Terms & Conditions
These Terms and Conditions of Sale (the “T&C”) govern the offer and sale of Flos branded products (the “Products”) performed through the shop.flos.com website (the “Site”).
Products marketed through the Site are sold to you by the company Calicantus S.r.l. (the “Seller”), with registered office at Quarto D'Altino (VE), Via L. Mazzon, 30 - VAT No. 037590272 acting as merchant of records on behalf of International Design Group S.r.l. (“IDG”), with registered office at Via Alessandro Manzoni 38 – 2021 Milan VAT No. 10462810960. The Flos brand is a registered trademark of Flos S.p.A., with registered office at Via Angelo Faini, 2 - 25073 Bovezzo (Brescia), Italy.
In this T&C, “us”, ”we” or “our” means Calicantus S.r.l. “you” or “your” refers to the person that purchases the Products through the Site.
As a consequence of you entering into a sale contract with the Seller, no contractual relationship is established with IDG and/or Flos S.p.A. Your sole contractual counterparty remains the Seller.
Please read carefully these Terms and Conditions before placing a purchase order for any Product on the Site. Whenever you intend to place a purchase order, you must declare that you have read, understood and accepted these T&C. Refusal on your side to accept these T&C will prevent you from placing purchase orders for any Product offered for sale on the Site. Please print and keep a copy of this document for future reference.
1. CONTACTS OF THE ENTITY ACTING AS SELLER
Calicantus S.r.l. (the “Seller”), with registered office at Quarto D'Altino (VE), Via L. Mazzon, 30 - VAT No. 037590272.
All your communications concerning inquiries about Products and/or orders placed should be sent to email@example.com. If a phone number is also provided for the same purpose this will be shown on the dedicated section of the Site.
2. YOUR CAPACITY TO ENTER INTO A SALE CONTRACT
Sales through the Site are aimed primarily at persons acting in their capacity as consumers. This notwithstanding, we may occasionally allow sales to persons acting in their professional capacity.
By placing an order, you declare that:
a) you are at least 18 years old (if you are a natural person);
b) you have full legal capacity to enter into a sale contract with the Seller, in particular, and without any limitation thereto, that you are duly empowered by the competent corporate bodies, that you are not subject to any court or administrative orders restraining your capacity and/or that you have the authority to act on behalf of the person that is presented as the actual contractual counterparty and beneficiary of the purchase made.
3. CONCLUSION OF THE CONTRACT OF ONLINE SALE
3.2. The purchase order expresses your intention and request to the Seller to purchase the Product(s) indicated in the relevant order. The purchase order will be deemed issued upon completion by you of the online purchase, as you will be guided to do by following the step-by-step process within the appropriate section of the Site. Upon entering the purchase order, you will receive an e-mail confirming the receipt of the order and detailing the order identification number as well as other relevant details of the Product(s) ordered and namely characteristics of the Products, applicable price, inclusive of VAT (where applicable) and shipment costs (if debited to you) (hereinafter "Order Summary").
3.3. Please note that the Order Summary only acknowledges that we received your purchase and therefore, at that stage, the purchase order will still not be deemed accepted by us. All purchase orders for a Product will be subject to a specific and separate acceptance by us and will be considered accepted (and the contract for the online sale of the Product will consequently be deemed concluded) when you receive a separate e-mail confirming the shipment of the Product (hereinafter "Shipment Confirmation").
3.4. With a single Order, subject to availability of the Product(s), you may request the purchase one or more Products without quantitative limits, if you are acting in your capacity as a consumer, with a minimum order value of £ 135, if you are purchasing in your professional capacity for delivery in the UK.
