Terms and conditions

1. Parties to the contract are FGM04 Spa and the consumer Customer, whose personal data are indicated in the Order Confirmation sent by FGM04 Spa : it constitutes an integral part of the Purchase Contract. The data of FGM04 Spa are indicated in art. 1, paragraph 1, letter a, of these General Conditions.

2. The contract stipulated between FGM04 Spa and the Consumer Customer is subject, among other things, to the specific legislation set out in section II (“Pre-contractual information for the consumer and right of withdrawal in distance contracts and contracts negotiated away from commercial premises”), articles 49 to 59, as well as sections III (“Other consumer rights”), articles 60 to 65, and IV (“General Provisions”), articles 66 to 67, of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”).

3. Users under 18 years of age may use https://fgm04.com/ only with the involvement of a parent or guardian, as when purchasing on FGM04, in fact, you declare that you are of age and have read our conditions of use and sale. It follows that purchases on https://fgm04.com/ are authorized only if the customer is 18 years of age or older.

Yes, we offer full and partial refunds.

Please inquire for more information about our Refund policy.

1. The Customer may purchase one or more Products present in the electronic catalogue of the Site (illustrated and described in the relevant 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 to the Customer to formulate a contractual purchase proposal to FGM04 Spa. Before the actual sending of the order, the Customer is shown a page that summarizes, among other things, the selected Products, 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 such order, the Customer acknowledges having complete knowledge and full acceptance of these General Conditions. The Customer is invited to print and keep the order summary, shown after sending the order via the Site. The "notes" field, if present in the electronic order form, can be used by the Customer only to enter any operational instructions (e.g., name on the intercom) and will not bind any Party to the Contract in any way, nor can it contain derogations from these General Conditions or in any case from the contractual ones.

4. FGM04 Spa has the right to accept or not, at its own discretion, the order sent by the Customer, without the latter being able to advance any claims or rights of any kind, for any reason, in the event of non-acceptance of the order itself. Any acceptance of the Customer's proposal is confirmed by FGM04 Spa by means of an order confirmation email to the email address communicated by the Customer. The Purchase Agreement stipulated between FGM04 Spa 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 packaging and shipping of the Products, FGM04 Spa should find any errors in the catalogue or in the order relating 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 accordance with the terms and conditions of the law, in relation to which reference is made to articles 22 (“Right of withdrawal”) 23 (“Effects of Withdrawal”) and 24 (“Cases of exclusion of the right of withdrawal”) of these General Conditions.

7. The Customer acknowledges that certain products on the site may: be packaged and/or personalized in his/her favor; risk deterioration; not be suitable for return for reasons of hygiene or related to health protection, if sealed and opened after delivery; by their nature, be inseparably mixed with other goods, after delivery. Therefore, certain rights to which the same is entitled, even in the capacity of Consumer, may be limited (such as, by way of example and not limited to, in compliance with the provisions of art. 24 "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 color differences are to be considered normal between the photo and the original and are due to the difference in the screen with which you look at the product. Always check the color name written.

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

2. The Site highlights the products available for shipping. The Customer acknowledges that, due to the possible simultaneous access to the Site by multiple users and the time elapsed between loading the web page and adding the product to the cart, the actual availability of individual Products may vary significantly during the same day compared to the indications shown on the Site. When the order proposal is sent by the Customer, the Site's computer system checks the actual availability of the Products purchased and notifies the Customer of any subsequent unavailability of one or more Products before the Customer makes the payment. FGM04 Spa undertakes to fulfill its obligations promptly and in any case in the manner and terms set out in art. 15 of these General Conditions; if the delivery times of the ordered product are delayed compared to those indicated on the Site before the order, FGM04 Spa undertakes to promptly notify the Customer via an email to the address indicated by the Customer during the purchase of the products. If it is not possible, for any reason, to proceed with the delivery of the purchased products in compliance with art. 15 of these General Conditions, FGM04 Spa reserves the right to notify the Customer of the cancellation of the order.

