General conditions of Sale

Except as otherwise provided in the Agreement, the following terms and expressions will have the following meanings:

a) FGM04 S.p.a. : FGM04 S.p.a., with registered office in Modena (MO), Via Begarelli n. 21, ZIP code 41121 and warehouse in Modena (MO), Via Decorati Al Valor Militare n. 2/4, ZIP code 41126, R.E.A. MODENA 374556, P.I. 03287860369, tel. 059.567.893, fax 059.854.000, emailinfo@fgm04.com (general information), info@pec.fgm04.com (PEC address).

b) "Site" or "Website": the site reachable at the URLs www.fgm04.com, www.fgm04.it, www.fgm04.eu, www.fgm04.es, all owned by FGM04 S.p.a.

c) "Customer": the natural person who concludes the contract for the purchase of one or more Products.

d) "Consumer" or "Consumer Customer": the Customer (natural person) who acts for purposes unrelated to the entrepreneurial, commercial, craft or professional activity eventually carried out.

e) "Professional" or "Professional Customer": the Customer (natural or legal person) who acts in the exercise of his entrepreneurial, commercial, artisanal activity or professional, or an intermediary thereof.

If the Customer intends to conclude the contract for the sale of Products by FGM04 S.p.a. operating as a Professional, you can contact the company by sending an email to commerciale@fgm04.com.

f) “Parties”: FGM04 S.p.a. and the Client.

g) "Product": each product made available for purchase through the electronic catalog made available on the Site, such as, by way of example but not limited to, food supplements, fitness tools , cosmetics product.

h) "Working days" and "working hours": from Monday to Friday, except national holidays, with working hours from 9:00 to 13:00 and from 14:30 at 18:00.

i) “General conditions”: these General conditions of sale, which govern the relationship between FGM04 S.p.a. and consumer customers.

l) “Contract”: consists of these General Conditions and the Order Confirmation. In the event of a discrepancy between the General Conditions and the Order Confirmation, the Order Confirmation will prevail.

1.  Parties to the contract are FGM04 S.p.a. and the Consumer Customer, whose personal data are indicated in the Order Confirmation sent by FGM04 S.p.a.:, which constitutes an integral part of the Purchase Contract. The data of FGM04 S.p.a. are indicated in art. 1,comma 1, lett. a, of these General Conditions.

2.  The contract stipulated between FGM04 S.p.a. and the Consumer Customer is subject, among other things, to the specific legislation referred to in section II ("Pre-contractual information for the consumer and right of withdrawal in remote contracts and contracts negotiated away from business premises"), art. from 49 to 59, as well as sections III ("Other consumer rights"), articles from 60 to 65, and IV ("General Provisions"), articles from 66 to 67, of Legislative Decree 6 September 2005, n. 206 ("Consumer Code").

1.  These General Conditions of Sale for Consumer Customers ("General Conditions") govern the purchase, made by Consumer Customers, of the products referred to in the electronic catalog made available on the websites www.fgm04.com, [_0127-3- 1_], www.fgm04.eu, www.fgm04.es ("Site").

2.  These General Conditions apply to all purchases referred to in paragraph 1 made after 01 January 2016.

1.  The Customer can purchase one or more Products present in the electronic catalog of the Site (illustrated and described in the relative information sheets) by placing them in the "cart" and respecting the technical access procedures set out on the Site itself.

2.  The publication of the Products indicated on the Site constitutes an invitation addressed to the Customer to formulate a contractual purchase proposal to FGM04 S.p.a. . Before actually sending the order, the Customer is shown a page which summarizes, among other things, the Products selected, their price and any delivery costs. The General Conditions and the privacy policy can be viewed, saved and printed before sending the order.

3.  The order sent by the Customer has the value of a contractual proposal and, by sending this order, the Customer acknowledges having complete knowledge and fully accepting these General Conditions. The Customer is invited to print and keep the summary of the order, shown after sending it through the Site. The "notes" field that may be present in the electronic order form can be used by the Customer only to enter any operational indications (e.g., name on the intercom) and will not bind any Part of the Contract in any way, nor can it contain any exceptions to these General conditions or in any case to the contractual ones.

4.  FGM04 S.p.a. has the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind, in any capacity, in case of non-acceptance of the order. Any acceptance of the Customer's proposal is confirmed by FGM04 S.p.a. by means of an order confirmation e-mail message to the e-mail address communicated by the Customer. The purchase contract stipulated between FGM04 S.p.a. and the Customer is considered concluded with the sending of the order confirmation to the Customer, without prejudice to the verification referred to in paragraph 5.

5.  The Customer acknowledges that the order confirmation referred to in the preceding paragraph is sent following an automated check; if, upon packing and shipping the Products, FGM04 S.p.a. should it find any errors in the catalog or in the order in relation to the price and/or characteristics and/or availability of a Product, it will promptly notify the Customer in order to agree on the modification or cancellation of the order.

6.  The Customer, as a consumer, can exercise the right of withdrawal in the terms and conditions of the law, on which reference is made to the articles. 24 ("Right of withdrawal") and 26 ("Cases of exclusion of the right of withdrawal") of these General Conditions.

7.  The Customer acknowledges that some products on the site could: be packaged and/or personalized in his favour; risk deterioration; not lend themselves to being returned for hygienic reasons or connected to health protection, if sealed and opened after delivery; by their nature, mix inseparably with other goods, after delivery. Therefore, certain rights due to the same, even as a Consumer, could be limited (such as, by way of example and not limited to, in compliance with the provisions of art. 23 "Cases of exclusion of the right of withdrawal").

1.  The visual representation of the products on the Site normally corresponds to the photographic image of the products themselves and/or their packaging.

Possible differences in color are to be considered normal between the photo and the original and are due to the difference of the screen with which you view the product. Always check the written color name.

1.  The Customer can only purchase the goods present in the catalog published on the Site and in the quantities indicated therein. The prices and availability of the products, as shown on the Site, are subject to change at any time and without notice.

