GENERAL CONDITIONS OF SALE
CAUTION: delivery times can vary according to product availability.
The website flykly.com hosts a technological platform, created and run by Flykly s.r.l., with registered office in Milan, Via Soperga 57, 20127, listed in the Milan Business Register under no. MI-2077439, share capital fully paid up, V.A.T. reg. no. 09225000968, which enables contact between the seller Flykly s.r.l. and the purchasers, for the purposes of online sale of goods and/or services (''MarketPlace'').
User: any individual who uses the online sale platform for purchase of the products offered by Flykly.
Term of withdrawal: the term by which the right of withdrawal must be exercised by the consumer. The term is understood to be essential under penalty of forfeiture.
Transfer of risk: the moment of transfer to the consumer of the risk of loss of or damage to the good.
Order form or Shopping Basket: the form compiled online by the User for the purchase of a Product via the website flykly.com.
Stipulation of the contract: the contract is understood to be stipulated at the moment when the User receives communication by email that the order has been accepted by flykly.com.
Total amount due: the amount comprises the price of the product (inclusive of VAT) and the delivery costs.
Product: the product subject of the online sale.
Withdrawal form: the standard withdrawal form provided on the Website and any other written declaration stating the User’s decision to withdraw from the contract.
Support Centre: the Centre in charge of after-sale support for the products purchased on the Website.
1. CONDITIONS OF SALE
1.1 FIELD OF APPLICATION
1.1.1 The sale of the Products via the website flykly.com constitutes a distance contract.
1.1.2 These Sale Conditions apply to all sales of the Products via the Website. Before proceeding with the purchase, the User is invited to carefully read these Sale Conditions which will be considered fully accepted once the User has sent the order form to flykly.com, according to the procedure indicated in point 1.4.
1.1.3 The Products may be purchased via the Website by users qualified as consumers. A consumer is defined as any individual who acts for purposes extraneous to any entrepreneurial, commercial, artisanal or professional activity that he/she may carry out. Individuals are permitted to purchase only on condition that they are of age (18+).
1.2 PRE-CONTRACT INFORMATION FOR THE CONSUMER
Before forwarding the Order Form, i.e. purchasing the product, the Website notifies to the User: a) the total price of the goods;
b) the means and terms of payment;
c) the goods delivery term;
c) the conditions, terms and procedures for exercising the right of withdrawal;
d) information concerning the fact that the User shall sustain the cost of return of the goods in the event of withdrawal;
e) the existence of the legal warranty and how to exercise it;
f) the after-sale support conditions.
1.3 PRODUCT INFORMATION
1.3.1 The Products that can be seen and purchased via the Website are each accompanied by an information page illustrating their main characteristics.
1.3.2 All the prices of the Products published on the Website are in Euros and are understood to be inclusive of VAT.
1.3.3 Flykly reserves the right to modify the price of the Products at any time; in any case the price of the Product that will be charged to the User will be the one indicated in the order summary viewed by the User prior to placing the order.
1.3.4 Flykly undertakes to describe and present the articles sold on the Website in the best possible way. Despite this, there may be some errors, inaccuracies or slight differences between the Website and the actual product. In addition, the photographs of the products presented on flykly.com do not constitute an element of the contract, since they are only provided for illustrative purposes.
1.4 INFORMATION REQUIRED FOR STIPULATION OF THE CONTRACT
1.4.1 In order to stipulate the purchase contract, the User shall compile an Order Form in electronic format and send it to flykly.com – (“SHOPPING BASKET”), electronically (for further information consult the item order form instructions). The sale contract is understood to be stipulated at the moment when the User receives communication by email that the order has been accepted by Flykly. The email address to which the confirmation will be sent will be the one indicated by the User in the Order Form and said confirmation will specify: a) User data; b) order number; c) price of the goods purchased; d) shipment costs; e) delivery address to which the goods will be sent; f) link for printing and filing the copy of these conditions. Flykly’s acceptance of the order shall be sent within 5 days from receipt of the order, failing which, once said term has elapsed, it will be understood that Flykly has not accepted the order.
1.4.2 Before sending the Order Form, the User will be able to correct any data entry errors, following the instructions provided on the Website. The Order Form will be filed in the Flykly database according to the terms established by law.
1.4.3 The language of the Order Form is Italian, English, German or French (as preferred by the User). Flykly makes available to the Users a Customer Service which will provide assistance in both Italian and English.
1.5.1. Payment for the Products purchased via the Website can be made as follows:
- Credit card
Payment for the Products can be made by credit card directly via the website flykly.com. VISA, Mastercard, AmericanExpress and Diners credit cards or any other card supported by the Stripe platform are accepted. The Total Amount Due is charged to the User when the order is sent to Flykly.
Flykly uses the Stripe secure payment service which uses the SSL safety protocol. The confidential data of the credit card are encrypted and sent to the payments operator. Flykly therefore never has access and does not store the data of the credit card used by the User for payment of the Products.
If the User chooses PayPal as the payment method, he/she will be redirected to the Paypal website, where he/she will make payment for the Products according to the PayPal procedure and the terms and contract conditions agreed by the User with PayPal.