7.1. The FGM04 company has organized the Ikoner program for exclusively promotional purposes.
7.2. All users have the option to enroll – at their sole discretion – in the Ikoner program
and generate your own promotional code, it being understood that enrollment in this program does not constitute
a necessary condition for purchasing FGM04 products. The subjects enrolled in the Ikoner program will be
renamed by FGM04 as “ikoner”.
7.3. All Ikoners have the opportunity to spread their promotional code among friends and relatives:
subjects who will use the discount code received from 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% of the value of the purchase made by the buyer he 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 – which can be spent
exclusively on the website 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 any 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 Ikoner exercises the right of withdrawal within the deadline
within 15 days from the date of placing the purchase order, the commission will be cancelled and nothing will be due
at the Ikoner;
7.7. The Ikoner program is for promotional purposes only and does not represent a sales structure.
pyramid scheme or multi level marketing structure;
7.8. Ikoners cannot use their own promotional code for their purchases;
7.9. Ikoners can delete their profile and their promotional code at any time
using the features made available by the FGM04 app, without prejudice to the fact that any value of the
the gift card obtained can be spent at any time on the FGM04 company website referred to in art. 7.4;
7.10. The discounts referred to in this article can be combined with other ongoing promotions;
7.11. The FGM04 company 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
discount for a period longer than 30 days. In this case the value of the Giftcard eventually 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 Ikoners.
7.13. Ikoners are not required to purchase any FGM04 products, nor to make any investments
within the FGM04 company, for the purposes of carrying out the activities envisaged by the Ikoner programme.
7.14. To register for the “Ikoner - Bring a Friend Program” – as it is a program with the purpose of
promotional - it is necessary that Ikoners give their consent to receive newsletters and promotional material
informative to keep up to date on the products of the company FGM04. The consent is always revocable. In
In case of unsubscription from the newsletter, the company reserves the right to suspend the user from the Ikoner program
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 will in fact have to give consent to receiving newsletters in the
in case you intend to enroll in the Ikoner program.
7.16 the provisions of this article are applicable only and exclusively in relation to the
Ikoner program.

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 amount indicated in the Order Confirmation and acknowledges that the courier does not have change. Under no circumstances will other means of payment be accepted, such as, by way of example and not limited to, bank and cashier's checks.

2. In the event of non-payment by the Customer of the agreed price, for any reason or cause, FGM04 Spa may, at its sole discretion, ask the customer if he still intends to receive the order. If the FGM04 company proceeds in this direction and the customer communicates his desire to receive the order anyway, the FGM04 company will invite the customer to pay the agreed price by bank transfer, with the right to any further action and will proceed to make the new shipment within 15 days of receiving the amount expected as the purchase price on its bank account. Until the Customer has regularized his debt position with FGM04 Spa , the latter reserves the right to cancel any subsequent deliveries of products, to terminate any existing Purchase Contracts and to block the purchasing functions through the Site, without prejudice to compensation for any further damages.

1. If the Customer purchases 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 that manages the transaction. The accepted circuits are indicated on the Site before sending the order.

2. The credit card payment procedure is carried out using a secure connection, where the Customer will find the order amount and must indicate the type, number and expiration 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 and not limited to, for the Master Card Secure Code and Verified by Visa security services). A telephone number where the Customer can be contacted is always required.

3. In order to protect the customer's security to the maximum degree, FGM04 Spa never becomes aware of the credit card number, which is received only by the banking institutions that must provide authorization. FGM04 Spa is only informed of the outcome of the transaction. In other words, no credit card data is transcribed on the documents relating to the order and/or stored by FGM04 Spa.

4. If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento SPV Srl, related parties and their assignees, and that you authorize such assignment.

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 company FGM04 may request reimbursement of any expenses incurred, based on the purchase order placed by the customer. If the company FGM04 requests reimbursement of the expenses incurred by the customer, the customer may request that such expenses be duly documented by the company FGM04.

Cash on delivery (pay in cash) + 4 Euro

In case of cash payment upon delivery, 4 euros of extra charges are expected. In case of failure to collect, for reasons attributable to the customer, we will start a procedure to recover the shipping and return costs equal to 30 euros. The courier will not call before delivery.

1. For each purchase contract completed through the Site, FGM04 Spa will issue an order summary regarding the products that will be shipped.

