Terms of sale

GENERAL CONDITIONS OF CONTRACT ESTABLISHED BY Space1999 srl

1. General Provisions

These general conditions of sale (hereinafter, "GENERAL CONDITIONS") are provided by Space1999 srl (hereinafter referred to as www.thefarks.com) to its customers with a view to transparency and completeness and apply to all sales of products (hereinafter, "PRODUCTS" or "PRODUCT") purchased through the website www.thefarks.com (hereinafter, "SITE").

Entering the company name may sometimes need to modify some provisions of the General Conditions; we therefore invite customers to consult them before each visit to the SITE.

The validation of an order implies the tacit reading and acceptance of the General Conditions present at that moment.

The use of the distance selling service through the aforementioned SITE is therefore described in these GENERAL CONDITIONS and is reserved for consumers (hereinafter, "CUSTOMER" or the "CUSTOMER").

The language available to conclude the contract is Italian.

In accordance with the provisions of the Italian and EU laws currently in force, the economic relationship between the Supplier and the CUSTOMER is governed by consumer protection legislation only in the event that the CUSTOMER purchases for personal purposes unrelated to his work activity.

The CUSTOMER is required to carefully read the GENERAL CONDITIONS that have been made available to him on the WEBSITE, in order to allow the CUSTOMER to store and reproduce them in accordance with article 12 of Legislative Decree 9 April 2003, n. 70. The contracts concluded with Thefarks.com (as defined below) through the SITE are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 (hereinafter "CONSUMER CODE") and by Legislative Decree 9 April 2003, n. 70 (hereinafter, "ECOMMERCE DECREE").

2. Seller identification

The seller is Space1999 srl (www.thefarks.com) CF - VAT number: IT02073290302 - REA: UD - 233322 Registered office: Calle Dell'Annunziata, 6 - 33053 Latisana (UD) - Operational headquarters: Via Aita Menotti, 2/ b - 33028 Tolmezzo (UD)

3. Information relating to the PRODUCTS

Information relating to the PRODUCTS which may be sold remotely through the SITE is available at www.thefarks.com. The aforementioned information is provided in compliance with articles 52 and 53 of the CONSUMER CODE.

4. Price

The price of the PRODUCTS is inclusive of all taxes and duties. Shipping costs are not included.

All prices are expressed in Euros. Shipping costs are charged to the CUSTOMER and can be consulted in advance both before the final confirmation of the order and in the appropriate section of the SITE dedicated to shipping costs and estimates.

5. Purchase procedure

The essential characteristics and prices of the PRODUCTS are shown in the offer relating to each Product.

The SITE is structured as an online catalog that can be freely consulted without the need for preliminary identification.

For the purpose of purchasing the PRODUCTS, the CUSTOMER is obliged to specify his qualification as a private individual, through a registration procedure at the end of which he will obtain from the system the attribution of a user ID and a password with which to access his personal account.

For registration, you will be asked to enter the personal data necessary for the identification of the CUSTOMER as well as the tax data (for example, CF date and place of birth, residence and/or domicile) necessary for the correct fulfillment of the tax charges resulting from the commercial transaction that will be stipulated and finally personal data (telephone number, mobile phone, e-mail) in order to allow the receipt of information about the status of the orders and allow to proceed with the timely cancellation or modification of the orders.

The CUSTOMER is responsible for the truthfulness and correct entry of the data required for registration, therefore, for the purpose of purchasing products for which majority age is required (alcoholic beverages or other) the user, by registering on the site, will give confirmation or not of the age requirements to proceed with the purchase of the various types of goods permitted by the regulations in force in Italy.

The treatment of the data provided by the CUSTOMER is carried out by Thefarks.com in compliance with the privacy regulations.

Once registered, the CUSTOMER can proceed with the purchase by completing and sending the order form in electronic format to Thefarks.com, following the instructions contained on the SITE.