The data entered in the PayPal website will not be sent to or shared with Flykly as they will be handled directly by PayPal.
In the case of payment via PayPal, the Total Amount Due will be charged by PayPal to the User upon transmission of the order to Flykly. In the event of termination of the purchase contract and in the event of refund, the amount of the refund will be credited to the User’s PayPal account. Once the account crediting order has been issued, Flykly may not be held liable for any delays or omissions in crediting the refund to the User. Said delays or omissions may be contested by the User only through PayPal.
1.6 TRANSFER OF OWNERSHIP
1.6.1 Ownership of the Product will be transferred to the User at the time of shipment, understood as the moment when the Product is delivered to the carrier, but the risk of loss of or damage to the goods, due to causes not attributable to Flykly, is transferred to the User only at the moment when the latter, or a third party designated by him/her and different from the carrier, materially comes into possession of the Product.
1.7 PRODUCT AVAILABILITY AND DELIVERY TIMES
1.7.1 The delivery times may vary according to product availability:
a) if the product is available in the warehouse, i.e. in stock, it will be delivered within seven working days;
b) if the product is not available from stock, it will be produced “ad hoc” and delivered within four weeks from the time of purchase.
Prior to purchase, the User will be informed of the terms within which Flykly undertakes to deliver the Products subject of the User’s order (terms a) or b)). The delivery terms run from stipulation of the contract, unless specified otherwise.
1.7.2 Unless agreed otherwise, the goods will be shipped by means of a forwarding agent operating under DHL Express Italy. The delivery obligation is understood to be fulfilled when material possession of the goods is transferred to the User.
1.7.3 At the time of Shipment, the User will be sent an email confirming that the goods have been delivered to the carrier, also containing the link with the tracking number via which the User can check the status of the shipment.
1.7.4 Delivery is subject to payment and, unless established otherwise, delivery costs will be sustained by the User. The amount of the delivery costs due by the User is expressly and separately indicated (in Euro and inclusive of VAT) during the purchase procedure, in the order summary and, in any case, before the User places the order.
1.7.5 The order summary will indicate the total price of the order, with separate indication of the delivery costs and any other additional costs. Said total, which will be indicated to the User also in the order confirmation email, will constitute the total amount due by the User in relation to the Product. For all sales made on the Website, Flykly issues a receipt, sending it by email to the name appearing in the purchase order heading. At the time of purchase (before closing the shopping basket), the User can request Flykly to issue the invoice. The latter will be sent by email to the name appearing in the purchase order heading. Issue of the invoice will be based on the information provided by the User at the time of placement of the order via the Website and which the User guarantees to be truthful.
1.8 RIGHT OF WITHDRAWAL
1.8.1 The User has the right to withdraw from the purchase contract without having to provide any reason for said withdrawal, within a period of thirty days and without having to sustain costs other than the direct costs for return of the Product and those indicated in points 1.8.7 and following. The Withdrawal Period expires after thirty days from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the Product.
1.8.2 To exercise the right of withdrawal, the User must inform Flykly of his/her decision. For said purpose, the User shall send the withdrawal form to Flykly prior to expiry of the term specified in point 1.8.1 (thirty days). The User must be able to prove to Flykly that he/she has exercised the right of withdrawal prior to expiry of the period specified in point 1.8.1.
1.8.3 In order to notify exercise of the right of withdrawal, the User can use:
a) the standard withdrawal form provided on the Website;
b) any other declaration stating his/her decision to withdraw from the contract.
1.8.4 The User shall send the form scheduled in the preceding article 1.8.3 to the following address: email@example.com. Flykly, in turn, will send the User an email confirming receipt of the withdrawal request.
1.8.5 The User may exercise the withdrawal online, compiling and sending the form electronically, following the guided procedure provided. Flykly will send the User, by email, confirmation of receipt of the withdrawal request.
1.8.6 The User is invited to indicate in the Declaration of Withdrawal the order number, the Product for which he/she wishes to exercise the right of withdrawal and his/her address.
1.8.7 The User must return the product for which he/she has exercised the right of withdrawal to Flykly, using a carrier of his/her choice and at his/her own expense, within the term of fourteen days from the date on which the wish to withdraw has been notified. The term is understood to be observed if the User returns the Product prior to expiry of the period of fourteen days. The Product, protected and packaged, must be sent to the following address: Flykly S.r.l Via Soperga 57, 20127 – Milan.
The Product is returned to Flykly under the responsibility and at the expense of the User.
The direct costs for return of the Product to Flykly are at the expense of the User.
1.8.8 If the User withdraws from the contract, Flykly will refund the total amount paid by the User for the Product, including the delivery costs (not the return costs), without undue delay and in any case no later than fourteen days from the day on which Flykly was informed of the User’s decision to withdraw from the contract. Flykly will make the refund using the same means of payment as the one used by the User for the initial transaction, unless the User has expressly agreed otherwise in the withdrawal form and on condition that the latter does not have to sustain any cost as a consequence of the refund.