2. The information provided by the Customer at the time of ordering will be used for the possible issuance 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 changes to the invoice will be possible after it has been issued.

4. Invoices will not be issued for orders already delivered and/or 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 Spa will process the order normally within 24 hours (except weekends and holidays) from the day of receipt of the order. In particular, orders received before 3:00 pm are approximately processed in the afternoon of the same day, while those received after 3:00 pm are approximately processed the following day. When processing the order, FGM04 Spa entrusts the Products to a trusted courier or forwarder for delivery to the address indicated by the Customer, summarised in the order confirmation. Deliveries are made via land transport approximately within the following 24/48 hours (excluding weekends and 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 time frame referred to in paragraph 1, the Customer may promptly report it to FGM04 Spa, which will attempt to resolve the issue within a reasonable period of time. FGM04 Spa invites the Customer not to contact it before the aforementioned indicative time frame has elapsed, as it would not have the necessary data to be able to profitably take action with the courier in charge.

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

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

No liability can be attributed to FGM04 Spa for delays in the delivery of goods due to unforeseeable circumstances or force majeure, as well as in the event of strikes, atmospheric events, particular holidays, warehouse inventories, transfers of headquarters, changes to information systems and other extraordinary events; they are capable of causing times longer than those indicative in the processing of orders, even in the order of several days.

5. In any case, if the delivery times of the ordered Product are delayed compared to the delivery times indicated on the Site before the order, FGM04 Spa undertakes to promptly notify the Customer via an email message sent to the address indicated by the Customer.

1. All deliveries of the products will be at the risk of FGM04 Spa until the moment in which the Customer or a third party designated by him physically takes possession of them.

2. The delivery terms indicated on the Site are indicative. FGM04 Spa undertakes to deliver the products to the consumer within 30 (thirty) days from the date of conclusion of the contract. No liability, for any reason, can be attributed by the Customer to FGM04 Spa if the products are not delivered within the terms indicated on the Site.

3. Unless otherwise communicated to the Customer by FGM04 Spa , delivery of the products is intended to be at street level.

4. In order to deliver the ordered products, the presence of the Customer or his representative is required at the place indicated by the Customer, who will then accept the package on his behalf. The courier's delivery times are usually between 8:30 and 19:00. In the event of the absence of the Customer (or his representative), the courier will leave a notice with the instructions to be able to agree on a different delivery date.

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

1. All deliveries of the products will be at the risk of FGM04 Spa until the moment in which the Customer or a third party designated by him physically takes possession of them.

2. The delivery terms indicated on the Site are indicative. FGM04 Spa undertakes to deliver the products to the consumer within 30 (thirty) days from the date of conclusion of the contract. No liability, for any reason, can be attributed by the Customer to FGM04 Spa if the products are not delivered within the terms indicated on the Site.

3. Unless otherwise communicated to the Customer by FGM04 Spa , delivery of the products is intended to be at street level.

4. In order to deliver the ordered products, the presence of the Customer or his representative is required at the place indicated by the Customer, who will then accept the package on his behalf. The courier's delivery times are usually between 8:30 and 19:00. In the event of the absence of the Customer (or his representative), the courier will leave a notice with the instructions to be able to agree on a different delivery date.

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

1. Upon delivery of the products by the forwarder appointed by FGM04 Spa, the Customer is required to check that the number of packages delivered corresponds to that indicated in the transport document on the packaging and that the packaging itself is intact, not damaged or in any way altered, including the sealing materials, checking with particular care for any signs that indicate breakage of the goods sent.

2. Under penalty of forfeiture, any damage to the packaging and/or products and/or the lack of correspondence 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 delivering the products, that they are accepted "subject to inspection" or reporting that they are "damaged": in the absence of this, no complaint will be accepted. The Customer also undertakes to promptly report, and in any case no later than 24 hours from the date of delivery, to FGM04 Spa . (by email or registered letter with acknowledgement of receipt to the address indicated in art. 1 of these General Conditions) any and all problems relating to the integrity, correspondence and/or completeness of the products received, under penalty of forfeiture.

