General sales conditions

  Article 1 - Subject

  • The following General Sales Conditions shall govern the offer and the sale of the products made available through the website www.fortespro.com and www.tuttodrop.it (hereinafter: the SITE) or any other means integrated with our administrative database, property of the company FORTES PRO d.o.o. with headquarters in Žnidarčičeva ulica 37, 5290 Šempeter pri Gorici, Slovenia, Business Register number 6293760000, VAT no. SI 11627301.
  • The products purchased from the SITE are sold directly by FORTES PRO d.o.o.
  • Purchases made by Customers such as traders, wholesalers, resellers, professionals – and in general Customers who buy products not for personal use – shall be governed by the provisions of the Slovenian Civil Code.
  • The protection of privacy shall be governed by the Slovenian regulation; for such purpose, Customers are invited to read the “Privacy Policy” available on the website and then consent to the processing of their information in order to proceed with their orders.

 

Article 2 – Acceptance of the General Sales Conditions

  • These General Conditions of Sale and the Privacy Policy must be read by the Customers of the site before completing an order; the submission of an order implies the total knowledge and acceptance thereof. Orders cannot be processed if such documents are not read and accepted by Customers.
  • By placing an order, Customers acknowledge they have read and accepted the related general sales and payment conditions, and they also acknowledge they have fully and carefully read the Privacy Policy, therefore understanding its content and expressing their consent to the processing of their data; by submitting their purchase orders, Customers accept such conditions irrevocably and undertake to fully comply with them and the payment terms.  
  • After completing the purchase procedure, Customers undertake to print and store these General Sales Conditions.
  • FORTES PRO d.o.o. sells its products on its website and addresses its electronic commerce activities exclusively to subjects over 18 years of age (or in any case of legal age), meeting the requirements to enter into and sign binding contracts and having a valid email address.
  • FORTES PRO d.o.o. reserves the right to reject orders submitted by subjects not meeting the requirements above.

 

Article 3 – Reservation of ownership

The delivered goods are our property until whole already existing receivables are paid, especially until payment of the whole purchasing price inclusive all additional costs arising by our business cooperation.

 

 

Article 4 - Purchases

  • Customers shall purchase the products available as illustrated and described online on the related pages at the applicable price as specified – inclusive of taxes and charges which may vary according to the destination country or the product or ongoing legislative procedures – plus shipping fees, which are displayed upon submitting a purchase order.
  • The availability of a product is updated based on the number of products currently in stock. As the access to and the submission of online orders may change product availability, FORTES PRO d.o.o. cannot guarantee that products being ordered are assigned to a specific Customer; in any case, FORTES PRO d.o.o. offers Customers the chance to pre-order certain products for which FORTES PRO d.o.o. reserves the right to inform the Customers of the delivery time (which may be longer than the ordinary delivery time) and availability by email or phone.
  • Prior to the Customer confirming a purchase, a summary shall be displayed with the unit cost for each product being purchased, the total for each purchase line, and the total cost of the order when there are more products being purchased and any shipping fees or other charges (cash-on-delivery payment). 
  • After completing their purchase order, the Customer shall receive an email message from FORTES PRO d.o.o. informing them that the company has received an order, specifying its number; in the following days, and approximately over the two subsequent working days – this time specification is not binding – FORTES PRO d.o.o. shall send another email to the Customer to inform them of the acceptance of the order, confirming the shipping of the product/s to the address specified and providing an estimation of the delivery time. Upon receiving such email, the Customer shall be able to verify the correctness of the data and products purchased and, if required, send and/or request information to info@fortespro.com.

·         We reserve the right to withdraw from the execution of the order in case:

 

§  that Fortes Pro d.o.o. is unable to perform the appropriate customer checks and doubtful about the regularity of the purchase

§  of unpaid invoices

  • The Customer shall be able to check the progress of the order in the section reserved for registered customers.
  • The status of an order can be:
    • CONFIRMED: the order was completed by the Customer and the payment was verified. If the international bank circuit does not authorise the payment, the order is automatically cancelled;
    • CONFIRMATION PENDING: the order is waiting to be verified by the FORTES PRO d.o.o. organisation;
    • SENT: the products ordered were shipped via courier.

 

Article 5 - Payment

  • It is not possible to pay in instalments.

 

  • Bank transfer paid in advance:

If the selected payment method is an advance bank transfer, FORTES PRO shall send an offer to the Customer with the total price to be paid. Subsequently, the Customer shall make the payment through via bank transfer. FORTES PRO shall ship the goods only after receiving the sum on the bank account in the name of FORTES PRO. The payment shall have to be made within and not later than 5 working days from the date of the order. The order shall be automatically cancelled if such deadline is not met.

The instructions to pay with an advance bank transfer shall be provided in the offer.

Any bank fees incurred by the Customer for the advance bank transfer are exclusively at the expense of the Customer.