2.  The products available for shipment are highlighted on the Site. The Customer acknowledges that, due to the possible simultaneous access to the Site by multiple users and the time between loading the web page and placing it in the cart, the actual availability of individual Products could vary significantly during the same day with respect to the indications given on the Site. When the order proposal is sent by the Customer, the IT system of the Site verifies the effective availability of the Products purchased and warns him of any unavailability of one or more Products before the Customer makes the payment. FGM04 S.p.a. undertakes to fulfill its obligations in a short time and in any case in the manner and within the terms set out in art. 15 of these General Conditions; if the delivery times of the ordered product are delayed with respect to those indicated on the Website before the order is placed, FGM04 S.p.a. undertakes to promptly notify the Customer via an e-mail message to the address indicated by the Customer when purchasing products. If it is not possible, for any reason, to proceed with the delivery of the products purchased in compliance with the art. 15 of these General Conditions, FGM04 S.p.a. reserves the right to inform the Customer of the cancellation of the order.

7.1. The company FGM04 organized the Ikoner program for promotional purposes only.
7.2. All users have the opportunity to subscribe-at their sole discretion-to the Ikoner program
And generate your own promotional code, it being understood that the registration to this program does not represent
A necessary condition to purchase the products of FGM04. The subjects enrolled in the Ikoner program will be
Renamed by FGM04 the “ikoner”.
7.3. All Ikoner have the opportunity to spread their promotional code among friends and relatives: i
Subjects who use the discount code received by the Ikoner will be able to benefit from an immediate discount
Equal to 10% of the value of your purchase, while the ikoner who sent the promotional code
Will receive a commission of 8% compared to the value of the purchase made by the buyer invited (8%
Is calculated on the total price paid by the invited buyer).
7.4. The commission due to the ikoner consists of a gift card-not convertible into cash-that can be spent
Exclusively on the site of www.fgm04.com ..
7.5. The commission referred to in art. 7.4. Will be available for use after 15 days (expected time
By law for a possible return by the customer) from the date of receipt of the order by
Of the buyer invited by the ikoner.
7.6. It is understood that if the buyer invited by the Ikoner exercises the right of withdrawal within the time limit
15 days from the date of making the purchase order, the commission will be canceled and nothing will be due
All'Icons;
7.7. The Ikoner program is exclusively for promotional purposes and does not represent a sales structure
Pyramidal nor a multi level marketing structure;
7.8. Ikoners cannot use their own promotional code for their own purchases;
7.9. Ikoners can delete their profile and promotional code at any time
Taking advantage of the features made available by the FGM04 app, it being understood that the possible value of the
Gift card obtained remains usable at any time on the website of the FGM04 company referred to in art. 7.4;
7.10. The discounts referred to in this article can be combined with other promotions in progress;
7.11. The company FGM04 reserves the right to modify or suspend the program at any time and/or
To delete-without any prior communication-users who do not use their code of
Discount for a period of more than 30 days. In this case the value of any Giftcard accrued is
However usable at any time on the FGM04 website.
7.12. The IKONER program does not provide for the sending of free products to Ikoner.
7.13. Ikoners are not required to buy any product of FGM04, nor to carry out any investment
Within FGM04, for the purpose of carrying out the activity under the Ikoner programme.
7.14. For registration to the “Ikoner Program-Bring a friend”-since it is a program for purposes
Promotional-Ikoner must give their consent to receive newsletters and material
Information to keep up to date with the products of the company FGM04. Consent is always revocable. In
Case of unsubscribing from the newsletter, the company, reserves the right to suspend the user from the program Ikoner
Without any prior communication.
7.15 Without prejudice to the provisions of art. 7.14, for the purposes of subscribing to the newsletter it is still necessary
A positive action by the user who in fact will have to give consent to the receipt of the newsletters in
In case he intends to enroll in the Ikoner program.
7.16 the provisions of this Article shall apply solely and exclusively in relation to
Program Iconer.

1. Payments in execution of the Purchase Agreement may be made by cash on delivery or credit card or PayPal, if the delivery takes place in Italy. The Customer is required to choose, at the time of conclusion of the Purchase Contract, the chosen payment method.

2. For purchases from abroad, the accepted payments are PayPal and credit card.

1. In case of purchase with payment by cash on delivery, the payment must be made

exclusively with cash, in Euros and for a maximum amount of € 999.99, to the courier who will make the delivery. The Customer must prepare the exact sum indicated in the Order Confirmation and acknowledges that the courier has no change. In no case will other means of payment be accepted, such as, by way of example and not limited to, bank drafts and checks.

2. In case of non-payment by the Customer of the agreed price, for any reason or cause, FGM04 S.p.a. may at its sole discretion ask the customer if he still intends to receive the order. If the FGM04 company proceeds in this sense and the customer communicates his/her wish to receive the order anyway, the FGM04 company will invite the customer to pay the agreed price by bank transfer, subject to any further action and will carry out the new shipment within 15 days of receipt of the amount expected as the purchase price in your bank account.   Until the Customer has regularized his debt position with FGM04 S.p.a. , the latter reserves the right to cancel any subsequent deliveries of products, to terminate any existing Purchase Contracts as well as to block the purchasing functions through the Site, without prejudice to the compensation for any further damage.

1. If the Customer proceeds with the purchase of the products with payment by credit card or PayPal, the information relating to the buyer's credit card will be transmitted and managed by a third party ("Intermediary"), via a protected connection directly to the website of the 'Intermediary who manages the transaction. The accepted circuits are indicated on the Website before sending the order.

2. The payment procedure by credit card takes place using a secure connection, where the Customer will find the indication of the order amount and must indicate the type, number and expiry date of the credit card. Additional data or security codes may be requested in some cases by the Intermediary (such as, by way of example but not limited to, for the Master Card Secure Code and Verified by Visa security services). The indication of a telephone number where the Customer can be contacted is always required.

3. In order to fully protect customer safety, FGM04 S.p.a. he never gets to know the credit card number, which is only received from the banking institutions that must provide the authorisation. A FGM04 S.p.a. only the outcome of the transaction is communicated. In other words, no data relating to the credit card is transcribed on the documents relating to the order and/or stored by FGM04 S.p.a. .