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

2. In the cases referred to in the previous paragraph, FGM04 Spa 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 Spa undertakes to provide timely and adequate communication of its decisions to the email address indicated by the Customer, who has, in this case, the right to a refund of any price already paid, excluding any further claim, for any reason, against FGM04 Spa . In this sense, the Customer explicitly waives any claim, even for mere reimbursement and/or compensation, against FGM04 Spa.

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

1. The products sold by FGM04 Spa must be stored and conserved by the Customer using the precautions and measures necessary for this purpose and relating to the nature of the products themselves.

2. Negligence and/or inexperience in the conservation of each product may damage it and compromise its quality. FGM04 Spa is not responsible for any damage to the products sold resulting from erroneous and/or incorrect conservation of the same, with express forfeiture of any guarantee in relation to them.

1. The Consumer customer enjoys the Legal guarantee of 24 months from delivery of the products for any lack of conformity in accordance with the applicable law. The lack of conformity of the products can be communicated to FGM04 by contacting customer service. In the event of a lack of conformity, the customer has the right to request the repair or replacement of the product unless such remedies are not possible or are excessively expensive. In these latter cases the customer will be entitled to a price reduction.

1. In addition to the guarantee provided for defects in the item sold in accordance with the provisions in force, FGM04 Spa is responsible towards Consumer Customers, pursuant to articles 130 and 132 of Legislative Decree 206/2005, for 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) it does not conform to the description or does not possess the qualities indicated in the sample or model shown by FGM04 Spa; or (iii) it does not offer the usual qualities and performances of a good of the same type that the Consumer can legitimately expect; or (iv) it is not suitable for the particular use desired by the Consumer if brought to the attention of the seller at the time of purchase and accepted by FGM04 Spa.

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

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 the product to FGM04 Spa for assistance will be entirely borne by the Customer, while those relating to the return will be entirely borne by FGM04 Spa.

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 through his own wilful or negligent conduct, or in any case if, through his negligence and/or carelessness and/or for other reasons not attributable to FGM04 Spa, he has damaged and/or made the Products defective, and/or exposed them to natural events and/or used them improperly and/or without following the technical instructions indicated in any manuals, and/or carried out and/or had carried out by personnel not authorised by FGM04 Spa repairs, interventions or tampering, and/or omitted the necessary maintenance, and/or stored them incorrectly. The guarantee is also excluded if the defects and/or faults and/or malfunctions arise from a use of the Products other than that indicated in the Contract and/or for which they were designed and manufactured, or in cases of normal wear and tear or deterioration of consumable parts.

3. If FGM04 Spa finds that any faults or defects in one or more of the Customer's Products are attributable, directly or indirectly, to the Customer himself, the latter will be required to pay the costs of verification incurred for this purpose, as well as, in derogation of paragraph 1 of this article, the out-of-pocket expenses for the relative return.

Supplements and cosmetics are excluded from returns.

IT IS POSSIBLE TO MAKE A TOTAL OR PARTIAL RETURN.

1. In accordance with art. 52 of Legislative Decree 6 September 2005 n. 206 (the “Consumer Code”), the consumer customer 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 relating to 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 may exercise the right of withdrawal using, at his/her choice, one of the following methods:

a) transmission by ordinary email of an explicit declaration informing FGM04 of the intention to withdraw from the purchase contract to the email address clienti@fgm04.com ;
b) sending by ordinary mail with return receipt to FGM04 Spa an explicit declaration of the decision to withdraw from the contract, at 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 burden of proving the correct and timely exercise of the right of withdrawal will be the sole responsibility of the customer.

4. The right of withdrawal is considered to be correctly exercised if the following conditions are fully respected:
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. the products must not have been used, worn, washed;

c , in any case, the products must comply with the requirements indicated in art. 24, which follows, on the conformity checks of returned products;
d . the returned products must not be different from those purchased;
and . the products must not have been purchased for resale purposes;
f. the identification tag must still be attached to the products with the disposable seal which constitutes an integral part of the item (we remind you that all products sold by fgm04 are equipped with an identification tag fixed with a disposable seal, which constitutes an integral part of the item. We therefore remind you to try the product without removing the tag and the relative seal, because returned products without them 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 from when the customer communicated to FGM04 his decision to withdraw from the contract;
i. the 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 refund the price of the purchased products, with the customer only being responsible for the return costs, i.e. those for returning the purchased products to FGM04.

