General Terms and Conditions 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 Products, he or she is invited to carefully read these General Conditions of Sale before purchasing Products on the Website. By purchasing Products through the Website, the Customer declares that he or she has read and expressly approves these General Conditions of Sale. The Product description is provided on the technical data sheet for each Product published on the Website. We recommend printing a copy of these General Conditions of Sale and/or saving them for future reference.
1. Definitions
1.1. For the purposes of these General Contract Conditions, the following terms shall have the meanings assigned 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.
- ProductsPilates machines and equipment sold on the Website's e-commerce channel.
- 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 Conditions of Contract regulate the sale of Products via the Website by the Seller to Customers.
3. Acceptance of the General Conditions
3.1. Placing an order through the Website implies full acceptance of these General Terms and 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 shopping cart.
4.2. After completing the order process and confirming payment, the Customer will receive a confirmation email from the Seller. This email represents acceptance of the order and the conclusion of the sales contract.
5. Prices and Payments
5.1. All prices shown 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 shipment of the purchased Products.
6. Delivery of Products
6.1. The Products will be delivered to the Seller's warehouse, or to the address indicated by the Customer at the time of the order, ex-works; therefore, the Products travel at the Customer's risk from the moment they are made available for transport at the Seller's warehouses;
6.2. Delivery times are indicated during the Product purchase phase and may vary based on Product availability and destination.
6.3. The Seller shall not be liable for delays beyond its control or due to force majeure.
6.4. The Products will be delivered in wooden crates and will be semi-assembled or fully assembled depending on the model. In the first case, the customer will be responsible for completing the assembly, which will be accompanied by a kit. Assembly instruction videos will be available on the website.
6.5. Upon receipt of the goods, the Customer is responsible for checking the integrity of the packaging and that the number of packages corresponds to the number indicated on the shipping documents. If the packages appear damaged or are too few, the recipient must express reservations to the carrier in writing on the shipping document.
7. Use of the machinery
7.1. It is recommended that the Products be used barefoot and exclusively by people with Pilates training or, in the absence of the relevant certificates and professional training, with the continuous assistance of a qualified instructor, as the equipment was designed exclusively for the Pilates method. Any other activity is therefore excluded, and any consequences, including damages, will be 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, naturally, does not apply to products subject to wear and tear, such as, for 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 standard five-year warranty on all non-wear and tear parts (such as, for example, wooden frames, aluminum frames, the trolley, the tower, the footbar, the jumpboard, the shoulder rests, etc.). Therefore, all wear and tear parts (such as, for example, wheels, springs, padding, rubber and plastic parts) are expressly excluded from this five-year warranty.
8.2. The Customer will lose the warranty if he or she fails to report any lack of conformity to the Seller by email and/or registered mail within i) five days for non-Consumer Customers and ii) two months for Consumer Customers, starting from the date of discovery. It is strictly forbidden for any Customer to intervene on the Product by technicians not authorized by the Seller, under penalty of forfeiture of all warranty.;
8.3. The warranty covers only the equipment against manufacturing defects and does not include any on-site service; the warranty does not cover damage caused by improper use other than as 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, transportation, or additional expenses are the responsibility of the purchaser.
9. Right of Withdrawal
9.1. Any Customer may cancel an order within 24 hours of confirmation. In this case, the Seller will refund the purchase price by 100%. If an order is cancelled and/or modified within 24 hours of the initial order, the Seller will refund the amount paid for the purchase, minus the 25%, without prejudice to the following provisions regarding Consumers. Any subsequent orders will be treated as separate orders.
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 mail. This communication will be followed by a confirmation email from the Seller confirming receipt of the withdrawal notice sent by the Consumer.
9.4. The Consumer must return the Products in the same condition in which they were received, at his/her own expense, within 14 days of the withdrawal notification. The Seller will refund the amount paid, including standard delivery costs, within 14 days of receiving 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 Product purchased.
10.3. The Customer undertakes to adopt all necessary measures at the locations where the installation and/or maintenance of the Products will be performed to ensure that the location is safe for the service and does not pose a health risk to personnel involved in the installation or maintenance work. To this end, the Customer indemnifies the Seller against 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 Jurisdiction
12.1. These General Contract Conditions are governed by Italian law.
12.2. Any dispute arising from this contract will be subject to the jurisdiction of the courts of the Consumer's place of residence or domicile, if located in Italy. If the Customer is not a Consumer, the courts of Bergamo will have exclusive jurisdiction. In any case, the Seller reserves the right to take action against the Customer before the courts of the latter's place of domicile.
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 changes 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 Italian Civil Code and 1342, paragraph 2, of the Italian Civil Code, of the clauses indicated above.