  • Cash on delivery

If the selected payment method is “cash on delivery,” the Customer should be informed that this service includes an additional fee of minimum €2.00 for purchases totalling less than €200.00 or 2% on the amount of the invoice, and in any case such method cannot be used for orders totalling more than €2,999.99. From 26.6.2020, cash on delivery cannot be used for orders over € 1,999.99. If the purchase exceeds this limit, payment must be made with bank transfer paid in advance. Orders cannot be shared and shipped as multiple shipments.

Upon delivery, the Customer shall pay the exact amount of the order. The delivery person cannot give change and shall accept only cash.

  • Paypal

If the selected payment method is Paypal, the Customer should be informed that this service includes an additional fee of 2% on the amount of the Invoice.

 

The Customer shall have to pay an amount of €10.00 in the following cases: the Customer rejects the shipment upon delivery; the Customer is not available at the address specified for two consecutive times; the Customer does not make the payment as required or does not collect the parcel and then requests a redelivery of the same shipment.

FORTES PRO reserves the right not to accept cash-on-delivery payments with certain Customers.

 

Article 6 – Availability of the products 

  • The availability of the products in stock may change, as multiple orders can be submitted at the same time by different customers or as certain goods need to be specifically ordered or may be on their way to the warehouse. For such reason, FORTES PRO reserves the right – upon receipt of an order – to verify the current availability of the goods at their or their suppliers’ warehouse.

 

  • The Customer shall be entitled to:
    • cancel the order, also partially
    • add a product or other products also as replacements of the products out of stock
    • wait for the product/s to be back in stock, subject to the provision of a delivery time estimate

 

  • Should an item be out of stock and its production ceased or on the ground of exceptional reasons not ascribable to the company, after receiving the order, the company shall inform the Customer of such event by email or phone.

 

  • Any sales transaction made by FORTES through its online sales service may involve one or more products, without limitations to the quantity of each item.

 

Article 7 - Delivery 

  • Fortes pro d.o.o. accepts order to be delivered to Italian territory.
  • For delivery in other states of the European Community, Fortes Pro d.o.o. has the right not to proceed with the delivery and to withdraw from the execution of the order.
  • No changes can be made to an invoice after it has been issued.
  • The shipping fees, to be added to the price of the products purchased, is automatically calculated by the system.
  • Upon delivery of the goods, the Customer shall check the number of items delivered corresponds to the one specified in the shipping document, the packaging is undamaged, and the product delivered corresponds to the order placed; the Customer shall sign the delivery receipt with the clause «subject to a product integrity check». If such check is not performed, the Customer shall not be entitled to file complaints on the exterior non-conformity of the products ordered and their quantity.
  • Although not binding for FORTES PRO d.o.o., the goods shall be delivered within approximately 2-3 working days from the submission of the order confirmation, on condition that the payment is correctly received by the company. For orders with a payment method other than an advance bank transfer, should FORTES PRO d.o.o. receive reports of irregularities in the payment (for example the registered customer name not corresponding to the holder of the credit card used for the payment), the products shall be delivered within 7 working days from the ascertainment of the regularity of the payment, or in any case from the completion of the checks required to ascertain the regularity of the payment. Should the products not be delivered after 15 days from the submission of the order confirmation, the Customer shall be entitled to send an email to info@fortespro.com specifying «Failure to deliver» in the subject as well as the order number, along with any other useful information. Upon receiving the email and performing any checks required, Fortes pro d.o.o. shall contact the Customer within 2 working days to settle the issue and to explain the reasons for the failure to deliver the order.

 

Article 8 – Returns and reimbursements

  • Fortes pro d.o.o. accepts returns in the following cases:
    • Missing products within 1 day from delivery;
    • Products visibly damaged during transport within 1 day from delivery;
    • Damaged retail package within 1 day from delivery;
    • Defective products within 30 days from delivery.

·         In case of damage of the package during transport, the customer must immediately (within 1 day from delivery) notify FORTES PRO d.o.o., describe the damage and provide photographs showing the damage (photo of the received package, packaging, and item).

  • To make a return, please contact FORTES PRO d.o.o. at the email info@fortespro.com and fill in a RMA (Return Merchandise Authorisation) request, clearly and without errors.
  • In each RMA it is possible to add different products to be returned, one per line. For each item, please specify the Invoice number, the product data, the information on the issue. The RMA should be used in the following cases:
  • Missing products
  • Products damaged during transport
  • Damaged package
  • Defective products

 

After submitting your RMA, the customer is required to send the goods well packed with courier:

·          GLS a FORTES PRO d.o.o. – FERMO DEPOSITO GORIZIA

·         Other courier to FORTES PRO d.o.o., Žnidarčičeva ulica 37, 5290 Šempeter pri Gorici, Slovenia

In In case that the pick-up request is organized by FORTES, the cost of the pick-up will be charged to the customer.