6. In the event of a return, the consumer must also return gifts and samples contained in the package subject to promotions. Otherwise, the consumer customer will be charged for the costs of the same (to be assessed from time to time based on the product subject to the gift and/or promotion).
7. The consumer customer can decide to use the shipping company of his choice to return the products he intends to return. Shipping costs remain the sole responsibility of the customer and he will also be responsible for any loss or damage to the products during transport.

1. The Consumer Customer must send the goods or deliver them to FGM04 Spa at the address Via Divisione Acqui, 1 41043 Casinalbo (Modena), without undue delay and in any case within 14 (fourteen) days from the day on which he communicated to FGM04 Spa his withdrawal from the contract.

2. After FGM04 has received the return and checked that all the requirements have been met, the consumer customer will receive an email confirming acceptance of the return and FGM04 will proceed with the full refund as soon as possible, and in any case within fourteen (14) days from the date of acceptance of the return by FGM04, provided that the withdrawal has taken place in compliance with the conditions set out in articles 22, 23 and 24 of these conditions of sale.
3. If a decrease in value of the products returned pursuant to the preceding paragraph is found, FGM04 will send an email to the customer in which the amount deducted as a reduction in the refund will be communicated and FGM04 will proceed to refund the residual value of the goods.
4. It is understood that in the event that the return occurs due to a manufacturing defect in the product, all costs relating to the return of the product and/or its replacement will be borne by FGM04 Spa.

1. The return cannot be accepted if it does not comply with the conditions set out in articles 22, 23 and 24 of these conditions of sale, or in the cases set out in art. 59 of the Consumer Code.

2. All products must be returned unused, in perfect condition, with all protective materials and with the 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 conformity of the returned products. If the product shows signs of use or if it has been used or altered compared 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, based on the checks carried out, decides not to accept the return, it will send a communication to the consumer, promptly informing him 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 - at 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 made to measure and/or clearly personalized;

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

(c) if the sealed goods, opened after delivery, are not suitable for return 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) sealed audiovisual products or computer software, opened by the consumer;

(g) newspapers, periodicals and magazines.

h) underwear such as, for example, tights, bodysuits, tops, bras, panties, briefs and women's underwear in general.

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

We offer the possibility of making the exchange. Any requests must be made within 3 days of receiving the product by sending an exchange request email to clienti@fgm04.com .

To exchange the item, the tag must still be attached and the item must be intact and in its original packaging.

In case of exchange, delivery and return costs are the responsibility of 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 will send the courier who will pick up the product to be exchanged directly from the customer's home and will bring you the new package. In this case, the responsibility for the package remains with FGM04

The cost of the service is €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. The whole process, between delivery and collection, will take between 5 and 8 days.

The products are under the responsibility of the customer who must use the diligence of a good father of the family for the entire time in which the goods remain in his hands. Once the products return to our warehouses, their conditions will be verified. 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 end of series or carried out in particular periods of the year such as Black Friday we only allow size changes and not product changes.

1. FGM04 Spa may modify the content of these General Conditions at any time and without notice.

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

3. In the event of changes, unless otherwise expressly agreed between FGM04 Spa and the Customer, the General Conditions in force at the time of the stipulation of the contract shall remain valid for contracts already concluded.

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

2. In no case may the sums eventually owed by FGM04 Spa for any reason or title exceed those paid by the Customer in execution of the Contract.

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

With the completion of the contract, the company FGM04 Spa undertakes to base the processing of personal data on the 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 communications, general authorizations, pronouncements in general issued by the authority responsible for the protection of personal data).

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

It also undertakes to observe the current provisions regarding security and privacy and to ensure that their employees and collaborators, as those in charge or authorised to process customers' personal data, observe them.

1. FGM04 Spa undertakes to comply with the current legislation on the protection of personal data. The information on the processing of personal data is made available on the Site and 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 intended solely and exclusively for individuals who have reached the age of eighteen.