The CUSTOMER must place the PRODUCT in the appropriate "virtual cart" and, after having read the GENERAL CONDITIONS, with particular reference to the contribution for delivery costs and the methods of exercising the right of withdrawal, you must select the desired payment method and choose the "cart" option.

Before submitting the purchase order, the CUSTOMER will have the opportunity to correct any data entry errors by following the appropriate modification procedure contained in the SITE.

In particular, the CUSTOMER has the right to change the quantity of PRODUCTS he intends to purchase, by adding or eliminating one or more PRODUCTS from the "virtual cart".

By sending the order, the CUSTOMER acknowledges and declares having read all the information provided during the purchase procedure and fully accepting the GENERAL CONDITIONS.

The CUSTOMER will have the opportunity to view and follow the status of his order through subsequent communications.

In any case, once the order has been received, the site will contact the CUSTOMER by e-mail at the address provided during registration and creation of the user account, to report receipt of the order, summarizing the content of the same, the shipping address and the chosen payment methods, allowing the CUSTOMER to cancel or modify the order before proceeding with the shipment of the same (for further information see the following article 7). Thefarks.com reserves the right to evaluate the acceptance of the orders received.

By way of example only but not exhaustive about this faculty, please refer to the following art. 8. Thefarks.com will notify the CUSTOMER of any impossibility to accept the orders received within 30 days starting from the day following that on which the order was sent and will refund any sums already paid for the payment of the supply.

6. Methods of payment

The CUSTOMER may pay the price of the PRODUCTS and the relative delivery costs by credit card, Pay Pal or bank transfer.

Payments made with the following credit cards are accepted: Visa, MasterCard, American Express and cards issued by the major transaction circuits.

The transaction will be charged to the CUSTOMER's credit card only after:

the company that manages the online transaction service of the credit card circuit provided by the CUSTOMER has taken steps to verify the data of the same,
the debit authorization has been received from the company issuing the credit card used by the CUSTOMER.

In the event that, for whatever reason, the debiting of the amounts due by the CUSTOMER proves impossible, Thefarks.com will proceed to cancel the transaction and the sale will be automatically cancelled.

7. Confirmation of receipt of the order

In compliance with the provisions of art. 53 of the CONSUMER CODE, the CUSTOMER receives, at the time of execution of the contract, by e-mail, confirmation of receipt of the purchase order originally sent according to the methods set out in article 5 of these GENERAL CONDITIONS, containing a summary of the essential characteristics of the product ordered, the order quantity, its price, the amount paid, the existence, for CUSTOMERS, of the right of withdrawal - with an indication of the times and methods for returning the good - the geographical address for submitting any complaints and information on the assistance services and existing commercial guarantees, the GENERAL CONDITIONS.

In said communication, the Supplier will also indicate the deadline within which the CUSTOMER can proceed with the cancellation or modification of the order.

8. Ineffectiveness of the order

No contract shall be considered concluded between Thefarks.com and the CUSTOMER if Thefarks.com has reasonable grounds to believe that the CUSTOMER does not operate on the basis of an effective and genuine interest in purchasing the PRODUCTS ordered, or exercises the right of withdrawal abusively recognized by the following article 12.

In such cases, the order forwarded by the CUSTOMER must be considered ineffective.

Thefarks.com will send the CUSTOMER, by e-mail, a communication certifying the non-conclusion of the Contract, also taking care of the cancellation of any debit and/or expense charged to the CUSTOMER.