4. If you buy with Scalapay you will receive your order immediately and pay in 3 instalments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize this transfer.

In case of failure to collect the goods (for any reason or reason), or in case of impossibility to deliver the ordered product, causes attributable to the customer himself, the FGM04 company may, at its sole discretion, request reimbursement of any expenses incurred, on the basis of the purchase order placed by the customer. If the FGM04 company requests the customer to reimburse the expenses incurred, the customer may request that these expenses be duly documented by the FGM04 company.

Cash on delivery (pay in cash) + 4 Euros

In case of payment in cash upon delivery, 4 euros of extra costs are foreseen. In the event of non-collection, for reasons attributable to the customer, we will initiate a procedure to recover the shipping and return costs of 30 euros. There is no courier call before delivery.

1. The Customer will pay to FGM04 S.p.a. the price indicated on the order confirmation page. All the prices of the Products are indicated on the Site and are inclusive of VAT only. In the event that a Product is discounted, the original or ordinary price and the final price are indicated.

2. Shipping costs are currently free for orders over €30.00 if the delivery address is located in Italy, with the exception of smaller islands and disadvantaged areas, for which a shipping cost contribution ranging from 8 at 13€

Cash on delivery orders: €4.00 (VAT included).

3. For orders under €30.00, shipping costs may vary as follows:

Contribution to shipping costs €6.00 (VAT included) for destinations in Italy with the exception of the smaller islands.

Shipping costs for orders in Europe: the shipping costs contribution will be calculated automatically during check out once the destination country has been entered

Customs taxes are excluded, where required, which are always charged to the customer.

Shipping costs for orders outside Europe: request a personalized quote by email clienti@fgm04.com.

4. The amount of delivery costs, where due, is indicated on the order summary page shown to the Customer before sending the order.

1. For each Purchase Contract finalized through the Site, FGM04 S.p.a. will issue a summary of the order regarding the products that will be shipped.

2. The information provided by the Customer at the time of the order will be used for the eventual issue of the invoice. The Customer assumes all responsibility for the correctness of the aforementioned information.

3. The customer who wants an invoice must make an explicit request by email to clienti@fgm04.com before placing the order.

No change in the invoice will be possible after its issuance.

4. No invoices will be issued for orders already delivered or/and already shipped.

5. In case of invoice request, 10 euros will be added for storage, management and order preparation costs which will be paid by bank transfer

1. FGM04 S.p.a. will normally process the order within 24 hours (except weekends and holidays) from the day of receipt of the same. In particular, orders received before 3.00 pm are generally processed in the afternoon of the same day, while those received after 3.00 pm are generally processed the following day. With the fulfillment of the order FGM04 S.p.a. entrusts the Products to the trusted courier or shipper to be sent to the address indicated by the Customer, summarized in the order confirmation. Deliveries are made by land transport approximately within the next 24/48 hours (excluding weekends and public holidays).

2. In the event that a problem occurs with the courier during transport and the package does not arrive at its destination within the indicative term referred to in paragraph 1, the Customer can promptly report it to FGM04 S.p.a., who will try to resolve the matter within a reasonable period of time. FGM04 S.p.a. invites the Customer not to contact her before the aforementioned indicative term has elapsed, since she would not have the necessary data to be able to profitably activate with the appointed courier.

3. The terms of evasion and delivery referred to in paragraph 1 are only indicative and not guaranteed, by virtue of the many variables involved, with particular but not exclusive reference to the delivery phase by the courier. In compliance with current legislation, FGM04 S.p.a. undertakes to deliver the products to the consumer within 30 days from the date of conclusion of the contract. No responsibility, for any reason, can be charged by the Customer to FGM04 S.p.a. if the products are not delivered according to the indicative term referred to in paragraph 1.

4. Delivery times refer to the products present in the warehouse at the time of the purchase order.

No responsibility can be attributed to FGM04 S.p.a. for delays in the delivery of the goods due to unforeseeable circumstances or force majeure, as well as in the event of strikes, atmospheric events, special holidays, warehouse inventories, relocations, changes to information systems and other extraordinary events; they are suitable to cause times longer than the indicative ones in order fulfillment, even in the order of several days.

5. In any case, if the delivery times of the ordered Product should be delayed with respect to the delivery times indicated on the Website prior to the order, FGM04 S.p.a. undertakes to promptly notify the Customer via an email message sent to the address indicated by the Customer.

1. All product deliveries will be at the risk of FGM04 S.p.a. until the moment in which the Customer or a third party designated by him materially enters their possession.

2. The delivery terms indicated on the Site are given as an indication. FGM04 S.p.a. undertakes to deliver the products to the consumer within 30 (thirty) days from the date of conclusion of the contract. No responsibility, for any reason, can be charged by the Customer to FGM04 S.p.a. if the products are not delivered according to the terms indicated on the Site.

3. Unless otherwise communicated to the Customer by FGM04 S.p.a. , the delivery of the products is understood to be at street level.

4. In order to carry out the delivery of the products ordered, the presence of the Customer or his representative is required in the place indicated by the Customer, who will therefore accept the package on his behalf. Courier delivery times are usually between 8:30 and 19:00. In case of absence of the Customer (or one of his representatives), the forwarder will leave a notice with the indications for being able to agree on a different delivery date.

5. If the delivery does not take place for reasons attributable to the Customer (for example, due to his absence and/or his failure to contact the courier pursuant to paragraph 3), the latter is required to pay the shipping costs incurred by FGM04 S.p.a. .

1. Upon delivery of the products by the shipper appointed by FGM04 S.p.a., the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document on the packaging and that the packaging itself is intact, not damaged or otherwise altered, even in the closing materials, checking with particular care for the possible presence of signs that indicate the breakage of the goods sent.

2. Under penalty of forfeiture, any damage to the packaging and/or products and/or the mismatch in the number of packages and/or indications must be immediately contested by the Customer, who must declare, in writing, to the person in charge of the delivery of the products, that they are accepted "subject to inspection" or reporting that they are "damaged": failing that, no claim will be accepted. The Customer also undertakes to report promptly, and in any case no later than 24 hours from the date of delivery, to FGM04 S.p.a. (by email or registered letter with acknowledgment of receipt to the address referred to in art. 1 of these General Conditions) any and all possible problems concerning the integrity, correspondence and/or completeness of the products received, under penalty of forfeiture.

