Terms and Conditions of Sale
Art. 1 – Definitions
1.1. These general conditions and their attachments, which are considered an integral part of them and listed in Art. 14, available to the consumer for reproduction and storage in accordance with Art. 12 of Legislative Decree 70/2003, govern the purchase of products made remotely via telematic network through the website www.fuckingin.com (hereinafter referred to as the "Site") owned by Blackbird srl with a sole shareholder.
1.2. An "online sales contract" refers to a remote contract, i.e., the legal agreement concerning movable goods and/or services entered into between Blackbird srl (hereinafter also referred to as the "Supplier") and a final consumer—customer or other professional users (hereinafter also referred to as the "Customer"), within a remote sales system organized by Blackbird srl, which, for the conclusion of such a contract (hereinafter the "Contract"), exclusively uses the remote communication technology known as the internet.
1.3. A consumer is understood to be a natural person who purchases goods and services for purposes not directly or indirectly related to any professional activity they may carry out.
1.4. A professional user is understood to be a natural or legal person who purchases goods and services for purposes directly or indirectly related to any professional activity they may carry out.
Art. 2 – Acceptance of the Terms of Sale
2.1. These general conditions are valid from 01.01.2024 and may be updated, supplemented, or modified at any time by the Supplier, effective for the future, who will provide notification via the pages of the Website; the conditions outlined in the preamble are an integral and essential part of this contract.
2.2. All contracts will be concluded directly by the consumer customer or professional user accessing the Website, where they may, in fact, conclude the contract for the purchase of the desired goods and/or products by carefully following the provided instructions and procedures.
2.3. These general terms of sale and their attachments must be reviewed online before completing the purchase procedure. Therefore, submitting the order (and the related attachments) implies full knowledge of and complete acceptance of them.
2.4. By electronically submitting the confirmation of their purchase order, the customer or professional user unconditionally accepts and undertakes to observe, in their relations with the Supplier, the general conditions and payment terms described below, along with the related attachments, declaring that they have reviewed and accepted all the information provided by the Supplier in accordance with the aforementioned regulations, and also acknowledging that the Supplier is not bound by different conditions unless previously agreed upon in writing.
Art. 3 – Conclusion of the Contract
3.1. In order to formalize and submit the purchase order, the Customer must correctly fill in all sections and complete the online registration, following the on-screen instructions and finally selecting and accepting the checkboxes labeled "acceptance of the terms of sale and privacy policy."
3.2. The contract will be considered concluded upon acceptance of the order by the Supplier and the subsequent sending of the order confirmation.
Art. 4 – Products, Sale Prices, and Shipping Costs
4.1. The customer may purchase the products at the prices indicated in the electronic catalog provided by the Supplier and in the quantities available in stock.
4.2. The Supplier does not guarantee the continuous availability of products under the offered conditions and, in the event of unavailability after payment has been made, will inform the customer promptly and, if requested by the customer, refund the price without additional charges within 30 days, as specified in the following Art. 10.2.
4.3. Shipping costs are the responsibility of the customer. The prices displayed are for deliveries within the Italian territory. All customers may pay for the ordered goods using one of the following payment methods: PayPal, bank transfer, or credit card.
All products are shipped without an invoice, so the recipient will not see the prices, making them ideal as gifts.
4.4. Shipping prices may vary depending on weight, size, delivery destination, and/or other requested services (insurance, delivery times, etc.).
Art. 5 – Delivery Methods and Timing
5.1. The Supplier will deliver the products selected and ordered to the customers at the address indicated by them within 3 working days if the address is within the national/Italian territory, using the methods outlined in the previous article, through couriers.
5.2. The Supplier cannot be held responsible for delayed or failed deliveries due to force majeure or unforeseen events.
5.3. The Supplier is not responsible for delays in product delivery caused by the carrier or for any damages caused by the carrier to the goods.