3.5. The price and other sale conditions displayed on the Site in connection with the Products do not represent a purchase proposal by us addressed to the general public. Therefore, although we strive to meet all of our customers’ request, we may still refuse an order placed by you. In particular, and without any limitation thereto, your order may be refused by us:
a) in case of unavailability of the Product(s) ordered;
b) if we do not receive the authorization to charge the total applicable cost of the Product(s) to you in accordance with one of the applicable payment methods;
c) if you do not meet the eligibility criteria set out in paragraph 2 above;
d) where at the time of purchase the price indicated is obviously incorrect due to a material error recognisable as such (for example prices too high or too low in relation to the prices ordinarily applied for the same Product unless a promotion is active that can explain the price shown on the Site or wrongly calculated VAT or other applicable taxes).
3.6. Should we refuse an order of yours as indicated under paragraph 3.5 above, you will be so informed by way of an order rejection communication sent to you by email and in the event you have made payment already, you will receive a full refund. Such refund will be made by using the same payment methods that you used to make the payment (see article 6 below) without undue delay and in any event within 10 (ten) working days of the order rejection communication.
3.7. Upon receipt of the Shipment Confirmation, the contract for the on-line sale of the Product(s) (the "Contract") will be considered executed and binding on you and the Seller, except for the case of material and recognizable error concerning the price as per paragraph 3.5 above. In this latter case, we reserve the right to cancel the order and cancel the shipment and you will be contacted to be informed and will receive a refund for the transaction using the same payment methods used by you for the online purchase (see article 6 below) without undue delay and in any event within 10 (ten) working days of the order rejection.
4. RIGHT OF WITHDRAWAL – RETURNS APPLICABLE IF YOU ACT AS A CONSUMER
4.1. You will be entitled to the right of withdrawal as set out in the paragraphs below. If however you are acting as a professional, we reserve not to recognize your entitlement to such right of withdrawal, should you wish to exercise it.
4.2. You may withdraw from the Contract within 14 days of the date the Product was delivered. To exercise such right, it is sufficient that you follow the procedure set out in paragraph 4.3 below before the expiration of the withdrawal period.
4.3. You will take all appropriate measures to preserve the Product and shall do everything possible to ensure that the Product is returned in the best possible conditions, including the original undamaged packaging, instruction manuals, any separate items and any other components. The Product must not have been handled other than as necessary to establish the nature, characteristics and operation of the Product. In the event that these conditions have been complied with you will be entitled to a refund of the purchase price of the Product(s) concerned, in accordance with the provisions set out below.
4.4. In order to exercise your right of withdrawal, you should send us an email at the following address firstname.lastname@example.org or call our telephone number (if provided in the relevant section of the Site) to state the decision to withdraw from the Contract. You will be informed of the details of the procedure concerning the return of the Product. You are responsible for the integrity of the Product as long as the same good is in his/her possession.
4.5. If you decide to return the Product and provided that the right of withdrawal from the Contract has been exercised within the 14-day withdrawal period running from the Product delivery, we will reimburse - using the same payment method used by you for the purchase - the payments received from you (except for additional costs arising from the choice expressed by you of a different type of delivery from the standard one offered by us), without undue delay and, in any case, no later than 14 days from the day on which you have notified us that you wish to withdraw from the Contract. We can however withhold refund until such time as we have received the Products in respect of which you exercised your right of withdrawal or until such time as we have been provided evidence that the returned Products have been shipped back to us, whichever occurs first.
4.6. In the event of valid exercise of the right of withdrawal, you will be directed to contact our authorized couriers in order to agree with them the preferred modalities for them to pick up the products. Please note that you will normally be allowed to take and drop yourself the Product to be returned at the closest collection point(s) indicated by the courier. If the pick-up service at the desired location is made available through the designated courier, please note that depending on the type of Products concerned and/or on the structural characteristics of the location where the Products are to be picked-up, front-door pick-up by the courier might not be possible (for example because of bulky/heavy components which cannot be carried from upper level floors due to unavailability or usage limitations of lifts/elevators).