9. Transportation and delivery

The PRODUCTS purchased on the WEBSITE will be delivered to the address indicated by the CUSTOMER. In any case, the CUSTOMER has the right to request the delivery of the PRODUCTS to a natural person of his choice, whose residence or domicile is within the Italian territory. At the time of delivery, the signature of an adult over 18 will be required. No deliveries will be made to post office boxes. For each order placed on the WEBSITE, Thefarks.com issues an invoice for the shipped goods, sending it by e-mail or post to the holder of the order, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. For the issuance of the invoice, the information provided by the CUSTOMER at the time of the order is valid. No change in the invoice will be possible after it has been issued. Delivery costs are charged to the CUSTOMER and are clearly indicated on the SITE. All purchases will be delivered by courier (hereinafter, "COURIER") from Monday to Friday, excluding holidays and public holidays. Thefarks.com is not responsible for unforeseeable delays Thefarks.com will send the CUSTOMER a confirmation e-mail once the PRODUCTS have been shipped, which will specify the shipment tracking number through which it will be possible to view, after entering it on the COURIER'S WEBSITE , the status of the shipment. In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with the CONSUMER CODE, the PRODUCTS will be delivered within a maximum term of 30 (thirty) days starting from the day following that on which the CUSTOMER sent the order. to Thefarks.com, unless Thefarks.com communicates - within the same term, by e-mail - the impossibility of delivering the goods ordered following the unavailability, even temporary, of the PRODUCTS. In the event of such communication, Thefarks.com will reimburse any sums already paid by the CUSTOMER for the payment of the supply. In the event that, following communication from Thefarks.com of a delay in the delivery date, the CUSTOMER wishes to cancel the order, any amount already paid will be refunded (in the same manner performed by you) as soon as possible possible, and in any case no later than 14 (fourteen) days from the day following the day on which the order was sent to Thefarks.com. For the delivery of the goods, the presence of the CUSTOMER is required, or alternatively of a person in charge at the recipient's address indicated in the order. Pursuant to art. 63 of the Consumer Code, any damage to the packaging/packaging of the Products must be immediately contested by you by affixing a written control reserve on the proof of delivery. It is understood that, once the delivery document has been signed without any dispute, you will be precluded from making any exceptions regarding the external characteristics of what has been delivered. In the event that the carrier has been chosen by you outside of those proposed during the purchase phase, the risk of damage and the perimeter of the Products is transferred to you already at the time of delivery to the carrier, precluding any dispute regarding the characteristics external to what was delivered. In this case, any objection must be raised directly by you against the carrier.

10. Right of withdrawal

Pursuant to the provisions of the CONSUMER CODE referred to in Legislative Decree 21/2014, relating to the Right of Withdrawal, the CUSTOMER has the right to withdraw from the contract, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the buyer or a third party, other than the carrier, acquires physical possession of the goods. To exercise the right of withdrawal, the CUSTOMER is required to inform Thefarks.com of his decision to withdraw from this contract through an explicit declaration, the CUSTOMER must send Thefarks.com a written communication within 14 working days from the date of receipt of the goods . This communication must be sent by registered letter with acknowledgment of receipt, addressed to: Via Aita Menotti, 2/b - 33028 Tolmezzo (UD) by certified mail space1999@pecitaliana.it or by e-mail to info@space1999. com , for this purpose you can also fill in and use the attached model withdrawal form, but it is not mandatory. You can also electronically complete and submit the model withdrawal form or any other unequivocal statement on our website www.thefarks.com. If you choose this option; We will send you an acknowledgment of receipt of your withdrawal on a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for the CUSTOMER to send the communication relating to the exercise of the right of withdrawal within the aforementioned 14-day period.

EFFECTS OF WITHDRAWAL

If the CUSTOMER withdraws from this contract, all payments made to us will be refunded, including delivery costs (with the exception of the additional costs resulting from your possible choice of a type of delivery from the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. The refund may only be withheld beyond 14 days until you have demonstrated that you have sent back the goods or until we have received them, whichever occurs first. These refunds will be made using the same means of payment used by the CUSTOMER at the time of the initial transaction, unless the CUSTOMER has expressly agreed otherwise; in any event, you will not incur any costs as a result of such reimbursement.