Art. 6 – Liability
6.1. The Supplier assumes no responsibility for disruptions attributable to force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, pandemics, and other similar events that prevent, in whole or in part, the fulfillment of the contract within the agreed timeframes.
6.2. The Supplier will not be liable to any party or third parties for damages, losses, and costs incurred due to the failure to execute the contract for the reasons mentioned above, with the consumer being entitled only to a refund of the paid price.
6.3. The Supplier is not responsible for the fraudulent or unlawful use of credit cards or other payment methods by third parties when paying for purchased products. The Supplier, in fact, at no time during the purchase process is able to know the Customer's credit card number, which is transmitted directly to the banking service provider via a secure connection.
Art. 7 – Warranties and Support
7.1. The online sale governed by these Conditions is subject to the warranties provided under the Civil Code (Art. 1490 c.c.) and the Consumer Code (Art. 130), including the relevant terms of expiration and prescription (Art. 1495 c.c. and 132 of the Consumer Code).
Art. 8 – Customer Obligations
8.1. The Customer is strictly prohibited from entering false, and/or invented, and/or fictitious data during the registration process required to initiate the execution of this contract and related communications; personal details and email must be exclusively their own real data and not of third parties or fictitious persons.
8.2. It is expressly prohibited to make double registrations for a single person or to enter third-party data.
8.3. The Customer indemnifies the Supplier from any responsibility arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, who is solely responsible for the correct insertion of such data.
Art. 9 – Right of Withdrawal
9.1. The consumer, who for any reason is not satisfied with the purchase made, has the right to withdraw from the contract within 14 working days from the day of receipt of the purchased goods. The right of withdrawal can be exercised provided that the goods have not been used.
9.2. In accordance with Art. 52 of Legislative Decree No. 206/2005, the consumer customer may exercise the right of withdrawal by returning the goods received in their original packaging, without tampering with any warranty seals or damaging the outer packaging, and with all components and accessories, obtaining a refund of the price paid.
9.3. All return costs are borne by the customer, who will arrange for the delivery of the goods to the Supplier’s address either directly or through other means. All items must be returned undamaged and in the same condition in which they were received; returning goods through other means is not allowed.
9.4. Procedure for exercising the right of withdrawal:
a) Return procedure via the website.
The Supplier will accept the returned goods, reserving the right to verify that the products have been returned in their original condition and packaging; only in such a case will the Supplier proceed with the refund of the amount paid by the consumer for the purchase of the products.
9.5. The transport costs incurred for the delivery of the product to the customer and for its return to the Supplier are non-refundable.
Art. 10 – Authorizations
10.1. By filling in the appropriate space on the website, the Customer authorizes the Supplier to use their credit card or other selected payment methods and to charge their account for the total amount displayed as the cost of the online purchase. The entire procedure is carried out via a secure connection directly linked to the banking service provider, to which the Supplier has no access.
Art. 11 – Contractual Termination and Express Termination Clause
11.1. The obligations assumed by the customer under Art. 8 (Customer Obligations) and the guarantee of payment fulfillment are essential, so by express agreement, the failure of the customer to comply with just one of these obligations will result in the automatic termination of the contract under Art. 1456 of the Civil Code, without the need for judicial intervention, without prejudice to the right of the Supplier to take legal action for further damages.
Art. 12 – Protection of Personal Data
12.1. The Supplier undertakes to process the personal data collected for the customer’s registration and to activate the procedures necessary for the execution of this contract in compliance with the data protection regulations (GDPR and Legislative Decree 196/03 as amended by Legislative Decree 101/18) and for the purposes and methods specified in the information provided pursuant to Art. 13 of Regulation 679/16 EU, available at the following link.
Art. 13 – Applicable Law and Jurisdiction
13.1. Without prejudice to the application of mandatory consumer protection provisions, this contract is governed by Italian law, and any disputes related to it will be subject to the exclusive jurisdiction of the Court of Grosseto.