Terms and Conditions
General Conditions of Contract for Online Sales
These general conditions of sale govern the sale between Fortune Srl – Registered office: Via Andrea Fantoni, 5, 24121, Bergamo (BG), VAT number: 04470310162 – and the Customer in relation to the Products marketed by the Seller on the Website.
If the Customer is interested in purchasing, he/she is invited to carefully read these General Conditions of Sale before purchasing the Products on the Website. By purchasing the Products through the Website, the Customer declares to have read and expressly approve these General Conditions of Sale. The description of the Products is shown on the technical sheet relating to each Product published on the Website. It is suggested to print a copy of these General Conditions of Sale and/or to save them for any future need.
1. Definitions
1.1. For the purposes of these General Contract Conditions, the following terms shall have the meaning attributed below:
- Salesperson: Fortune Srl, with registered office in (24121) Bergamo, via Andrea Fantoni n. 5.
- Consumer: any natural person who purchases the Products for purposes not related to any commercial, entrepreneurial or professional activity carried out.
- Customer: the person who purchases the Products from the Seller, whether a Consumer or a professional.
- Products: Pilates machines and equipment sold on the e-commerce channel of the Website.
- Website: the website www.rybreformer.com and/or through which the online sale of the Products takes place.
2. Object of the Contract
2.1. These General Contract Conditions regulate the sale of Products via the Website by the Seller to Customers.
3. Acceptance of the General Conditions
3.1. Sending an order through the Website implies full acceptance of these General Contract Conditions.
3.2. The Customer is required to carefully read the General Conditions available on the Website before placing an order.
4. Purchase Methods and Contract Conclusion
4.1. The Customer selects the Products via the Website and adds them to the virtual cart.
4.2. After completing the order procedure and confirming the payment, the Customer will receive a confirmation email from the Seller. This email represents the acceptance of the order and the conclusion of the sales contract.
5. Prices and Payments
5.1. All prices indicated on the Website are in Euros and include applicable VAT.
5.2. Shipping costs, if any, are indicated separately during the purchase process.
5.3. Payment can be made by credit card, PayPal, bank transfer or other methods indicated on the Website.
5.4. Payment can be made in two installments of 50% each, the first to be paid upon confirmation of the order and the second to be paid before shipping of the purchased Products.
6. Delivery of Products
6.1. The delivery of the Products will be made to the Seller's warehouse, or to the address indicated by the Customer at the time of the order ex warehouse; therefore the Products travel at the Customer's risk from the moment they are made available for transport to the Seller's warehouses;
6.2. Delivery times are indicated during the purchase of the Product and may vary based on the availability of the Products and the destination.
6.3. The Seller shall not be liable for delays beyond its control or for reasons of force majeure.
6.4. The Products will be delivered in wooden crates and will be semi-assembled or fully assembled depending on the models. In the first case, the completion of the assembly, by the customer, will be accompanied by a kit. On the site there will be videos for assembly instructions.
6.5. Upon receipt of the goods, the Customer is responsible for checking the integrity of the packaging and the correspondence of the number of packages with that indicated on the transport documents. If the packages are damaged or in lower number, the recipient must express reservations to the carrier in writing on the transport document.
7. Use of the machinery
7.1. It is recommended to use the Products barefoot and exclusively to people with Pilates training or, in the absence of the relevant certificates and the relevant professional training, with the continuous assistance of a qualified instructor, as the machine has been built for the exclusive use of the Pilates method. Therefore, any other activity is excluded, the possible consequences of which, even in terms of damage, will remain the sole responsibility of the Customer.
8. Guarantee of Conformity
8.1. Without prejudice to the legal guarantee of conformity pursuant to Articles 128 et seq. of the Consumer Code (which, of course, does not apply to products subject to wear, such as, by way of example, wheels, springs, padding, rubber and plastic parts), as a demonstration of the high quality of its Products, the Seller provides the Customer with a conventional guarantee of five years on all so-called non-wearable parts (such as, by way of example, wooden frames, aluminium frames, the trolley, the tower, the footbar, the jumpboard, the shoulder rests, etc.). Therefore, all so-called wearable components (such as, by way of example, wheels, springs, padding, rubber and plastic parts) are expressly excluded from this five-year guarantee.