1.8.9 The User is responsible for the reduction in value of the goods resulting from handling of the product purchased other than that necessary to establish the nature, characteristics and operation of the Product. The Product shall be returned intact, functioning and complete in all its components, with all the accessories and instruction sheets, with the identification tags still attached to the Product and intact. The Product shall be returned in its original packaging.
1.8.10 If the withdrawal has not been exercised in compliance with the provisions of the applicable law, it will not entail termination of the contract and will not establish the right to any refund. In this hypothesis, Flykly will reject the withdrawal request and will inform the User thereof by email within five working days from receipt of the Product. The Product will remain at the Flykly premises and withdrawal by the User will be at his/her own expense and under his/her own responsibility.
1.8.11 If the Product for which the User has exercised the withdrawal undergoes a reduction in value resulting from handling of the good other than that required to establish the nature, characteristics and operation of the Product, the amount of the refund will be reduced by an amount equal to said reduction in value. Flykly will notify the User, within five working days from receipt of the product, of said circumstance and of the consequent reduction in the refund.
1.9 LEGAL WARRANTY
1.9.1 All the products sold on the Website are covered by the Legal Warranty.
1.9.2 Flykly is responsible vis-à-vis the User for any lack of conformity existing at the moment of delivery of the Product to the User and occurring within two years from said delivery.
1.9.3 Under penalty of forfeiture of the warranty, the lack of conformity must be reported to Flykly within the term of two months from the date on which it was discovered.
1.9.4 In order to benefit from the legal warranty, the User is required to provide proof of the date of purchase and delivery of the good (via the order confirmation / or the purchase invoice/ or any document certifying the date of purchase and delivery).
A lack of conformity occurs when the good purchased:
a) is not suitable for the use for which goods of the same type are habitually used;
b) does not comply with the description provided by Flykly and does not possess the qualities of the good which Flykly has presented to the User as a sample or model;
c) does not have the usual qualities and performance of a good of the same type, which can be reasonably expected by the User, also taking account of the declarations made in the advertising or in the labelling;
d) is not suited to the particular use desired by the User and brought by the latter to the knowledge of Flykly at the time of stipulation of the contract and accepted by Flykly.
1.9.6 The legal warranty does not cover failures or malfunctions deriving from: a) accidents or responsibility of the User; b) use of the Product not conforming with the intended use thereof and/or with the instruction leaflet attached to the Product.
1.9.7 If the User reports the lack of conformity within the terms, he/she has the right: a) primarily to repair or replacement of the good free of charge, at the choice of the User; b) alternatively, to reduction of the price or termination of the contract, if the repair or replacement are excessively onerous or impossible.
1.9.8. If the User encounters a lack of conformity, he/she must contact Flykly mail customer care, and the latter will provide all information concerning the necessary procedure to be followed. Flykly will undertake to collect the Product and send it to the competent Support Centre.
If the Support Centre confirms the existence of the lack of conformity, if the User has requested repair, the Support Centre will proceed with the repair. If the User has chosen replacement and this is not excessively onerous or impossible for Flykly with respect to the repair, Flykly will undertake to replace the Product. Any repair/replacement costs and costs for transport to the Support Centre will be sustained by Flykly only if the Support Centre confirms the presence of the lack of conformity, otherwise they will be paid by the User.
1.9.9. If the Support Centre does not confirm the presence of the lack of conformity, Flykly will send the User the estimate issued by the Support Centre, so that the User can decide whether to have the repair or replacement carried out at his/her own expense. The User shall authorize the repair or replacement at his/her expense in writing.
1.9.10 Repair or replacement of the non-conforming Product will be carried out within an appropriate term from the request, not exceeding thirty days from receipt of the faulty product by the Support Centre. If the replacement or repair are not carried out within the established term, the User can request one of the alternative remedies provided for by the legal warranty (replacement, if repair has been requested; repair if replacement has been requested; reduction of the price or termination of the contract).
1.10 MANUFACTURER’S WARRANTY
1.10.1 The products sold on the Website are also covered by a warranty issued by the manufacturer (Manufacturer’s Warranty). The duration of said warranty is indicated in the Product technical sheet.
To benefit from technical support under warranty, the User shall keep the product purchase invoice, which is sent by Flykly with the purchase confirmation email, following the procedures specified in article 1.9.
1.11 CUSTOMER CARE AND COMPLAINTS
1.11.1 The customer care service can be contacted as follows:
- by email, at the address firstname.lastname@example.org
- via the Website, from the ''Contacts'' section.
1.12 APPLICABLE LAW
1.12.1 This contract is governed by Italian law.
1.12.2 In the case of users who are not habitually resident in Italy, the more favourable mandatory provisions of the law in the country where they are habitually resident will be applied.
1.13 JURISDICTION AND OUT-OF-COURT SETTLEMENT OF DISPUTES
1.13.1 The court of the place in which the User resides or has elected domicile is competent to settle all disputes relative to the application, execution and interpretation of these sale conditions.
1.13.2 In any case, it is possible to optionally resort to the mediation procedures for settlement of any disputes that may have arisen in the interpretation and execution of these sale conditions via the following website: https://webgate.ec.europa.eu/odr.