1. Definitions
Manager/Owner/Seller/Company: the company Fathers Italia srl, C.F. / P. IVA 16792941003 in the person of the legal representative p.t. domiciled for the office at the registered office located in Rome at Via Crescenzio No. 9 CAP 00193, registered at the CCIAA of Rome No. REA RM1677022 pec: fathersitalia@pec.it acting in the capacity of Professional under the current Consumer Code
Customer: the legal entity that finalizes the purchase of one or more products through the Fathers Watches e-commerce site. Also generically: User. If a natural person qualified as a "Consumer" under the current Consumer Code where the characteristics are met
User: mere visitor or user of the Website
Online Website/E-commerce/Shop: the website
www.fatherswatches.com, as well as the domains and subdomains linked to it
Terms and Conditions of Sale / Contract / General Terms and Conditions: this document governing the sale of products through the Website
2. Subject of the contract
2.1 This contract is for the purchase of watches manufactured by, or under license from, the Company through the Website. The contract also covers the delivery of items purchased through the on-line shop.
3. The contract
3.1 The presence of a product on the Website, within one or more web pages complete with information about it as well as its price, constitutes an offer to the public to purchase that product.
3.2 The procedure for the finalization of the purchase involves pressing the appropriate
negotiation buttons (e.g.: Add to cart / Add to cart and Pre-Order Now or Order Now), entering
all the required data (such as by way of example: personal data, e-mail address, physical addresses,
etc.), as well as indicating the payment method chosen from those offered by the Seller.
3.3 At the time the order is placed, acceptance of these Terms of Sale is required in the so-called
point and click mode, through the voluntary ticking the general acceptance checkbox. Consent given in the indicated manner is intended to be given in writing. The User, by checking the box, also guarantees that he/she has the capacity to validly conclude the contract according to the provisions of Italian law or according to the provisions of the law of his/her country of origin. Failure to check the box prevents the order from being concluded.
3.4 The correct execution of the purchase procedure is attested by sending to the e-mail address indicated by the Customer, following the payment, a communication confirming the order placed, in the absence of which the order cannot be said to be concluded.
3.5 The conclusion of the purchase procedure also requires the acknowledgement or, if necessary,
the provision of consent, again by ticking the appropriate check box, to the processing of personal data as set out in the privacy policy that can be reached at: https://www.fatherswatches.com/privacy-policy
4. Price and payment method
4.1 The price of each product corresponds to the price indicated on the web page associated with that product, except in the case of obvious error. The prices indicated include taxes and duties calculated according to the regulations in force at the time of the order in the country where the Company is based (Italy). Prices do not include applicable taxes and fees from other countries outside EU, including but not limited to duties and customs charges. Prices on the Website may be subject to change at the discretion of the Company at any time. However, for the protection of the Customer, the price applicable to the individual order may not be different from the price in effect on the day and time the order was confirmed, subject always to obvious error known and/or cognizable by the User that possibly allows the Seller to proceed to cancel the order.
4.2 The Customer can make the payment of the total price calculated in the shopping cart by one of the methods made available by the Platform, which are as follows: credit and/or debit card operating on the main circuits, bank transfer, cash on delivery, Paypal and any other instrument present on the order finalization screen.
4.3 The provision of installment payment methods or the use of payment systems provided by
third parties may require the acceptance and/or application of terms and conditions determined by those same third parties.
5. Delivery
5.1 Delivery times and charges for orders are variable depending on the geographical area to which delivery is to be made, and are indicated in the order finalization procedure and confirmation e-mail.
5.2 In the delivery method section that can be reached at https://www.fatherswatches.com/ it is possible to find delivery information related to the geographical area of specific interest.
5.3 In the product sheet is from time to time indicated the availability of the individual product with the most accurate forecast possible of the order fulfillment time. The Customer is made aware of the craftsmanship of the product purchased and the consequent variability of the processing time of the order itself.
6. Conclusion of purchase and transfer of risk
6.1 The purchase of the product, to be considered concluded upon regular payment and confirmation of the order, determines the transfer of ownership from the Seller to the Customer.
6.2 Due to the temporal distance between the time of purchase and the time of delivery of the
product(s), the transfer of risks inherent in the damage, loss or more generally the use of the
product itself takes place at the time of delivery, without prejudice, however, to the Customer's
exercise of the right of withdrawal.
Right of withdrawal
The Customer has the right to withdraw from this contract within 14 days of receipt of the order. Notice of withdrawal must be sent by e-mail to info@fatherswatches.com the legal deadline.
7.2 The exercise of the right of withdrawal will result in the dissolution of this contract, the return
of what has been ordered to the Seller and the refund of the sums paid in favor of the Customer, within a reasonable period of time, preferably through the same method used by the latter to make the payment. The refund will take place only upon receipt of the return by the Seller as well as following verification of the integrity of the product itself.