1. FGM04 S.p.a. is not liable for cases of force majeure, unavailability of means of transport, acts of third parties, unforeseeable or inevitable events that cause a delay in deliveries and/or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to be paid by FGM04 SpA .

2. In the cases referred to in the previous paragraph, FGM04 S.p.a. has the right to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In such cases, FGM04 S.p.a. undertakes to provide timely and adequate communication of its determinations to the email address indicated by the Customer, who, in this case, has the right to a refund of any price already paid, excluding any further claim, for any reason, against FGM04 S.p.a. . In this sense, the Customer explicitly waives any claim, even by way of mere reimbursement and/or indemnity, against FGM04 S.p.a. .

1. FGM04 S.p.a. is not liable for cases of force majeure, unavailability of means of transport, acts of third parties, unforeseeable or inevitable events that cause a delay in deliveries and/or make deliveries difficult or impossible or cause a significant increase in the cost of delivery to be paid by FGM04 S.p.a..

1. The products sold by FGM04 S.p.a. must be kept and stored by the Customer using the precautions and precautions necessary for this purpose and related to the nature of the products themselves.

2. Negligence and/or inexperience in the conservation of each product can damage it and compromise its qualities. FGM04 S.p.a. is not liable for any damage to the products sold deriving from erroneous and/or incorrect storage of the same, with express forfeiture of any guarantee regarding them.

1. The Consumer customer enjoys both the ordinary guarantee provided for by the Civil Code, referred to in this article, and the guarantee for any lack of conformity provided for by the Consumer Code, referred to in the following article.

2. FGM04 S.p.a. guarantees that the Products are free from material and manufacturing defects for a period of 2 (two) weeks from delivery, without prejudice to the limitations set out in art. 22 ("Exclusions and limitations of the guarantee").

1. In addition to the guarantee provided for the defects of the thing sold in accordance with the provisions in force, FGM04 S.p.a. is responsible towards Consumer Customers, in accordance with articles 130 and 132 of Legislative Decree 206/2005, of any lack of conformity of the products existing at the time of delivery. The lack of conformity is considered to exist if: (i) the product is not suitable for the use for which goods of the same type are normally used; or (ii) does not conform to the description or does not possess the qualities referred to in the sample or model possibly shown by FGM04 S.p.a. ; or (iii) does not offer the usual qualities and performance of a good of the same type that the Consumer can legitimately expect; or (iv) is not suitable for the particular use intended by the Consumer if brought to the attention of the seller at the time of purchase and accepted by FGM04 S.p.a..

2. The Consumer Customer forfeits the rights granted to him by art. 130, paragraph 2 of Legislative Decree 206/2005 if you do not report to FGM04 S.p.a. the lack of conformity within the period of two (2) weeks from the date on which the defect was discovered.

3. FGM04 S.p.a. will make every diligent effort to replace, at its own care and expense, with other products of the same quality and title available in its warehouses, those Products delivered that are damaged or defective, provided that the same have been returned by the Customer in the original packaging (complete with all its component parts). If the replacement with the same product is not possible, FGM04 S.p.a. will refund the Customer the amount paid for the defective product, excluding any further liability of FGM04 S.p.a., for any reason.

4. The cases of exclusion and limitation of the guarantee are explained in art. 22 ("Exclusions and limitations of the guarantee").

1. The shipping costs of sending by the Customer to FGM04 S.p.a. for assistance will be entirely borne by the Customer, while those relating to the return will be entirely borne by FGM04 S.p.a. .

2. The guarantee pursuant to articles 17 ("Warranty") and 18 ("Additional legal warranty for the Customer Consumer") is excluded if the Customer has damaged the Products through his own willful or negligent conduct, or in any case if, through his negligence and/or carelessness and/or other reasons not attributable to FGM04 S.p.a., has damaged and/or rendered defective the Products, and/or exposed the same to natural events and/or has used the same improperly and/or without following the technical instructions indicated in any manuals, and/ or has carried out and/or had carried out by personnel not authorized by FGM04 S.p.a. repairs, interventions or tampering, and/or has omitted the necessary maintenance, and/or has kept them incorrectly. The guarantee is also excluded if the defects and/or flaws and/or malfunctions derive from a use of the Products other than that referred to in the Contract and/or for which they were designed and manufactured, or in cases of normal wear or deterioration of parts consumables.

3. If FGM04 S.p.a. finds that any flaws or defects in one or more of the Customer's Products are directly or indirectly attributable to the Customer, the latter will be required to pay the costs of verification incurred for this purpose, as well as, by way of derogation from paragraph 1 of this article, the out-of-pocket expenses for its return.

1. The Consumer Customer has the right to withdraw from the contract, without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the Consumer Customer or a third party, other than the carrier and designated by him, acquires physical possession of the products.

It is understood that the product must be intact in its entirety and not used.

2. The cosmetic or supplement products are intended to be used, and therefore excluded from the right of withdrawal, once the cap has been unscrewed or the external transparent film has simply been removed, as after having taken in the air, they are effective for 3 to 12 months and therefore can no longer be placed on the market.

The products with the Frida brand are garments, in the event that the garment has been worn for a longer period than that necessary to evaluate the correctness of the size and the conformity of the product causing damage, the Customer will be responsible for the reduction in the value of the product.

It is also possible to change the size if the above requirements are met.

If the purchase was concluded by taking advantage of a promotion:

returns are not possible. only the possibility of exchange remains.

In the event of a return, the consumer must also return the gifts and samples contained in the promotional package. Otherwise the costs of the same will be charged. (to be evaluated from time to time based on the product object of the gift and/or promotion)

3. In the event that the consumer requests to exercise the right of withdrawal recognized by law, he becomes responsible for the reduction in the value of the Product resulting from the handling of the product beyond the use necessary to establish the size, quality and conformity of the purchased product. In the event of damage to the products purchased due to use beyond the time necessary to establish their conformity referred to above, due to inappropriate use or damage caused by mistake. put them back on the market) the cost of the product will be charged. When choosing the size, we recommend that you always rely on the tables in cm on each product page.