EXCLUSIONS FROM WITHDRAWAL

This right cannot be exercised in relation to the categories of goods and services expressly specified in art. 59 of Legislative Decree February 21, 2014, n. 21 of the Consumer Code (by way of example but not limited to, we mention the types of products marketed on the SITE that could most likely be subject to this exclusion, namely):

the supply of made-to-measure or clearly personalized goods;
supply of goods which are likely to deteriorate or expire rapidly;
supply of sealed goods which do not lend themselves to being returned for hygienic or health protection reasons and which have been opened after delivery;
supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on market fluctuations which cannot be controlled by the professional).

Once we have received the aforementioned notice of withdrawal, the Thefarks.com CUSTOMER Service will provide the CUSTOMER with instructions on how to return the goods. The right of withdrawal is in any case subject to the following conditions:

The law applies to the product purchased in its entirety; it is not possible to exercise the withdrawal only on part of the purchased product.
By law, the shipping costs relating to the return of the goods are charged to the CUSTOMER.
The shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the CUSTOMER.
Thefarks.com is not liable in any way for damage or theft/loss of goods returned by uninsured shipments.
In case of damage to the goods during transport, Thefarks.com will inform the CUSTOMER of the incident (within 5 working days of receiving the goods in its warehouses), to allow him to file a complaint against the courier of his choice and obtain a refund of the value of the property (if insured). In this eventuality, the product will be made available to the CUSTOMER for its return at the same time as canceling the request for withdrawal.
If you withdraw from the contract, you will be reimbursed for all payments you have made to us, including delivery costs (with the exception of the additional costs arising from your choice of a type of delivery other than the least expensive type of standard delivery from us offered), without undue delay and in any case within 14 (fourteen) days from the day on which we are informed of your decision to withdraw from this contract. The refund could be withheld beyond 14 (fourteen) days only until you have demonstrated that you have sent back the goods or until we have received them, whichever occurs first.
Thefarks.com will refund the CUSTOMER the entire amount already paid, within 14 days of the return of the goods, by transferring the amount charged to the credit card or by bank transfer. In the latter case, it will be the CUSTOMER's responsibility to provide the bank details on which to obtain the refund (IBAN Code - Current Account of the invoice holder).

The right of withdrawal is lost due to lack of the essential condition of integrity of the goods (packaging and/or its contents), in cases where Thefarks.com ascertains:

The lack of the external packaging and/or wrapping containing the purchased product (e.g. pasta, biscuits, etc.),
Damage to the product for reasons other than its transport. In the event of forfeiture of the right of withdrawal, Thefarks.com will return the purchased goods to the sender, charging the shipping costs to the sender.

REDUCTION IN VALUE

The customer is only responsible for the decrease in value in the event of withdrawal, of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

Below is an example of a withdrawal letter.

Letter of Withdrawal
Model withdrawal form pursuant to article 49, paragraph 1, lett. h)
(fill in and return this form only if you wish to withdraw from the contract)
- Recipient [name, geographical address and, if available, telephone number, fax number and e-mail addresses must be entered by the Client]:
- I/we hereby notify the withdrawal from my/our... contract of sale of the following goods/services
- Ordered on .... / received on ....
- Name of the consumer(s)...
- Address of the consumer(s)...
- Signature of the consumer(s)... (only if this form is notified in paper version)
- Date

11. Legal guarantee of conformity

The legal guarantee of conformity is provided for by the Consumer Code (articles 128 et seq.) and protects the consumer in the event of the purchase of defective products, which malfunction or do not respond to the use declared by the seller or for which that good is generally intended.

The legal guarantee lasts two years from the delivery of the goods and must be enforced by the consumer within two months from the discovery of the defect: it is therefore necessary to always keep the proof of purchase (tax receipt or receipt of which it is advisable to make a photocopy immediately because the papers thermal insulation of the receipts may discolour over time).

The clauses inserted by professionals in contracts or general contract conditions with consumers which limit the duration of the legal guarantee or exclude it can integrate unfair clauses pursuant to article 33, paragraph 2, letter b), of the Consumer Code.