4.7. You will remain fully responsible for the payment of the Product price and related costs, including shipment costs and taxes as originally agreed, in the event that the returned Product is damaged/malfunctioning due to improper use, negligence, damage or physical, aesthetic or surface alterations, tampering or improper maintenance or wear and tear going beyond what is necessary for you to establish the nature, characteristics and functioning of the Products. Likewise, we will not accept returns of Products that do not match the serial numbers shown in the bill of laden concerning the original delivery. You remain always responsible for the correct usage of the Products purchased online.
4.8. You will not be able to withdraw from the Contract in the event that his purchase concerned tailor-made or clearly customized Products in accordance with art. 59, letter c) of the Italian Consumer Code (Legislative Decree no. 206/2005).
5. SHIPMENT AND TRANSFER OF RISK ON THE PRODUCT
5.1. We will deliver the Products ordered to the delivery address indicated by you, normally within 24/48 hours from the Shipment Confirmation. Although we have arrangements in place to meet the stated delivery time, such time shall be considered indicative and not of the essence, provided that in compliance with applicable consumers legislation we ought to secure delivery at the latest within 30 days of the conclusion of the contract.
5.2. You will receive the tracking number of the shipment in the Shipment Confirmation e-mail or promptly thereafter and may check the status of the shipment of the Product purchased. Without prejudice to the provision of 5.1 above, should the Product(s) you have ordered not be delivered to you after 10 days of the conclusion of the Contract, then please contact us at email@example.com in order to inquire about your Product(s) delivery status.
5.3. Upon delivery of the Product, we require your presence or that of a person authorised to collect the Product and sign the relevant transport document for receipt. If the Product has not been delivered within the terms indicated in the Shipment Confirmation e-mail or afterwards, you may contact us by email at the following address firstname.lastname@example.org. or, when made available, through the telephone number (if any) that may will be shown in the relevant section of the Site.
5.4. If delivery at the front door of the desired location is made available through the designated courier, please note that depending on the type of Products concerned and/or on the structural characteristics of the location where the Products are to be picked-up, front-door delivery by the courier might not be possible (for example because of bulky/heavy Product components which cannot be carried to upper level floors due to unavailability or usage limitations of lifts/elevators).
5.5. No installation is included in the shipment and delivery service. Some of our Products are made of two or more separate components to be assembled together upon installation. Products’ components may be shipped and reach your destination separately at different times. If one of the components is not delivered as goes missing, it will not be able for us to autonomously ship the component(s) in replacement of those missing. In such event you will be required to: i) cancel the order by reporting the partial delivery failure to our customer care by email at email@example.com or, where made available, by calling the telephone number as may be indicated in the relevant section of the Site and ii) ensure that any other Product component(s) that were actually delivered as part of the partial shipment be returned to us by activating the same process as described above under paragraph 4. You will then receive a refund and you will be able to place another order for the same complex Product with us if you so wish.
5.6. The risk of loss and damage to the Product, for reasons not attributable to us, is transferred to you when the Product will be physically in your possession or in the possession of a person appointed to collect the Product on your behalf.
6. PRICE AND PAYMENT METHODS – CUSTOMS DUTIES AND IMPORT VAT
6.1. The prices applicable to the Products are those indicated on the Site for each individual Product, except in case of a material and recognizable error as set out in paragraph 3.5 (for example prices too high or too low in relation to the prices ordinarily applied for the same Product unless a promotion is active that can explain the price shown on the Site or wrongly calculated VAT or other applicable taxes). Unless otherwise specified before you place an order, Products are inclusive of the applicable VAT, updated to the current rate, of shipping costs and of applicable customs duties.
6.2. We reserve the right to modify, at any time, the price of the Products and the applicable shipping costs, it being understood that any changes will not affect in any way any contracts concluded before the change.
6.3. Payment for the Products can currently be made through the following circuits and payment services: American Express, Direct Debit Great Britain Klarna Pay Later Klarna Pay Now Mastercard Paypal Sofort (by Klarna) Visa. Payments methods can be changed from time to time. Payment collection on our behalf will be performed by Adyen B.V or other providers. Please note that in order to verify the validity of the card used, Adyen B.V. may carry out a validity verification process of the card, by debiting a cost of around € 0,18 that will subsequently be credited back to you.
