Returns and replacements

RIGHT OF WITHDRAWAL

Pursuant to Article 52 et seq. of the Consumer Code, any Customer who is a natural person qualifying as a consumer can exercise the right of withdrawal without having to provide any reasons for such. In order to continuously improve our services and our Products, it would still be appreciated to receive, even in a summary manner, a comment on what has changed. The right of withdrawal is not afforded to legal persons (such as companies, resellers, etcetera) nor to natural persons acting for purposes related to their commercial activity. The right of withdrawal must be expressed via communication sent by registered letter with return receipt or by email to customer@falket.com, no later than 14 days from the date the goods are received. To exercise the right of withdrawal, the Consumer-Customer may submit an explicit declaration of their decision to withdraw from the Contract or utilise the following withdrawal form addressed to Falket – Via Giabbio Zona Industriale | 23834 Premana (LC) Italy, or else sent to the email address customer@falket.com.

By exercising this right, the Consumer-Customer must return the goods, at their own expense and under their own responsibility for the transport, without undue delay and in any case no later than 14 days from the date of Falket’s receipt of the notice of withdrawal. They will subsequently be entitled to the refund of the full amount paid for the returned goods, including the shipping costs (except in the case of multiple orders for which the right of withdrawal is exercised only for certain items).
It should be noted that Falket will refund the payment without undue delay and in any case within 14 days from the day on which it received communication of the will to withdraw but may withhold the refund until the goods have been received or until the Consumer-Customer has demonstrated having returned the same.
Consumer-Customer has demonstrated having returned the same.
Reimbursement may come via the same payment methods used by the Consumer-Customer, if the payment was made by PayPal or bank transfer, or with a different method than that of the initial payment if the Consumer-Customer and Falket have expressly agreed upon such.
At Falket’s request, the Consumer-Customer must provide the following data and documents: proof of the return of goods to Falket (such as the receipt showing the entrustment of the goods to the courier, the transport document, delivery note, etcetera), whilst in the event of partial withdrawal, the code of the item(s) being returned and the bank details (IBAN code of the invoice holder’s bank account) to which the transfer can be made. The right of withdrawal does not apply to any products which, originally sealed, have been opened by the Consumer-Customer. The goods must be returned intact and in their entirety, otherwise Falket will reject acceptance of the goods, which shall be returned to the Consumer-Customer.

LEGAL GUARANTEE OF CONFORMITY

All Products sold on the website are covered by the legal guarantee of conformity established by Articles 128–135 of Legislative Decree no. 206/2005 (Consumer Code). The Legal Guarantee is reserved for consumers, whilst the guarantees for defects in any item sold, the guarantee for defects in the promised and necessary quality, and all other guarantees foreseen by the Civil Code shall be applied to those not defined as Consumers.
Falket is liable before the Consumer-Customer for any lack of conformity existing at the time of delivery of the product or which occurs within two years of such delivery. Any lack of conformity must be reported to Falket, at the risk of forfeiture of the guarantee, within two months from the date such was detected. In order to avail of the Legal Guarantee, the Consumer-Customer must thus provide proof of the date of purchase and delivery of the goods. The Consumer-Customer is thus advised to retain the Order Confirmation email, the purchase invoice, the transport document or any other document able to certify the date of the purchase (for example, the bank statement of the credit card) and the delivery.

A lack of conformity exists when the purchased good:
1. is not suitable for the use for which goods of the same type are normally used;
2. does not conform to the description given by the seller and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
3. does not have the usual qualities or benefits of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in any advertising or on the labelling;
4. is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time the contract is entered into and which the seller has accepted.

In case of lack of conformity duly reported within the terms, the Consumer-Customer has the right:
– primarily, to the free repair or replacement of the goods, at their discretion, unless the requested remedy is objectively impossible or excessively burdensome compared to the other option;
– secondarily (in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within reasonable terms or the repair or replacement previously carried out has caused significant inconvenience to the consumer), to a reduction in price or termination of the Contract, at their choosing.

The requested remedy is excessively burdensome if it imposes unreasonable expenses on the Seller compared to the alternative remedies that can be carried out, taking into account: (i) the value that the asset would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy could be carried out without significant inconvenience to the consumer. In the event that a product purchased on the website, throughout the validity period of the Legal Guarantee, manifests what could be a lack of conformity, the Consumer-Customer can contact Falket via customer@falket.com.

APPLICABLE LAW AND COMPETENT COURT

The Sales Contract between the Customer and Falket is entered into in Italy and governed by Italian law. For resolving disputes relating to the interpretation, execution or resolution of these General Conditions or individual Purchase Orders, if the Customer is a consumer pursuant to the Consumer Code, jurisdiction falls to the court of their town of residence or of their domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Lecco, at the exclusion of any other competent forum.

CUSTOMER ASSISTANCE, COMPLAINTS, ALTERNATIVE DISPUTE RESOLUTION AND ONLINE DISPUTE RESOLUTION

The Customer is informed that it is possible to request information, send communications and submit complaints to customer@falket.com.
Furthermore, any Customer acting as a consumer is informed that – in the event of a complaint resulting in a dispute that has not been able to be resolved – a European online platform has been established that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve any dispute in a non-judicial way, whereby pertaining to contracts for the sale of goods and services stipulated online and/or deriving therefrom and is available at the link: http://ec.europa.eu/consumers/odr/.
Through this platform, the Consumer-Customer can consult the list of Alternative Dispute Resolution (ADR) bodies, find the link to the site listing such bodies and start an online resolution procedure for the dispute that has arisen.