12. Errors

The information relating to the PRODUCTS provided on the SITE is constantly updated.

However, it is not possible to guarantee the complete absence of errors.

Thefarks.com reserves the right to correct errors, inaccuracies or omissions even after an order has been placed and also to change or update information at any time without prior notice.

Without prejudice to the possibility for the buyer to report any errors or inconsistencies found in the online catalog by sending an email to info@space1999.com by expressly inserting the wording "ERROR REPORT" in the subject and specifying correctly the type of product or service in which the anomaly was found.

13. Limitations of Liability

Any information relating to the products sold by Thefarks.com is based exclusively on data published and disclosed by the respective manufacturers, therefore Thefarks.com is not responsible for the correspondence of the goods sold to the specifications published on the SITE.

Thefarks.com also declines all responsibility for malfunctions, service interruptions, performance degradation, whether or not due to force majeure or unforeseeable circumstances, when they are not directly attributable to Thefarks.com itself due to its willful misconduct or gross negligence.

The CUSTOMER acknowledges and accepts that the acquisition of order proposals by Thefarks.com through the site may be suspended during the closing periods.

Personal information such as personal data, tax code, VAT number, etc., are provided by the customer under his sole responsibility.

Thefarks.com declines any charge that could be promoted due to any false declarations that may be made by users of the site during the registration and purchase of the marketed products.

Where Thefarks.com is certain that the data provided by any type of customer during registration does not correspond to the truth, it reserves the right to report the conduct to the competent authorities.

14. Management of personal data

The personal data provided by the CUSTOMER under his sole responsibility are collected, processed and used in order to register on the SITE and to allow the exercise of the commercial activity (order fulfillment, invoicing, etc.) and will in no case be transferred to third parties, in full compliance with current legislation.

The data processing is carried out through IT supports, by specially appointed subjects.

The data is stored in computer archives to which the minimum security measures required by the legislator are applied.

Personal data may be disclosed to couriers and/or shipping agents used for the delivery of the Products.

The CUSTOMER can at any time access the data concerning him, update them, correct them, integrate them and, more generally, exercise the rights provided for by article 7 of Legislative Decree 196/03. The CUSTOMER may at any time exercise the right to object, in whole or in part, to the processing of their data and to request its cancellation.

The owner of the collection and processing of personal data is Space1999 srl. For further details in relation to the processing of personal data, please refer to the specific area of the SITE dedicated to Privacy.

15. Intellectual Property

All intellectual property rights, brands, copyrights, logos and models will remain the exclusive property of the respective manufacturers of what is marketed by Thefarks.com on the SITE.

16. Applicable law and jurisdiction

These GENERAL CONDITIONS are governed by Italian law and must be interpreted in accordance with Italian law.

For disputes arising from the interpretation, validity and/or execution of these GENERAL CONDITIONS, the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the consumer, if located in the Italian territory.

17. Dispute Resolution

Pursuant to the European Union Regulation n. 524/2013, the CUSTOMER residing in Europe is informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European CUSTOMER to resolve in a non-judicial manner any dispute relating to contracts for the sale of goods and services entered into on the web and/or deriving from them.

Consequently, if you are a CUSTOMER established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated by this site.

The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr

18. Contacts

For further information, please write to the following email address: info@space1999.com to consult the appropriate contact section of the SITE.

The clauses referred to in articles 5. purchase procedure, 6. Payment methods, 7. Confirmation of receipt of the order, 8. Ineffectiveness of the order, 9. Transport and delivery, 10. Right of withdrawal, 11. Replacement PRODUCTS, 12. Errors, 13. Limitations of liability, 16. Applicable law and competent court, are vexatious in nature pursuant to and for the purposes of articles 1341 and 1342 of the CC, therefore for the purpose of concluding the aforementioned contract you will be asked to read it and expressly accept its content.