4. To exercise the right of withdrawal, the Consumer Customer is required to inform FGM04 S.p.a. to one of the addresses transcribed below: info@pec.fgm04.it;

4. The Consumer Customer must communicate his decision to withdraw from the contract stipulated with FGM04 S.p.a. through an explicit declaration, by sending a letter by post, fax or e-mail to the addresses referred to in the previous paragraph.

5. To meet the withdrawal deadline, it is sufficient for the Consumer Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.

6. Pursuant to art. 54, paragraph 4, of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal lies with the Consumer Customer, therefore it is advisable that this communication be sent to FGM04 S.p.a. by registered letter with return receipt (with acknowledgment of receipt) to the following address: Via Decorati al Valor Militare n. 4, ZIP code 41126, Baggiovara (MO); or via P.E.C. at info@pec.fgm04.it; or by any other suitable means to demonstrate with certainty the shipment and receipt of the communication by FGM04 S.p.a..

7.Products purchased using special discounts and promotions cannot be returned or replaced.

1. If the Consumer Customer withdraws from the contract stipulated with FGM04 S.p.a., without undue delay and in any case no later than 14 (fourteen) days from the day on which FGM04 S.p.a. has been informed of the Consumer Customer's decision to withdraw from the contract, only the costs of the product will be reimbursed.

2. From the reimbursement, at the discretion of the company FGM04, shipping costs incurred for sending the package will be deducted if incurred by the company following a promotion (quantifiable immediately in the flat-rate amount of € 10.00) and finally the amount of € 4.00 cash on delivery will be deducted, In case the customer we have opted for this method of payment.

3. These refunds will be made using the same payment method chosen by the Consumer Customer at the time of completing the purchase order, unless the parties have expressly agreed otherwise; in any case, the Consumer Customer will not have to incur any costs as a result of this reimbursement. The refund may be suspended until the goods are received, or until the Consumer Customer demonstrates that he has sent the goods back, whichever is earlier.

4. If the return occurs due to a defect in the product, all costs relating to the return of the product and its replacement will be borne by FGM04 S.p.a. .

5. The Consumer Customer must return the goods or deliver them to FGM04 S.p.a. at the following address: FGM04 S.p.a. , Via Decorated for Military Valor n. 4, ZIP code 41126, Baggiovara (MO), without undue delay and in any case within 14 (fourteen) days from the day on which you communicated to FGM04 S.p.a. his withdrawal from the contract. The deadline is respected if the Consumer Customer sends back the goods before the expiry of the period of 14 (fourteen) days.

6. The direct costs of returning the goods will be borne by the Consumer Customer, who can choose the courier he prefers.

1. The Consumer Customer cannot exercise the right of withdrawal provided for by art. 21 ("Right of withdrawal") in the following cases: (a) if the goods are made to measure and/or clearly personalized; (b) if the goods are likely to deteriorate or expire rapidly; (c) if the sealed goods, opened after delivery, do not lend themselves to being returned for reasons of hygiene or related to health protection (d) food products sealed once opened; (e) if the goods, after delivery, are, by their nature, inseparably mixed with other goods; (f) audiovisual products or sealed computer software, opened by the consumer; (g) newspapers, periodicals and magazines.

2. The Professional Customer cannot, in any case, take advantage of any right of withdrawal.

We give you the option to make the change. Any requests must be made within 3 days of receiving the product by sending an exchange request email to clienti@fgm04.com.

To make the change it is necessary that the item still has the label attached and that it is intact and in its original envelope.

In case of exchange, the delivery and redelivery costs are charged to the customer who can use his trusted courier.

The package must be sent to: FGM04 S.p.a. - Via Decorated For Military Valor 2/4 - 41126 MODENA. In this case, the responsibility for the package remains with the customer until it is delivered to its destination in our warehouses.

The customer can also decide to rely on our collection and delivery service.

We send the courier who will pick up the product to be exchanged directly at the customer's home and will bring the new package back to you. In this case, the responsibility for the package remains with FGM04

The cost of the service amounts to €12 to be paid in advance by bank transfer. The new product will be sent only after verifying that the collected product is in perfect condition. Everything, between delivery and collection, will have a time span of between 5 and 8 days.

The products are under the responsibility of the customer who will have to use the diligence of a good family man for as long as the goods remain in his hands. Once the products return to our warehouses, their conditions will be checked. in the event of tampering and/or defects resulting from improper use of the goods, the company may request the difference in the devaluation suffered by the products.

In promotions carried out for the end of the series or carried out in particular periods of the year such as Black Friday, we only allow the change of size and not the change of product.

1. FGM04 S.p.a. may modify, at any time and without notice, the content of these General Conditions.

2. Any modifications made will take effect from the date of publication on the Site, as declared in the heading of the General Conditions themselves.

3. In case of changes, unless otherwise expressly agreed between FGM04 S.p.a. and the Customer, for contracts already concluded, the General Conditions in force at the time of stipulation of the contract remain unaffected.

1. FGM04 S.p.a. is not liable for damages, even to third parties, possibly caused as a result of its own slight negligence.

2. In no case, any sums owed by FGM04 S.p.a. for any title or reason they may exceed those paid by the Customer in execution of the Contract.

1. All trademarks, as well as any intellectual property, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property reproduced on the Site remain the exclusive property of FGM04 S.p.a. and/or its assignors, without the Customer deriving any right over the same from access to the Site and/or from the stipulation of the Purchase Contracts.

With the completion of the contract, the company FGM04 S.p.a. undertakes to base the processing of personal data on principles of correctness, lawfulness and transparency and in full compliance with the security measures provided for by Legislative Decree 196/03 and subsequent amendments containing the "Code regarding the protection of personal data" (including further provisions, official press releases, general authorizations, rulings in general issued by the authority for the protection of personal data).

