l. provides links to other websites on its web pages. For all these links, the following rule applies: FOMS s.r.l. explicitly declares that it has no influence on the appearance and content of these sites. Therefore, FOMS s.r.l. declares that it does not treat the sites whose links appear on mammamiaabbigliamento.it as its property. This declaration applies to all present links and their content.

§ 8 Right of Withdrawal

In accordance with Legislative Decree 206/2005, the buyer has the right to withdraw from the order within ten days (14 days) from the date of receipt of the ordered goods, in written form (via email) sent to the following address: info@formsa.it.

In case of exercising the right of withdrawal, the goods must be returned to the seller at the address specified by us via email.

By exercising the right of withdrawal, the buyer will receive a refund of the full amount paid for the goods only, excluding the initial shipping costs. Additionally, the shipping costs for returning the goods to the sender will be borne by the buyer. The refund will be made within 7 working days from the date of receipt of the goods or from the day the shipment number is communicated (if it is an online trackable shipment). For any further information regarding the right of withdrawal, please contact our customer service directly at info@formsa.it.

§ 9 Warranty

1. The validity period of this warranty is two years. In legal actions where the consumer is not involved or in the case of the purchase of used items, the warranty lasts one year.

2. FOMS s.r.l. does not take responsibility for differences between the characteristics chosen at the time of purchase and the customer's purchase intention.

3. For the production of products offered by FOMS s.r.l., materials available in this sector are used, and liability applies only for the average duration of a given product.

4. The customer agrees to submit written complaints regarding incorrect deliveries or visible defects within two weeks from the delivery of the goods by email, fax, or mail.

5. The warranty period is 15 days and starts from the day the customer receives the goods.

6. If the purchase of goods is a commercial transaction for both parties, the customer is required to check the goods immediately after receipt whenever possible. If defects are found, the customer should report them promptly. If no defect is reported, the goods are considered accepted, except for any defects not visible during the inspection. If the defect is discovered later, it must be reported immediately after its discovery; otherwise, the goods are considered accepted. These provisions do not apply in case the defect has been fraudulently concealed; to obtain consumer rights, it is sufficient to send the defect information within the specified term.

7. If FOMS s.r.l. sends the customer, as a supplement to the delivery, goods without defects, it can request the return of the defective goods.

8. Damages caused by incorrect or non-compliant operations by the customer during installation, connection, service, or storage of the goods do not entitle to claims against Mammamia di Lucia Buonocore. Incorrect or non-compliant operations are defined in the information provided by the manufacturer of the goods.

§ 10 Retention of Title

1. The delivered goods remain the property of Mammamia di Lucia Buonocore until the full payment of the total amount due.

2. When the customer sells goods that are the property of Mammamia di Lucia Buonocore, they agree to assume responsibility for claims arising from the retention of title.

3. The customer agrees to immediately report any third-party attempts to intercept goods owned by FOMS s.r.l.

4. Pledging, transferring ownership, etc., concerning the goods owned by the company is possible with prior authorization from FOMS s.r.l.

5. If the customer, in breach of contract provisions, is late with payment and, after receiving reminders, does not make the due payment, they agree to return the goods to Mammamia di Lucia Buonocore. The costs for returning the goods are borne by the customer.

§ 11 Refund Policy

Possible cancellation of registration, with a 50% refund of the registration fee already paid, is possible up to 30 calendar days before the course date, through written communication to the organizational secretariat info@formsa.it. If the cancellation of registration is not communicated within these terms, no refund will be provided. It is possible to replace participant names at any time.

§ 12 Withdrawal

1. FOMS s.r.l. has the right to withdraw if part of the delivery or service has not been realized due to the provision of false data regarding the customer's creditworthiness, or if there are objective conditions of uncertainty about the customer's financial liquidity, and despite FOMS s.r.l.'s intimations