8.2. The Customer will lose the warranty if he fails to report, by email and/or registered letter, any lack of conformity to the Seller within i) five days in the case of a non-Consumer Customer and ii) two months in the case of a Consumer Customer, starting from the date of discovery; it is absolutely forbidden for any Customer to intervene on the Product by technicians not authorised by the Seller, under penalty of losing all warranty;
8.3. The warranty covers only the equipment from manufacturing defects and does not include any service at the customer's premises; the warranty does not cover damage caused by improper use other than that indicated in the previous article 7, alterations, inadequate maintenance, or accidental damage; the warranty is valid only for the original purchaser and is not transferable; the warranty does not cover any defects due to modifications or incorrect assembly by the Customer; the warranty does not cover related costs, such as machine downtime and/or other costs; any technical intervention, transport or additional expense is the responsibility of the purchaser.
9. Right of Withdrawal
9.1. Any Customer has the possibility to cancel an order within 24 hours of confirmation. In this case, the Seller will proceed with the refund of 100% of the cost incurred for that purchase. In the event of cancellation and/or modification of the order within 24 hours following the first 24 hours, the Seller will proceed with the refund of an amount equal to the amount paid for that purchase minus 25%, without prejudice to the following paragraphs for the figure of the Consumer. Any order subsequent to the cancelled one will be counted as if it were another order.
9.2. The Consumer has the right to withdraw from the contract within 14 days of receiving the Products, without having to provide any reason.
9.3. To exercise the right of withdrawal, the Consumer must inform the Seller by email or registered letter with return receipt. This communication will be followed by a confirmation email from the Seller confirming receipt of the withdrawal communication sent by the Consumer.
9.4. The Consumer must return the Products in the same conditions in which they were received, at his own expense, within 14 days of the communication of withdrawal. The Seller will refund the amount paid, including standard delivery costs, within 14 days of receipt of the returned Products.
10. Limitation of Liability and Indemnity
10.1. The Seller shall not be liable for any indirect damages, loss of profits or other economic losses arising from the use of the Products.
10.2. The Seller's liability is in any case limited to the value of the purchased Product.
10.3. The Customer undertakes to adopt, in the places where the installation and/or maintenance service of the Products will be carried out, all the measures necessary to ensure that the place of execution of the service is safe for its execution and does not generate risks for the health of the personnel involved in the installation or maintenance intervention. To this end, the Customer indemnifies the Seller with regard to any liability for damage to property and/or persons that may occur in the environment where the installation or maintenance services are performed, except in cases of willful misconduct or gross negligence attributable to the Seller.
11. Protection of Personal Data
11.1. The personal data provided by the Customer will be processed in accordance with the legislation on the protection of personal data (EU Regulation 2016/679 – GDPR).
11.2. Further information on data processing is available in the Privacy Policy on the Website.
12. Applicable Law and Competent Court
12.1. These General Contract Conditions are governed by Italian law.
12.2. For any dispute arising from this contract, the court of the place of residence or domicile of the Consumer will have jurisdiction, if located in Italian territory. If the Customer does not qualify as a Consumer, the court of Bergamo will have exclusive jurisdiction. In any case, the Seller retains the right to take action against the Customer before the courts of the place of domicile of the latter.
13. Changes to the General Conditions
13.1. The Seller reserves the right to modify these General Conditions at any time, which will be effective from the moment of publication on the Website. The modifications will not apply to orders already accepted.
Read, confirmed and signed
_____________________________
Pursuant to Articles 1341, paragraph 2, of the Italian Civil Code and 1342, paragraph 2, of the Italian Civil Code, the following clauses are specifically approved:
art. 3 – acceptance of the General Conditions
art. 6 – delivery of products
art. 7 – use of the machinery
art. 8 – guarantee of conformity
art. 9 – right of withdrawal
art. 10 – limitation of liability and indemnity
art. 12 – applicable law and competent court
art. 13 – changes to the general conditions
Read, confirmed and signed for specific approval pursuant to articles 1341, paragraph 2, of the Civil Code and 1342, paragraph 2, of the Civil Code, of the clauses indicated above
