1. Scope of Application
I. Contractual partner of the customer is:
II. The following General Terms and Conditions apply to all contracts concluded between Fenetti, Quinta da Encosta Velha, Lote 152, 8650-067 Budens, Portugal (thereafter referred to as “Fenetti Outdoor Living”) and the customer for the delivery of goods as well as other services offered on the website: www.fenetti.eu The customer is responsible for the content of the contract.
III. The agreements made between Fenetti Outdoor Living and the customer result exclusively from the present General Terms and Conditions as well as the order confirmation. General terms and conditions of the customer do not apply. Neither do they apply if Fenetti Outdoor Living does not expressly object to their inclusion.
IV. Some provisions of the General Terms and Conditions shall only apply to the customer. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional capacity. Fenetti Outdoor Living expressly point out the limited validity in the respective individual case.
V. The contractual language is English.
2. Order of Fenetti items
YOU ORDER IN OUR ONLINE SHOP BY GOING THROUGH THE FOLLOWING STEPS:
I. Depending on the product type, you can select the quantity, colour, size, and other properties and then click on “ADD TO CART” to place the items in your shopping cart without obligations.
II. If you would like to purchase items from your shopping cart, click on “PROCEED TO CHECKOUT NOW”. This will take you to the ordering process.
III. Enter your delivery address and click on “NEXT”.
IV. Select a payment option. Depending on the payment method, you may need to make further entries. Then click on “NEXT”.
V. Before you send your order, you will receive an overview of all the data of your planned order (in particular billing and delivery address, product, price, quantity, payment method) in the fourth step. Here, you will be asked to confirm that your details are correct. You can also correct or change your order data here by clicking on “CHANGE”.
VI. Click on “BUY NOW“ to place your legally binding order.
You can also order our articles by phone on +351 21 124 5732 Monday to Saturday.
3. Conclusion of Contract, Withdrawal, Offer
I. You only make a binding offer to conclude a purchase contract by clicking the “BUY” button. Before submitting the order, the content of the order (product name, quantity, price, shipping costs, etc.) and the order data you previously provided will be displayed on an overview page. After receipt of the order, you will receive an email. This email confirms that we have received your order (hereinafter referred to as “ORDER CONFIRMATION”). Upon receipt to the order confirmation, we accept your offer and the purchase contract is concluded.
II. We save the text of the contract and send you the details of your purchase, including the General Terms and Conditions with the order confirmation. You can save and print these.
III. The offers of www.fenetti.eu are non-binding.
I. There is no minimum order quantity. The prices at the time of the order apply. Promotional offers in our shop may be limited in time or quantity. Details can be found in the product description. The prices stated on www.fenetti.eu are Euro prices and include the statutory VAT (e.g., Tax on goods for your region of purchase).
II. You can pay by credit card/debit card, as well as with Klarna (invoice or instalments).
III. Fenetti Outdoor Living reserves the right to exclude individual methods of payment to the customer after a credit check.
IV. You agree that you may also receive invoices in electronic form.
5. Delivery and Delivery Times
I. Orders will be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.
II. Time sensitive offers are valid once payment is confirmed.
III. The ordered goods will be delivered to the address specified by the purchaser, unless otherwise agreed in the contract. Fenetti Outdoor Living reserves the right to make a partial delivery if this is advantageous for a speedy processing.
IV. FREE Delivery is offered to a few parts of Spain, and Portugal, where road accessibility is maintained to a modern standard. For remote areas, including secluded rural areas and outlying islands, additional fees may apply. You will be either notified at the point of purchase if additional fees may apply, or once the product is being prepared for shipment. If you are aware that you live in a harder-to-access area, please be prepared to bear an additional fee.
V. Shipping information for individual products can be found on the respective product page. Orders can be delivered by different shipping companies. The selection of a specific shipping partner for individual products is not possible.
VI. Delivery can be expected within 3 -5 days (in most cases). If a delivery cannot be completed after the customer has confirmed their availability to the couriers, a re-delivery charge of €250 will be applied to the customer account.
VII. Within Portugal, Fenetti Outdoor Living offers you a 2-man delivery service for a fee of 300€, which carries the furniture to your desired location.
Please note that this is not an assembly service!
VIII. If the goods cannot be delivered or cannot be delivered in time, Fenetti Outdoor Living will notify the customer immediately.
IX. If Fenetti Outdoor Living's supplier does not deliver the goods in time, the relevant delivery period shall be extended until Fenetti Outdoor Living's supplier delivers the goods plus a period of 4 working days, but not exceeding a period of 4 weeks, provided that Fenetti Outdoor Living is not responsible for the delay in delivery by the supplier and has immediately reordered the goods. If in the aforementioned case the goods are not available from Fenetti Outdoor Living's supplier for the foreseeable future, Fenetti Outdoor Living is entitled to withdraw from the purchase contract. In the event of a withdrawal, Fenetti Outdoor Living will immediately refund payments made to the customer. The refund of the purchase amount will be made within 7 days, depending on the original payment method. The legal rights of the customer due to delay in delivery are not affected by the above provision, whereby the customer can only claim damages in accordance with section of these General Terms & Conditions.
