General conditions of Sale

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 inability to deliver the ordered product, causes attributable to the customer himself, the company FGM04 may request reimbursement of any expenses incurred, due to the order of purchase made 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 FGM04 S.p.a. the price 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 the smaller islands and areas considered disadvantaged, for which there is a shipping fee ranging from 8 to 13 €

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

3. For orders less than € 30.00, shipping costs may vary as below:

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

Europe order shipping fee: Shipping fee will automatically calculate when you check out once you enter your destination country

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

Shipping costs for orders outside Europe: request a custom quote from emailCustomers @ fgm04.com.

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

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 has a legal guarantee of 24 months from the delivery of the products for any lack of conformity in accordance with applicable law. The conformity defect of the products can be communicated to FGM04 by contacting customer service. In the event of a lack of conformity, the customer is entitled to request the repair or replacement of the product unless such remedies are possible or are excessively burdensome. In the latter cases the customer will be entitled to a price reduction.

1. In addition to the guarantee provided for the defects of the goods sold in accordance with the provisions in force, FGM04 S.p.a. is liable to the Consumer Customers, pursuant to 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. 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 at 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 the parts that compose it). 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.

3. The cases of exclusion and limitation of the guarantee are explained in art. 21 (“Exclusions and limitations of the guarantee”).

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

2. The guarantee referred to in Articles 19 (“Legal guarantee”) and 20 (“Additional legal guarantee for the Consumer Customer”) is excluded if the Customer has damaged the Products for his own willful or negligent conduct, or in any case if, due to his negligence and/or neglect and/or for other reasons not attributable to FGM04 S.p.a., has damaged and/or 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 been 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 erroneously guarded them. 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. findings that any defects or defects of one or more of the Customer's Products are attributable, directly or indirectly to the Customer himself, these will be required to pay the verification costs incurred for this purpose, as well as, notwithstanding paragraph 1 of this article, the out-of-pocket expenses for the related return.

Supplements and cosmetics are excluded from returns.

YOU CAN MAKE TOTAL OR PARTIAL RETURN.

1. In accordance with art. 52 of Legislative Decree 6 September 2005 n. 206 (the “Consumer Code”), the consumer has a period of fourteen days to withdraw from the contract, starting from the day of receipt of the purchased products. To comply with this deadline, it is sufficient for the Consumer Customer to send the communication regarding the exercise of the right of withdrawal before the expiry of the aforementioned period.

2. In accordance with art. 54 of the Consumer Code, the consumer customer can exercise the right of withdrawal using, at his own choice, one of the following methods:

A) transmission by ordinary e-mail of an explicit declaration informing FGM04 of the desire to withdraw from the purchase contract at the email addressCustomers @ fgm04.com;;
b) sending by ordinary mail with return receipt to FGM04 Spa an explicit declaration of the decision to withdraw from the contract, to the operational headquarters of FGM04 in Via Divisione Acqui, 1 41043 Casinalbo (Modena).

3. Pursuant to art. 54 of the consumer code, in such cases, the customer will be solely responsible for proving the correct and timely exercise of the right of withdrawal.

4. The right of withdrawal shall be understood to be exercised correctly if the following conditions are fully complied with:
a.. The right of withdrawal must be regularly exercised within 14 days of receipt of the products following one of the methods indicated above;

b. Products must not have been used, worn, washed;

C, In any case, the products must comply with the requirements set out in art. 24, which follows, on the conformity checks of returned products;
d.. Returned products must not be different from those purchased;
e.. The products must not have been purchased for resale purposes;
f. The identification tag has yet to be attached to the products with the single-use seal which is an integral part of the property (remember that all the products offered for sale by fgm04 are equipped with an identification tag fixed with a disposable seal, which is an integral part of the asset. We therefore remind you to try the product without removing the tag and its seal, because the returned products that do not have it will not be accepted);
g. Products must be returned in their original packaging;
h. The returned products must be delivered to FGM04 within fourteen (14) days after the customer informed FGM04 of his decision to withdraw from the contract;
i. Products must not be damaged.

5. In accordance with art. 56 of the Consumer Code, if the customer has complied with all the required conditions, FGM04 will fully reimburse the price of the purchased products, while the customer only pays the return costs, i.e. those for returning the purchased products to FGM04.