The Fgm04 company with the acceptance of the purchase order made by the customer, undertakes to carry out only the functional treatments, necessary and pertinent to the execution of the contractual services and, in any case, not incompatible with the purposes for which the data are been collected. The Fgm04 company also undertakes to adopt the minimum security measures for personal data required by law, as well as all preventive and appropriate measures to ensure an adequate level of data security;

It also undertakes to observe the current provisions on security and privacy and to have them observed by its employees and collaborators, as persons in charge or authorized to process the personal data of customers.

1. FGM04 S.p.a. undertakes to comply with current legislation on the protection of personal data. The information on the processing of personal data is made available on the Site and in any case can be viewed and stored at any time before the conclusion of the Contract. Viewable from this link, Privacy Policy.

All purchases of products and services made through the Site by the Customer who accesses it are governed by these General Conditions as well as by the other provisions and operating instructions contained in the Site. In the event of a conflict between the provisions of the aforementioned provisions and operating instructions and the contents of the General Conditions, the latter shall prevail.

1. The Customer can make any complaints or request assistance on purchases made by contacting FGM04 S.p.a. by email to the address clienti@fgm04.com, via P.E.C. at the address info@pec.fgm04.it or in any case at the telephone numbers indicated in art. 1, comma 1, lett. a, of these General Conditions.

2. Complaints will be processed by FGM04 S.p.a. in the shortest possible time; the Customer will receive a response within 4 working days of the report.

1. FGM04 has set up a monitoring body to act as a point of contact with consumer customers and competent authorities.

2. The control body is chaired by the lawyer. Giuseppe Silvano of the Court of Modena, qualified in the field of protection of personal data of consumers, protection of minors, protection of so-called subjects Vulnerable, respect for fundamental human rights, transparency of advertising and the fight against misleading advertising.

3. The control body shall carry out the following activities:

-Assessment of systemic risks arising from the services provided by FGM04 S.p.a.;

-Management of individual complaints received in accordance with the subsequent art. 33;

-Annual drafting of a clear and easily understandable report on content moderation activities carried out during the reporting period (made public on the website www.fgm04.com );

-Finally, the supervisory body is responsible for verifying the correctness and transparency of the advertising campaigns carried out by the company FGM04 S.p.a. and by their respective collaborators.

1. The Customer may make any complaints against the moderation decisions of the contents taken pursuant to art. 31 paragraph 4 of these conditions of sale.

2. Complaints must be submitted within 6 months of receipt of the decision referred to in Article 31 (4) and must be addressed at the email address ( Legal@fgm04.com ).

2. The control body handles complaints within 30 days following receipt and, at the same time, sends a reasoned reply to the sender.

1. The Customer can obtain assistance on purchases made by contacting FGM04 S.p.a. by email at the address Customers @ fgm04.com , Via P.E.C. at the address Info@pec. fgm04.it Or in any case to the telephone numbers indicated in art. 1, comma 1, lett. a, of these General Conditions.

2. The requests for assistance will be processed by FGM04 S.p.a. as soon as possible; the Customer will receive a reply within 4 working days of receipt.

The Contract is governed by Italian law.

2. For any dispute that may arise regarding the application, interpretation and execution of the Contract, the Court of Modena will be exclusively competent if the Contract is concluded with a Professional Customer, despite the violation, in this case, of the art. 3 of these General Conditions.

3. Disputes with Consumer Customers are devolved to the jurisdiction of the Judicial Authority of the place of residence or domicile of the Consumer Customer.

4. Disputes with consumer customers residing outside the Italian territory are devolved to the jurisdiction of the Court of Modena, as the judge of the place where the Contract is performed.

The term "personal data" refers to all information that identifies or makes identifiable, directly or indirectly, taken alone or through their combination (art. 4, par. 1, point 1, GDPR), a natural person who can provide information on his characteristics, his habits, his lifestyle, his personal relationships, his state of health, his economic situation, etc. and which allow it to be identified.

The personal data that directly identify a natural person are, for example, personal data (name and surname) and images. Personal data that indirectly identify a natural person are, for example, telephone number, tax code, IP address, e-mail, license plate number, credit card details, etc.

In detail, personal data are divided into:

- so-called personal data "municipalities" (i.e. those that we have indicated above and which also refer to entities - public and private - associations and companies), and

- so-called personal data  "particular" or also called "sensitive", i.e. those that reveal racial or ethnic origin, religious or philosophical beliefs, political opinions, trade union membership, relating to health or sexual life. The Regulation (EU) 2016/679 has also included genetic data, biometric data and data relating to sexual orientation in this category. The so-called personal data are also considered personal data. "judicial", i.e. related to criminal convictions, crimes or related security measures, which can reveal the existence of certain judicial measures subject to entry in the criminal record (for example, final criminal convictions, conditional release , the prohibition or obligation to stay, alternative measures to detention) or the status of defendant or suspect. Finally, personal data relating to electronic communicationse (via the Internet or telephone) and those that allow for geolocation, providing information on places frequented and movements, are considered very significant.

The Personal Data Controller is the Company FGM04 S.p.a., Via Begarelli, 21 - 41121 Modena (MO), (hereinafter FGM04 for convenience) which can be contacted at the following dedicated e-mail address: mmalerba@fgm04.com.

The GDPR defines the Data Controller "the natural or legal person, public authority, service or other body which, individually or together with others, determines the purposes and means of the processing of personal data ".

In simple words, the owner is the one who processes the data without receiving instructions from others. It is he who decides "why" and "how" the data should be processed.

FGM04 does not transmit personal data to third countries, outside the EU, or to international organizations. For the storage of the data collected, the Company uses the servers used by Shopify, based both in Europe and in Canada ("If you are in Europe, the United Kingdom or Switzerland, your personal information is controlled by the our Irish subsidiary, Shopify International Ltd.…When we send your personal information outside Europe, we do so in compliance with European law ”), which acts as a data controller (pursuant to art. 28 GDPR). You can consult Shopify's privacy policy, here.

Through the site of the same name, FGM04 processes the following personal data:

- data provided voluntarily by the User, by registering as an Account, for the purchase of items for sale on the site https://fgm04.com.