2. FGM04 Spa has taken every precaution to prevent the publication on the website of content that describes or represents scenes or situations of physical or psychological violence or that, according to the sensitivity of FGM04 users, could be considered harmful to civil beliefs, human rights and the dignity of people, in all its forms and expressions. These include, by way of example: sharing images that depict sexual abuse of minors, illegal non-consensual sharing of private images, cyberstalking, the sale of non-compliant or counterfeit products, the sale of products or the provision of services in violation of consumer protection legislation, 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 Spa does not guarantee that the contents of the website are appropriate or lawful in other countries, outside of Italy. However, if such contents are deemed unlawful or illegal in some of these countries, we ask the consumer customer to avoid accessing our website and if he chooses, in any case, to access it, we inform you that the use he decides to make of the services provided by fgm04 will be his exclusive and personal responsibility.

3. In order to strengthen the commitment referred to in paragraph 2 of this article, the FGM04 company has established a supervisory body responsible for verifying the conformity and legitimacy of the individual contents published on the FGM04 website.

4. All individuals or entities who believe that some content published on the FGM04 website is illegal can send reports to the company FGM04 Spa at the address clienti@fgm04.com . Within 30 days of receiving such reports, FGM04 will communicate its reasoned decision in relation to the report received and specifically what content moderation tools it intends to adopt. The decisions referred to in this point can be challenged within 6 months of notification to the person who made the report. The challenge of such decisions must take place within 6 months following receipt of the decision of the company FGM04 and must be promoted to the supervisory body established pursuant to the following art. 32 of these general conditions of sale.

1. The FGM04 company has established a supervisory body that acts as a point of contact with consumer customers and the competent authorities.

2. The supervisory body is chaired by the lawyer Giuseppe Silvano of the Modena Bar Association, qualified in matters of protection of personal data of consumers, protection of minors, protection of so-called vulnerable subjects, respect for fundamental human rights, transparency of advertising and the fight against advertising deemed misleading.

3. The supervisory body is responsible for carrying out the following activities:

- assessment of systemic risks arising from the services provided by FGM04 Spa;

- management of individual complaints received pursuant to the following art. 33;

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

- the supervisory body is finally responsible for verifying the correctness and transparency of the advertising campaigns carried out by the company FGM04 Spa and its respective collaborators.

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

2. Complaints must be filed within 6 months of receiving the decision referred to in Article 31, paragraph 4 and must be sent to the email address ( legal@fgm04.com ).

2. The supervisory body shall handle complaints within 30 days of receipt and, within the same period, shall send a reasoned response to the sender.

By purchasing products on the FGM04 SpA website, the Customer expressly undertakes not to resell the clothing items purchased online without the prior written consent of FGM04 SpA

The ban aims to protect the image and quality of products, ensuring that items are sold exclusively through official and controlled channels, to prevent unauthorized sales on third-party platforms such as Amazon, eBay, Etsy, etc., which could damage the customer experience and the brand's reputation.

In the event of violation of this prohibition, FGM04 SpA reserves the right to take all legal action necessary to protect its rights, including immediate termination of the sales contract and request for compensation for damages suffered.

This restriction complies with the Italian Civil Code (articles 1337 and 1341) and with the legislation on intellectual property and fair competition, including Directive 2005/29/EC on unfair commercial practices.

1. The Customer may obtain assistance on purchases made by contacting FGM04 Spa via email at clienti@fgm04.com , via PEC at info@pec.fgm04.it or in any case at the telephone numbers indicated in art. 1, paragraph 1, letter a, of these General Conditions.

2. Requests for assistance will be processed by FGM04 Spa as soon as possible; the Customer will receive a response within 4 working days of receipt.

The Contract is governed by Italian Law.

2. For any dispute that may arise in relation to the application, interpretation and execution of the Contract, the Court of Modena will have exclusive jurisdiction if the Contract is concluded with a Professional Client, despite the violation, in this case, of 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 of Italy are devolved to the jurisdiction of the Court of Modena, as the judge of the place where the Contract is executed.