 

If possible, please use the same packaging used to ship the items to you. If such packaging is no longer available, we recommend using a safe packaging, carefully sealed in order to avoid damage during transport. The package must contain all the parts of the product to be returned.

The client can raise objection on the credit note within 5 working days.

WARNING!

The goods must be sent back with all the seals and must not be tampered with. In addition, before being installed, the goods must be tested using the specific testers – the goods cannot be tested after removing the guarantee seals.

In a few cases, the displays are equipped with a wrapper, to be removed exclusively after testing the spare part. In other cases, a sticker is applied («GUARANTEE SEAL») which must not be removed not to make the guarantee expire.

Should any flat cables or other connectors or any other internal components be damaged or show visible marks due to their use, misuse or installation, the guarantee shall expire automatically.

All the products must be placed into the original package as provided by FORTES, without marks deriving from use or the application of glue or any other adhesives.

It is essential that the product returned comply with the above and that any films and/or packages be not removed and/or damaged. If the merchandise returned does not comply with such requirements, the Customer shall be charged with the full price of the items.

The products must be returned complete with all of their undamaged parts. Should such requirements not be met, the items returned shall not be reimbursed.

The seller shall reject any claims relating to damaged items which were not reported by the Customer upon delivery.

In case the customer does not have valid VAT number for cross border transactions within the EU (VIES) on the date of issue of the credit note, the items returned shall not be reimbursed.

Reimbursements shall be made via bank transfer within 10 working days from the issuing of the related credit note, or it will be considered with the next order.

 

Article 9 - Privacy Policy

In compliance with the applicable data protection legislation, FORTES PRO d.o.o. is the controller of the data relating to the Customer. All the information regarding the processing of the personal data of the Customer is specified in the Privacy Policy, which must be accepted before placing an order. In particular:

·         Purpose of the processing.

Commercial, promotional and/or sale purposes to identify specific potential customers for each product and service (e.g. internal statistics, positive feedback, acquiring preliminary information in view of the conclusion of a contract or the provision of a service, to send notifications, news and offers via email, etc.). The seller may use the buyer's email address to inform the customer about the state of the clients order or to inform about the news and offers, all until the customer send the request for unsubscribing;

research aimed at surveying customer satisfaction (e.g. research on the quality of the services; fulfilment of obligations laid down by the national law, regulations or the European legislation).

 

·         Modalities and location of the processing.

Data is processed by personnel specifically entrusted with such task, via letter, telephone, as well as automatic electronic systems. Processing takes place at the headquarters of the company acting as a data controller and is performed exclusively by subjects entrusted with the task, according to logics strictly connected with the purposes as specified above and, in any case, in such a way to guarantee the safety and the confidentiality of the data itself (with particular attention paid in the case of procedures involving remote transmission techniques).

 

·         Data communication.

Personal data collected by FORTES PRO d.o.o. shall be transmitted to and/or processed by subjects trusted by us, who carry out tasks of an operational, technical and organisational nature for the aforementioned purposes. The personal data provided by the Customers is exclusively used to perform the service requested by the Customer; the data is not transmitted to any third party, except when such transmission is required by law or for the performance of the service. 

Credit cards processed via phone/fax/email are processed by the Paypal secure server and the related data is deleted immediately.

 

·         Rights of data subjects.

Customers are entitled to exercise specific rights. The Customers may:

request the data controller to confirm the existence of personal data concerning them, even if not yet recorded;

request information regarding the source of the personal data, the purposes and the methods of processing, as well as the logic involved in any automatic personal data processing;

request the identification details of the Controller and the Processor, as well as of any recipients or categories of recipients of the personal data, if any;

demand that any unlawfully processed data be deleted, made anonymous, or that the data be updated, rectified or integrated, if necessary, unless this proves to be impossible or involves a disproportionate effort. In addition, the Customer is entitled to object to the processing of any personal data, even if in connection with the purpose of the processing. Also, the Customer is entitled to object to the processing of personal data in relation to the sending of marketing material or, in any case, the performance of market research and commercial communications.

 

Article 10 – Jurisdiction and Competent Court

The sales contract shall be governed by the Slovenian legislation.

The Court of Nova Goriza shall have exclusive jurisdiction to resolve all and any disputes arising out of or in connection with the validity, construction or performance of this contract.

 

 Article 11 - Amendments

The conditions contained herein may be amended by FORTES PRO d.o.o. without any warning and shall be valid and effective starting from the date of publication on the website http://fortes-pro.shopamine.si and www.tuttodrop.it.

Article 12 – Complaints

All and any complaints shall have to be submitted to FORTES PRO d.o.o. with headquarters in Žnidarčičeva ulica 37, 5290 Šempeter pri Gorici, Slovenia.

 

Article 13 – Further information

The contract and all the communications shall be in the Italian, English or Slovenian language.

 

Šempeter pri Gorici, 19.4.2021

 

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