In general, depending on the case, the data that FGM04 will process will be the following:

• identification data (for example name, surname, image, language and country from which you interact with us, contact details, etc.);
• economic and transactional information (for example, payment or credit card details, information relating to purchases made, orders, returns, etc.);
• connection, geolocation and/or navigation data (for example, location data, device identification number or advertising ID, etc.);
• information relating to tastes and preferences.
• When FGM04 asks you to provide a User's personal data and to allow him to have access to any functionality or service of the Platform, some fields will be marked as mandatory, as they are data necessary to provide the requested service or product or to allow the 'access to the features in question, for which the data is necessary to comply with existing contractual obligations or to comply with applicable laws and regulations. Failure to provide such data may prevent the User from being able to use the requested services, products or features.

c) data collected through cookies and similar technologies

The Company collects personal data through the so-called Cookies. For more information on the use of cookies and similar technologies click here.

a) To manage registration as a User/Account of the Platform .

If the User decides to become an Account/Registered User of the site, FGM04 needs to process the data in order to be able to identify him as a user of the Platform and authorize him to access the various features, products and services available as a registered user. The User also has the right to cancel his account by contacting the Customer Assistance service.

It should also be remembered that the data relating to your activity, which has been collected through the various channels of the Platform and which includes the purchases made, will remain linked to your account, so that all previous information can be accessed.

If, in specific cases, the data had been provided by third parties through the use of a function or service present on the Platform, for example, by sending a gift card or by sending an order to the User's address, in such cases, the related data will be processed only if they are relevant for the performance of this function or service, as indicated in this Privacy Policy and Cookie Policy.

In other cases, FGM04 could collect information passively, using tracking tools such as browser cookies and other similar technologies on its Platform and in the communications it sends to the User.

b) For the fulfillment and execution of the purchase or service contract stipulated with FGM04 on the Platform.

This purpose involves the processing of data mainly for:

• ▪ Contact the User regarding updates or information communications relating to the features, products or services stipulated, including quality surveys and to be able to establish the degree of customer satisfaction with regard to the service provided;
• ▪ Management of payment for purchased products, regardless of the payment procedure used. For instance:
• ▪ If when purchasing one of the products through the Website or the App, the User decides to activate the function that allows the saving of payment data and shipping address for future purchases (if this function is available), consent to the activation of this feature makes it possible to automatically complete the payment data in subsequent purchases, so as not to have to enter them for each new transaction, and these data will be considered valid and effective for future purchases. It is possible to modify or cancel the payment data at any time through the appropriate section relating to payment information, both through the user account registered on the Website and through the My Account section of the App.
• ▪ Activation of the mechanisms necessary to prevent and detect unauthorized use of the Platform (for example, during the purchase and return process), as well as potential fraud committed against the User and/or against the Platform: if FGM04 should believe that the transaction could be fraudulent or detect anomalous behaviors that indicate an attempt to fraudulently use the features, products or services, this treatment may lead to the blocking of the transaction or the cancellation of the account that is compromised. In this case, FGM04 believes it has a legitimate interest to carry out the checks necessary to detect and prevent any fraud or fraudulent use of the Platform, to protect the User and the correct functioning of the platform.
• ▪ Management of any exchanges or returns following the purchase and management of requests for information on the availability of items, product reservations through the Platform.
• ▪ For billing purposes and to make the receipts and invoices of purchases made through the Platform available to the User.
• ▪ Use of other functions or services available, such as the purchase, receipt, management of Discount Coupons or Gift Cards.

c) To contact FGM04 directly.

Through the section "Info and customer assistance" of the site, the User can contact the Company through the telephone number, the e-mail address. In this way you consent to the processing of the data provided, as well as any other data that you intend to provide in order to make direct contact with the Company and request further information on the services/promotions offered.

However, it should be noted that:

• In the event that the User contacts FGM04 by telephone, the call may be recorded for quality control reasons and to be able to respond to the request.
• If the User decides to communicate with the Customer Assistance Service via the chat service, some of your personal data, for example the name or username, will be imported from any social network account, therefore the data sent on this service will be available to the social network and will be subject to their privacy policies (it is advisable to check the privacy settings and to read the privacy policies of the social network for more detailed information on their use of personal data when using of their services).
• FGM04 believes it has a legitimate interest to respond to requests or questions asked by its Users through the various existing contact channels.

The legal basis for the processing of personal data for this purpose is established by art. 6, par. 1, became b of the GDPR (execution of a contract or pre-contractual measures) as the treatments are necessary for the provision of the services or for the response of the requests of the interested party and do not require his consent.

d) To comply with the obligations established by current laws, regulations or community legislation, or satisfy requests from the Authorities.

The legal basis for the processing of personal data for this purpose is established by art. 6 par. It became 1. c) of the GDPR (“the processing is necessary to fulfill a legal obligation to which the data controller is subject”).

e) For defense in court.

The User's Personal Data can be used by FGM04, in court or in the preparatory stages for its eventual establishment for the defense against abuse by the same User, in the use of the website or related services.

f) For purposes of statistical research/analysis aimed at measuring the functioning of the Site, measuring traffic and evaluating usability and interest. These searches and analyzes concern aggregated or anonymous data, so it is not possible to identify the User.  This type of treatment can, therefore, be carried out freely by the Data Controller because it is not based on personal data.

The provision of Personal Data for the purposes listed above is optional, but their failure to provide it could make it impossible for the Company to respond to a request or fulfill a legal obligation to which it could be subject.

g) To subscribe to the Newsletter of the FGM04 website

• If the User subscribes to the FGM04 Newsletter, he consents to the sending of periodic communications relating to activities, offers, events, initiatives, projects and platform updates, for which FGM04 will process the personal data of the Account/User to manage his enrollment.
• The personal identification and computer data, collected from the interested parties, subject to processing, are used directly to fulfill the request to send the newsletter and relative registration in the mailing list, concerning information messages and promotional communications relating to the initiatives carried out by the Data Controller, in complete compliance with the principles of lawfulness and correctness and with the provisions of the law.
• The provision of data is optional, however any refusal to provide them will make it impossible for the owner to process the requests to send the newsletter.
• Subscription to the Newsletter can be canceled at any time and at no cost through the "Newsletter" section of the Platform, as well as by following the instructions given in each communication.

h) For marketing purposes

• ▪ If the User gives consent to profiling and marketing activities, FGM04 will process the personal data of the Account/User to send him personalized information on products or services through different means (such as e-mail or SMS).
• ▪ Consequently, it should be noted that this data processing involves analyzing the user or customer profile to determine preferences and, therefore, which products and services best suit your style. For example, based on the purchase and browsing history, FGM04 could provide suggestions on products viewed by the User.
• ▪ If the Account/User uses their social network profile to log into the FGM04 Platform, it must be specified that these social platforms could use the data to send targeted advertising, therefore it is advisable to review the privacy policies of the social network sites of the which the User has a profile, to get information on the use of their data and on the functioning of advertising.