7.3 The Owner reserves the right not to accept the return of damaged and/or worn products,
lacking the accompanying documentation and/or the original box. Likewise, it is excluded the
possibility of return of customized products and / or made to measure. In this case, the product
will be returned to the Customer who will bear the shipping costs.
8. Guarantee of law
8.1 The products sold through the Website enjoy the guarantee of conformity provided by European and Italian law (Consumer Code - Legislative Decree 206 of 2005 and subsequent amendments) where applicable, with particular reference to Articles 130 et seq. of the aforementioned code.
8.2 By reason of the foregoing, the Company shall be liable for any conformity defect, ascertained
and verified by the same, affecting the product for the duration of 2 years from delivery, provided that the notification of the defects is made within the limitation period of two months from discovery. The specific rights that the Consumer may exercise are provided for in the legal regulations indicated, to which express reference is made.
9. Rules addressed to all Users of the Website
9.1 By accepting this agreement, the User consents to and otherwise waives any and all disputes regarding the possible sale of advertising space on the Website https://www.fatherswatches.com/ as well as on any page, domain or sub-domain linked to it.
9.2 It is expressly forbidden to use the Website, understood as a whole in its graphic and software content, or the services offered through it, for the purpose of transferring them free of charge and/or for consideration to third parties or to deposit, send, publish, transmit and/or share computer applications or documents that:
(a) conflict with or violate intellectual property rights, trade secrets, trademarks, patents or other property rights of third parties;
(b) have defamatory, libelous or threatening content;
(c) contain material that is pornographic, obscene or otherwise contrary to public morals;
d) contain viruses, Trojans, Ransomware, Malware or other malicious software and/or having contaminating or destructive characteristics;
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(e) damage, violate or attempt to violate the secrecy of correspondence and the right to
confidentiality;
(f) in any case are contrary to applicable statutory and/or regulatory provisions.
10. Esclusioni
10.1 The Owner makes Users aware that the images and videos present within the Website do not correspond to the slavish representation of the products, also due to the differences in viewing existing between different browsers and devices. Therefore, the essential characteristics of the products certainly corresponding to the materiality of the products themselves are those indicated in the relevant sheets on the Website.
10.2 The Owner assumes no liability on itself for possible delays, inaccuracies, damages and/or errors of any nature suffered by the Client and/or third parties arising from, relating to or in any way connected with the service provided, not even with reference to the exercise of the right of withdrawal and/or suspension of the service, with the exclusion of cases of fraud or gross negligence.
10.3 The Owner, except for issues of a technical nature beyond its control, reserves the right to take the Website off - line at any time and at its sole discretion. In such case, a special notice will be posted on the Website containing the date of termination of service.
11. Use of trademarks and patents
11.1 The "Fathers" trademark and more generally the intellectual and/or industrial properties that may be present in the images uploaded on the pages of the Website belong to their respective owners and/or licensees. The indiscriminate and unauthorized use by the Users of the Website of the "Fathers" trademark, or of the other elements on which intellectual and/or industrial properties on the Website rest, even if this is not expressly indicated, is prohibited and will be punishable through the intervention of the Judicial Authority.
12. Protection of personal data
12.1 The processing of personal data by the Data Controller is carried out in compliance with the regulations in force, with express reference to EU Regulation 679/2016 (GDPR), as well as the rules of Italian law D. Lgs. 196/2003 and D. Lgs. 101/2018, as applicable.
12.2 Any personal data transmitted shall be used solely for the purpose of the proper execution of this contract or for the fulfillment of information and communication obligations arising from applicable legislation.
12.3 The legal bases of the processing are identifiable in the execution of the contract and in accordance with Art. 6 (a) and (b) of the GDPR as further specified in the disclosure.
12.4 The complete information regarding the processing of personal data carried out by the Manager can be reached at: https://wwww.fatherswatches.com/privacy-policy
13. Applicable regulations and disputes
13.1 For all matters not provided for herein, Italian law shall be deemed expressly applicable.
14. ADR
14.1 At the following URL: https://ec.europa.eu/consumers/odr/ is available the on-line alternative dispute resolution tool made available by the European Commission
15. Unilateral Changes - Retention of the Contract.
15.1 The Owner reserves the right to amend or supplement the contractual provisions herein by notifying Users of such amendments by posting on the Website, PEC/Peo, or other chosen means.
15.2 Should any part and/or one or more clauses of this contract be declared invalid, including by virtue of regulatory changes, the Parties shall no longer be bound by the obligations arising from such clauses, limited to the part in which such clause has been declared invalid, interpreting it for the remaining part so as to render it valid and effective. However, clauses not affected by invalidity shall remain firm and binding according to the principle utile per inutile non vitiatur.
Last updated 12/21/2022