6. In case of return, the consumer must also return gifts and samples contained in the package subject to promotions. Otherwise, the consumer will be charged the costs of the same (to be evaluated from time to time based on the product covered by the gift and/or promotion).
7. The consumer customer may decide to use the shipping agent they prefer to return the products they want to return. Shipping costs remain the sole responsibility of the customer and will also be responsible for the loss or damage of the products during transport.

2. All products must be returned unused, in perfect condition, with all protective materials and with identification tags and stickers attached to the products (if originally present), in addition to their packaging, accessories and documentation. FGM04 verifies, if necessary also through photographic and video control, the compliance of the returned products. If the product shows signs of use or if it has been used or altered in relation to its original condition, FGM04 reserves the right not to accept the return or, alternatively, to reduce the amount of the refund accordingly. If FGM04 decides not to accept the return due to the checks carried out, it will send a communication to the consumer, informing him in a timely manner of the reasons why the return cannot be accepted. In this case, therefore, the product remains at the disposal of the customer, who must take responsibility for collecting the goods - at his own expense - from the operational headquarters of the company FGM04 in Via Divisione Acqui, 1 41043 Casinalbo (Modena).

3. In accordance with Art. 59 of the Consumer Code, the Consumer Customer cannot exercise the right of withdrawal in the following cases:

(A) where the goods are custom-made and/or clearly customized;

(B) where the goods are liable to deteriorate or expire rapidly;

(C) if sealed goods opened after delivery do not lend themselves to return for hygienic reasons or related to health protection

(D) sealed foodstuffs once opened;

(E) where the goods, after delivery, are, by their nature, inseparably mixed with other goods;

(F) sealed audiovisual or computer software products opened by the consumer;

(G) newspapers, periodicals and magazines.

H) underwear such as tights, bodysuits, tops, bra, panties, briefs and women's underwear in general.

4. These Conditions for the exercise of the right of withdrawal, which form an integral part of the General Conditions of Sale, are governed by Italian law and in particular by the Consumer Code.

We give you the option to make the change. Any requests must be made within 3 days of receiving the product by sending an email requesting an exchange to customers@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 Spa - Via Divisione Acqui, 1 41043 Casinalbo (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 services offered by FGM04 are aimed only and exclusively at subjects who have reached the age of eighteen.

2. FGM04 S.p.a has taken every measure to prevent content describing or representing scenes or situations of physical or psychological violence from being published on the website or such that, according to the sensitivity of FGM04 users, can be considered to be detrimental to civil convictions, human rights and the dignity of persons, In all its forms and expressions. These include, by way of example: the sharing of images depicting sexual abuse of minors, the illegal non-consensual sharing of private images, cyberstalking (computer shadowing), the sale of non-compliant or counterfeit products, The sale of products or the provision of services in violation of consumer protection law, the unauthorized use of material protected by copyright, the illegal offer of accommodation services or the illegal sale of live animals. In any case, FGM04 S.p.a. does not guarantee that the contents of the website are appropriate or lawful in other countries, outside of Italy. However, if such content is deemed illegal or illegal in some of these countries, we ask the consumer customer to avoid accessing our website and if they choose, in any case, to access it, we inform you that the use that they decide to make of the services provided by fgm04 will be of his exclusive and personal responsibility.

3. In order to strengthen the commitment referred to in paragraph 2 of this article, FGM04 has set up a supervisory body responsible for verifying the compliance and legitimacy of individual content published on the FGM04 website.

4. All subjects or entities that believe that some content published on the FGM04 website is illegal can send reports to the company FGM04 S.p.a. at the addressCustomers @ fgm04.com. Within 30 days of receiving these reports, FGM04 will communicate its reasoned decision in relation to the report received and in particular what are the tools for moderating the contents it intends to adopt. The decisions referred to in this point may be challenged within 6 months of notification to the person who made the alert. The appeal of such decisions must take place within 6 months after the receipt of the decision of the company FGM04 and must be brought before the supervisory body established pursuant to the subsequent art. 32 of these general conditions of sale.

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. Le Client peut obtenir une assistance sur les achats effectués en contactant FGM04 S. P. A. par courriel à l'adresse Clients @ fgm04.com , Via P.E.C. à l'adresse Info @ pec. fgm04.it Ou en tout cas aux numéros de téléphone indiqués à l'art. 1, virgule 1, let. a, des présentes Conditions Générales.

2. Les demandes d'assistance seront traitées par FGM04 S.p.a. dans les meilleurs délais; le Client recevra une réponse dans les 4 jours ouvrables suivant leur réception.

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 as of 20 Fever 2024.

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.