7. STATUTORY WARRANTY OF CONFORMITY ON PRODUCTS
7.1. All Products purchased on the Site are covered by a statutory warranty of conformity of 24 months from the date of delivery pursuant to Articles 128 and ff. of the Italian Consumer Code (Legislative Decree 206/2005). The exercise of your rights in case of lack of conformity, as provided in section 7.2 below, is subject to a limitation period of 26 months from the date of delivery. Failing such exercise, you will no longer be entitled to the applicable remedies.
7.2. Pursuant to art. 135 bis of the Consumer Code, in the event of a lack of conformity of the Product, you have the right to have the Product brought into conformity, without charge. For this purpose, you can normally choose between the Products’ repair or replacement. This right of choice cannot be exercised if the remedy chosen would be impossible or, compared to the other remedy, would impose costs on the Seller that would be disproportionate, considering all circumstances, as set out under art. 135 bis of the Italian Consumer Code (Legislative Decree 206/2005).
7.3. As set out in article 135 bis fourth paragraph of the Consumer Code you may be entitled to a proportionate price reduction or to the termination of the sale contract only when the Products’ repair or replacement is not accomplished or it is apparent it will not be accomplished or if the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the sales contract. No termination shall be permissible if the lack of conformity is only minor.
7.4. If you act in your capacity as a professional, you are not entitled to the statutory warranty but wish you may take advantage of the remedies provided by the statutory warranty that accompanies the Products.
7.5. In order to exercise your rights deriving from the Products’ lack of conformity, you may contact us at firstname.lastname@example.org.
8. FORCE MAJEURE
8.1. We cannot be held responsible for the failure or delayed fulfilment of our obligations herein, for circumstances beyond our reasonable and foreseeable control (hereinafter "Force Majeure Events").
8.2. Force Majeure Events include, but are not limited to, the following circumstances:
a) strikes, lock-outs and other industrial disputes;
b) civil mobilisations and insurrections, invasions, terrorist attacks or threats of terrorist attacks, (declared or not) armed conflicts or threat or preparation of conflicts;
c) fires, explosions, storms, floods, earthquakes, epidemics or other natural disasters;
d) inability to use public or private means of telecommunication;
e) pandemics and lock-downs.
8.3. The performance of our obligations under these Terms and Conditions shall be deemed suspended for the period in which the Force Majeure Events persist. We will do all in her power to find solutions that allow the proper performance of our obligations despite the persistence of Force Majeure Events.
9.1. Failure to request compliance with any of the provisions of these Terms and Conditions shall not affect the right of either party to require compliance at any subsequent time, nor shall waiving the exercise of a right resulting from a breach of these Terms and Conditions constitute a waiver of the exercise of a right resulting from a subsequent breach of the same provision.
9.2. No waiver by either party of an article of these Terms and Conditions shall be effective unless expressly stated to be a waiver and is communicated in writing.
10. INVALIDITY OF SINGLE CLAUSES
If any provision of these Terms and Conditions is illegal or invalid, it will not be considered as part of the Terms and Conditions and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.
We reserve the right to modify, at any time, these Terms and Conditions by giving specific notice on the Site.
12. DATA PROTECTION
13. APPLICABLE LAW AND JURISDICTION
13.1. These Terms and Conditions and the individual Contracts governed by them are governed by the Italian law. The application of the UN Convention on the International Sales of goods is excluded. Notwithstanding the foregoing, the applicable law will be without prejudice to any imperative Consumer protection safeguards applicable on the basis of conflict of laws principles provided under Italian law.
13.2. For any dispute that may arise between you and us under these Terms and Conditions and/ or individual Contracts, you may choose to bring a claim before the competent Italian court or before the competent court of your place of residence or domicile, whereas we can only bring a claim under these Terms and Conditions and/or individual Contracts entered with you before the competent court of your place of residence or domicile.