6. Gas Products & Fittings
Please note that our firepit gas fittings come with a standardised head for the countries’ recommended fitting. However, depending on which country you're ordering from, your gas supplier might use their own head fitting. This is particularly true of Spain & Portugal. Please check with your gas supplier as they might need to replace the firepit gas supply to be compatible with their gas bottle fitting.
Firepits can also be adapted to connect to your building’s gas supply, where this is possible.
7. Legal Right of Withdrawal for Customers.
Customers have a statutory right of withdrawal.
RIGHT OF REVOCATION
If you are a consumer, you have the right to withdraw from this contract within three (3) days without giving any reason.
The withdrawal period is three days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last item.
To exercise your right of withdrawal, you must send us
Quinta da Encosta Velha,
by means of a clear declaration (e.g., a letter or e-mail sent by post) of your decision to revoke this contract.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF THE REVOCATION
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
Please note that we will only arrange the refund once the following conditions have been met:
a) The customer must disassemble the furniture and stow it in the original packaging.
b) The furniture must be in perfect condition - unless damage has been caused by the delivery - so that the furniture can be resold.
c) You can produce a return receipt showing that you have actually sent the goods back to Fenetti Outdoor Living.
d) The customer must organise the return shipment independently.
e) The costs incurred by the return shipment are to be borne by the customer, not by Fenetti Outdoor Living.
f) The customer is only responsible for any loss in value of the goods if this loss is due to a handling of the goods that is not necessary for the inspection of the condition, properties and functioning of the goods.
g) Fenetti Outdoor Living has confirmed the receipt of the returned goods in the warehouse and has made sure that the goods are in the original carton and in perfect condition.
h) Fenetti Outdoor Living will only arrange for a refund of the value of the goods once the above criteria have been met.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The time limit is granted if you send the goods before the end of the period of fourteen days.
8. Transfer of Risk
If the customer is a consumer, Fenetti Outdoor Living bears the shipping or transport risk. In this case, the risk only passes to the customer with the handover of the sold item. If the customer is an entrepreneur, the risk is transferred to the customer with the handover of the goods to the transport company.
9. Retention of Title and Right of Retention
I. The delivered goods remain the property of Fenetti Outdoor Living until full payment has been made. If the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, the retention of title also exists beyond this until all claims of Fenetti Outdoor Living from the current business relationship have been settled.
II. the customer is only authorised to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
10. Exclusion of Liability
I. Fenetti Outdoor Living is liable without limitation for breaches of duty by Fenetti Outdoor Living or its representatives or vicarious agents that are based on intent or gross negligence. If an essential contractual obligation - i.e., an obligation, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the purchaser may regularly rely - is breached by simple negligence, the liability of Fenetti Outdoor Living is limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. In all other respects, the liability of Fenetti Outdoor Living - also for vicarious agents - is excluded.
II. the exclusions and limitations of liability provided for in paragraph 1 do not apply in case of injury to life, body and health as well as for fraudulently concealed defects.
III. possible legal liability privileges in favour of Fenetti Outdoor Living, remain unaffected.
IV. For all direct or indirect references to www.fenetti.eu with links to other sites on the Internet, Fenetti Outdoor Living expressly declares that it has no influence whatsoever on the design and content of the linked sites.
11. Data Storage and Data Protection
Fenetti Outdoor Living collects and stores the customer's data necessary for the business transaction. When processing the customer's personal data, Fenetti Outdoor Living observes the statutory provisions. Further information can be found in our separate data protection declaration.
12. Protection of Intellectual Property
The content and works on these pages created by the site operators are subject to Portugal copyright law and other laws for the protection of intellectual property. Duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly.
13. Final Provisions
I.Fenetti Outdoor Living is entitled to make changes to the General Terms and Conditions at any time and without giving reasons, unless essential regulations of the contractual relationship (in particular type and scope, term, termination) are included. The amended terms and conditions will be sent to the customer by e-mail at least six weeks before they come into force. The amendments shall be deemed to have been approved if the user does not object to them within six weeks of receipt of the e-mail. If the customer exercises the right of objection, the amendments shall not become part of the contract and the contract shall continue unchanged. The right of termination remains unaffected.
II. Should individual provisions of this contract be invalid, this shall not affect the validity of the General Terms and Conditions in other respects. If an individual provision is invalid, the parties shall agree on a legally valid replacement provision which comes as close as possible to the legally invalid provision in economic terms. This also applies in the case of a loophole.
III. The business relations between Fenetti Outdoor Living and the customers are subject to Portugal law under exclusion of the UN Convention on Contracts for the International Sale of Goods. The choice of law does not result in the consumer being deprived of the protection granted to him under the mandatory consumer protection provisions of the law applicable at his habitual place of residence. Nor does the choice of law mean that the consumer must enforce his law before a foreign court.
IV. For customers who are merchants, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Portugal. The customer is a merchant if he operates a commercial enterprise or is classified as a merchant in the Commercial Code for other legal reasons.
V. Fenetti Outdoor Living is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.