For the purposes referred to in n. 5 of this information, personal data can be shared with:

- authorized persons (pursuant to art. 29 of the GDPR) by the Data Controller to the processing of personal data necessary to carry out activities strictly related to the provision of services, who are committed to confidentiality or have in any case an adequate legal obligation of confidentiality;

- i cd. Data Processors (pursuant to art. 28 GDPR), i.e. subjects who cooperate with the Data Controller for the pursuit of the aforementioned purposes, including subjects delegated to carry out technical maintenance activities;

- subjects, bodies or authorities to whom it is mandatory to communicate personal data pursuant to provisions of the law or orders from the Authorities.

The person in charge of personal data processing, as well as the Authorized, are appointed by formal act and indicated in a special list that can be consulted by the User, upon request by the latter to be sent to the following email address: clienti@fgm04.com, indicating the wording "List request" in the subject. This list is subject to changes and updates by the Data Controller.

To achieve the purposes indicated in this Privacy and Cookie Policy, FGM04 may have to allow access to the personal data of the Account/User to third-party companies that provide support in the provision of the services offered, such as:

▪ Financial institutions,

▪ Companies specialized in the detection and prevention of fraud,

▪ Providers of technology and analysis services,

▪ Service providers and collaborators related to logistics, transport and/or their partner establishments,

▪ Customer support service providers,

▪ Service providers and collaborators related to marketing and advertising, such as social networking websites, advertising agencies or advertising partners.

The personal data provided for the provision of the services offered by FGM04 will be kept for the period of time necessary for the provision of the same, within the times established and permitted by the Italian legislation for the protection of one's interests (and in any case no later than the terms referred to in articles 2946 c.c. e ss. - prescription).

The data provided for marketing purposes will be kept for 24 months. Upon expiry, you will be asked to renew your consent and, failing that, the data provided will be deleted. In any case, the User is informed that the data provided will be kept exclusively for the purposes for which they were provided, in compliance with the principle of necessity of the processing retention time.

The data is collected in compliance with the principle of minimization of the data processed (only the data strictly necessary to provide the requested services or achieve the other purposes specified here in point 5) are acquired.  The processing of personal data by the Company takes place using manual, IT and telematic tools with logic strictly related to the aforementioned purposes.  The processing operations are carried out in such a way as to guarantee the security of the data and of the systems. Adequate security measures are adopted in order to minimize the risk of destruction or loss, even accidental, of the data, unauthorized access, unauthorized or non-compliant processing with respect to the purposes indicated in this statement. The security measures adopted, however, do not make it possible to absolutely exclude the risk of interception or compromise of personal data transmitted with telematic tools. Therefore, the User is advised to check that their device (PC, smartphone, tablet, etc.) is equipped with software systems suitable for the protection of both incoming and outgoing data transmission (such as, for example, updated anti-virus systems, firewalls and anti-spam filters).

Based on the articles 15e ss. of the GDPR, the User has the right to:

- access their personal data, to request their rectification, updating and cancellation or limitation, if incomplete, erroneous or collected in violation of the law;

- oppose the processing for legitimate reasons or to obtain its portability;

- obtain confirmation of the existence or not of personal data concerning him, even if not yet registered, and their communication in an intelligible form.

The User also has the right to obtain 

a) the indication:

- the origin of the personal data;

- the purposes and methods of processing;

- of the logic applied in case of treatment carried out with the aid of electronic instruments;

- of the identification details of the Data Controller, of the Manager(s) (internal/external) and of the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as Authorized;

b) updating, rectification or integration of personal data within the limits of pertinence to the activity carried out by the Company;

c) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary in relation to the purposes of the processing;

d) the attestation that the operations referred to in letters b) and c) have been brought to the attention of those to whom the data have been communicated, except in the case in which this fulfillment proves impossible or involves the use of means manifestly disproportionate to to the protected right.

The User also has the right to object, in whole or in part:

e) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;

f) to the processing of personal data provided when contacting the Company through the dedicated section or the email address indicated in the "Contact Us" section of the site.

The rights listed in point 10 above of this information are exercised with a request made freely and informally to the Data Controller, directly or through a person in charge, by sending an e-mail message to the e-mail address: ( clienti@fgm04.com) concerning the wording "Rights".

The interested party has the right to receive a suitable reply to the request transmitted, without unjustified delay and, in any case, at the latest within one month of receipt of the request (deadline that can be extended by two months, due to complexity and number of requests), which can be renewed for justified reasons.

In any case, if the User believes that the Company processes his personal data in violation of the provisions of the GDPR, he has the right to lodge a complaint with the Guarantor (art. 77 GDPR, art. 141 Privacy Code ) or to take the appropriate judicial offices ( art. 79 GDPR, art. 152 Privacy Code ). The complaint form and information on how to fill it in and submit it are available here. For the exercise of the rights in question, the interested party can make use of natural persons, entities, associations or organizations, conferring, for this purpose, a written proxy and be assisted by a trusted person.

This information is updated to 01 January 2023.

FGM04 may need to modify the information contained in this Privacy and Cookie Policy. In this case, the Account/User will be informed through different procedures through the Platform (for example, with a banner, a pop-up or a push notification) or by sending a notice to his e-mail address if the change significantly affects your privacy, so that the User can view the changes, evaluate them and, depending on the case, oppose or cancel any services or features.