The Data Controller is the Company FGM04 Spa, Via Begarelli, 21 - 41121 Modena (MO), (hereinafter for convenience FGM04) contactable at the following dedicated e-mail address: mmalerba@fgm04.com.

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

In simple terms, the owner is the one who processes the data without receiving instructions from others. He is the one 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. To store the data collected, the Company uses the servers used by Shopify, located both in Europe and in Canada (“ If you are located in Europe, the United Kingdom or Switzerland, your personal information is controlled by our Irish subsidiary, Shopify International Ltd.…When we send your personal information outside of Europe, we do so in accordance with European law ”), which acts as data controller (pursuant to art. 28 GDPR). You can consult Shopify’s privacy policy here .

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

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

Generally speaking, depending on the case, the data that FGM04 will process will be the following:

• identification data (e.g. name, surname, image, language and country from which you interact with us, contact details, etc.);
• financial and transaction information (for example, payment or credit card data, 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 personal data of a User, it is 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 access to the functionality in question, for which the data are 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 using the services or products or functionality requested.

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 your 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 identify him/her as a user of the Platform and authorize him/her to access the various features, products and services available as a registered user. The User also has the right to cancel his/her account by contacting the Customer Service.

It should also be remembered that the data regarding your activity, which have been collected through the various channels of the Platform and which include the purchases made, will remain linked to your account, so that it is possible to access all previous information.

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

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

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 informative communications relating to features, products or services contracted, including quality surveys and to be able to establish the level of customer satisfaction regarding the service provided;
• ▪ Management of payment for purchased products, regardless of the payment procedure used. For example:
• ▪ If, when purchasing one of the products through the Website or the App, the User decides to activate the functionality that allows the saving of payment data and shipping address for future purchases (if this function is available), the consent to the activation of this functionality makes it possible to automatically complete the payment data in subsequent purchases, so that you do not have to enter them for each new operation, and this data will be considered valid and effective for future purchases. You can modify or delete your payment data at any time through the appropriate section relating to payment information, either through the user account registered on the Website or 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 believes that the transaction may be fraudulent or detects anomalous behaviors that indicate an attempted fraudulent use of the features, products or services, such processing may result in the blocking of the transaction or the cancellation of the account that is compromised. In this case, FGM04 believes it has a legitimate interest in carrying out the necessary checks 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 of goods or returns following purchase and management of requests for information on the availability of items, product reservations through the Platform.
• ▪ For billing purposes and to make available to the User the receipts and invoices for purchases made via the Platform.
• ▪ Use of other available functions or services, such as purchasing, receiving, managing Discount Coupons or Gift Vouchers.

c) To contact FGM04 directly.

Through the “ Info and Customer Service ” section of the site, the User can contact the Company through the telephone number, the email address. In this way, the User consents to the processing of the data provided, as well as any other data that is intended to be provided in order to make direct contact with the Company and request further information on the services/promotions offered.

It should be noted, however, 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 you decide to communicate with the Customer Service via the chat service, some of your personal data, such as your name or username, will be imported from your social network account, if any, so the data sent on this service will be available to the social network and will be subject to their privacy policies (we recommend that you check your privacy settings and read the privacy policies of the social network for more detailed information on their use of personal data when using their services).
• FGM04 believes it has a legitimate interest in responding to requests or questions posed 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, lett. b of the GDPR (execution of a contract or pre-contractual measures) as the processing is necessary for the provision of services or to respond to requests from the interested party and does not require his consent.

d) To comply with obligations under applicable laws, regulations or community legislation, or to satisfy requests from the Authorities .

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

e) For defense in court.

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

f) For statistical research/analysis purposes aimed at measuring the functioning of the Site, measuring traffic and evaluating usability and interest . Such research and analysis concern aggregate or anonymous data, for which it is not possible to identify the User. This type of processing can, therefore, be carried out freely by the Owner because it is not based on personal data.

Providing Personal Data for the purposes listed above is optional, but failure to provide such data may make it impossible for the Company to respond to a request or fulfill a legal obligation to which it may be subject.

g) To subscribe to the FGM04 website Newsletter

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

h) For marketing purposes

• ▪ If the User provides consent to profiling and marketing activities, FGM04 will process the personal data of the Account/User to send him/her personalized information on products or services through different means (such as e-mail or SMS).
• ▪ Consequently, it should be noted that such data processing involves the analysis of the user or customer profile to determine preferences and, therefore, which products and services best suit his or her 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 in to the FGM04 Platform, it should be noted that these social platforms may use the data to send targeted advertising, therefore it is recommended to review the privacy policies of the social network sites on which the User has a profile, to obtain information on the use of their data and on the functioning of the advertising.

For the purposes set out in point 5 of this notice, personal data may be shared with:

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

- the so-called Data Processors (pursuant to art. 28 GDPR), i.e. persons who cooperate with the Data Controller to pursue the aforementioned purposes, including persons delegated to carry out technical maintenance activities;

- subjects, entities or authorities to whom it is mandatory to communicate personal data by virtue of provisions of law or orders of the Authorities.

The Data Controller, as well as the Authorized Persons, are appointed with a formal act and indicated in a specific 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 in the subject the wording "List Request". 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 need 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 for example:

▪ Financial institutions,

▪ Companies specialized in the detection and prevention of fraud,

▪ Technology and analytics service providers,

▪ Suppliers and collaborators of services related to logistics, transport and/or their partner factories,

▪ Customer support service providers,

▪ Marketing and advertising service providers and partners, 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 retained for the period of time necessary for their provision, within the time limits established and permitted by Italian law to protect its interests (and in any case not beyond the terms set out in articles 2946 of the Italian Civil Code and subsequent - limitation period).

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

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 in point 5 are acquired). The processing of personal data by the Company occurs using manual, computerized 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 systems. Adequate security measures are adopted in order to minimize the risks of destruction or loss, even accidental, of the data themselves, of unauthorized access, of processing not permitted or not compliant with the purposes indicated in this information. The security measures adopted, however, do not allow for the absolute exclusion of the risks of interception or compromise of personal data transmitted with telematic tools. It is therefore recommended that the User checks that his/her device (PC, smartphone, tablet, etc.) is equipped with software systems adequate for the protection of the telematic transmission of data, both incoming and outgoing (such as, for example, updated antivirus systems, firewalls and anti-spam filters).

Pursuant to Articles 15 et seq. of the GDPR, the User has the right to:

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

- oppose the processing for legitimate reasons or obtain portability;

- obtain confirmation of the existence or otherwise of personal data concerning him/her, 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 processing carried out with the aid of electronic instruments;

- the identifying details of the Data Controller, the Manager(s) (internal/external) and the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them as Authorised Persons;

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

c) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes of the processing;

d) certification 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 such fulfillment proves impossible or involves the use of means manifestly disproportionate to the right protected.

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/her, even if pertinent to the purpose of the collection;

f) to the processing of personal data provided when you contact the Company through the dedicated section or the email address indicated in the "To contact us" section of the site.

The rights listed in the previous point 10 of this information notice are exercised by making a request freely and without formalities to the Data Controller, directly or through a designated person, by sending an email to the email address: ( clienti@fgm04.com ) with the subject “Rights” written on it.

The interested party has the right to receive an appropriate response to the request transmitted, without unjustified delay and, in any case, no later than one month from receipt of the request itself (a term that may be extended by two months, due to complexity and number of requests), which may be renewed for justified reasons.

In any case, if the User believes that the Company is processing his/her personal data in violation of the provisions of the GDPR, he/she has the right to lodge a complaint with the Guarantor ( art. 77 GDPR , art. 141 Privacy Code ) or to take legal action ( art. 79 GDPR , art. 152 Privacy Code ). The complaint form and information on how to fill it out and submit it are available here . To exercise the rights in question, the interested party may avail himself/herself of natural persons, entities, associations or organizations, granting, for this purpose, written authorization and being assisted by a trusted person.

This information is updated as of February 20, 2024.

FGM04 may need to change 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/her email address if the change significantly affects his/her privacy, so that the User can review the changes, evaluate them and, as the case may be, oppose or cancel any services or features.