Terms and conditions for the online sale of goods

In force since 2023/07/06. Last update on 2024/05/31

1. SCOPE

These General Terms and Conditions of Sale shall govern the purchase and sale contract (the "Contract") of the branded products owned by Confezioni Peserico S.p.A. ("Products") through the e-shop section ("e-Shop") on the website www.peserico.it (the "Website") owned by the company Confezioni Peserico SpA, ("Peserico") headquartered in Cornedo Vicentino, Via Lucca, VAT No. 00655390243.

The Products sold on the e-Shop are sold by Confezioni Peserico ("Peserico" or "Seller")  VAT No. 00655390243.

The sale through the e-Shop of the Products constitutes a distance sales contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, no. 206 ("Consumer Code") and Legislative Decree 9 April 2003, no. 70, containing the electronic commerce regulations.

The General Conditions of Sale are applicable in the following States: Italy, Germany, Belgium, Luxembourg, Holland, Austria, Portugal, Spain, Bulgaria, Croatia, Cyprus, Czech Repubblic, Denamark, Estonia, Finland, France, Greece, Hungary, Ireland, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia, Sweden.

Users who browse the Website and E-shop for the purpose of buying (the "Customer") is invited to read these General Terms and Conditions of Sale published on the Site before completing a purchase order for the Products (the "Order").

The sending of the Order implies acceptance of the General Conditions of Sale.

Any modification to the General Conditions of Sale will become effective with the relevant publication on the e-Shop and will regulate all subsequent Orders.

These General Conditions of Sale do not regulate the sale of products and / or the provision of services by subjects other than Peserico that may be present in the e-Shope or Website through links, banners or other hypertext links. Therefore, Peserico is not responsible for the sale of products or for the provision of services by these subjects nor for the contents of such sites.

The Customer has to read carefully both these General Conditions of Sale that Peserico makes available in the footer of the E-Shop and whose storage and reproduction is permitted, and any other information that Peserico provides on the e- Shop in relation to the purchase procedure.

2. THE CUSTOMER

The conclusion of the Contracts is allowed to natural persons who have the legal capacity to enter into agreements in compliance with the provisions of the Italian law or with different legal entities, which, however, accepting these general conditions of sale, declare to make the purchase for purposes not related to one's business, trade, craft or professional activity.

It is expressly forbidden to proceed with the forwarding of Orders using names or credentials of other persons or entities unless expressly authorized.

3. ORDER, ORDER ACCEPTANCE AND ORDER CONFIRMATION

Upon receipt of the Order, Peserico will process the Order, verify the terms of the chosen means of payment and proceed with sending confirmation of receipt of the Order. Such communication is indicative of Peserico's receipt of the Order and will contain an identification code referring to the Order. Such communication shall not in any event imply confirmation of the Order. Should one or more of the data highlighted in such communication be incorrect, the Purchaser shall promptly notify by appropriate written communication, via email to shoponline@peserico.it / or contact Customer Care at (+39) 0445 450 912 and follow the appropriate procedure to modify the Order.

In any case, Peserico reserves the right to cancel orders reported by Shopify as being at risk of fraud or, in any case, may contact the Buyer in order to have confirmation of the veracity of the order and of the methods of payment within the limits of the information in the possession of Peserico.

Acceptance of the Order (the "Order Acceptance") by the Seller shall take place only upon receipt by the Buyer of the e-mail acknowledging receipt of the order. Order Confirmation (the "Order Confirmation") means the e-mail sent by Seller to Buyer with the actual availability of the products that will be shipped together with the waybill,

Until receipt of the Order Confirmation email, the Contract shall not be deemed to be concluded and Seller until such time may at its sole discretion not accept or modify based on the availability of the Products, the Order received. At the time the Order is placed on the e-commerce site, Buyer shall promptly make known its desire to request a tax invoice.

The request for the tax invoice must be made by e-mail to shoponline@peserico.it the same day the Order is sent. The issuance of the same for Buyers resident in Italy is subject to the prior communication of the Buyer's tax code or VAT number as well as the SDI code.

4. PAYMENTS

Orders can be made by credit card, bank transfer or other means of payment that will be made available on the e-Shop. The Seller will proceed to debit the payment at the time of Order Confirmation.

The Seller does not directly manage any financial information relating to the payment method; it is managed externally by a primary payment gateway. (Shopify)

In the event of an error, negligence or unlawful transaction, neither Peserico nor the Website will be liable in any way for such errors, negligence or misconduct.

In case of payment by bank transfer, all costs and expenses (e.g. bank fees) shall be the sole responsibility of the Buyer.

Buyer shall make payment by bank transfer within 7 business days from the date of Order Confirmation.

In the event that Seller does not receive payment within this term, the contract shall be deemed terminated and the Order shall lose effect.

In no event shall Seller proceed to ship the orders before receiving full payment of the price.

5. DELIVERY METHODS

Peserico undertakes to deliver the Products by shipping via UPS courier, in compliance with the terms indicated on the e-Shop during the purchase phase and, at all events, within 30 days from the date of the Order Confirmation.

Shipping in Italy and in other Countries listed in the paragraph 1 of the Products purchased is free. Any other different cost arisen will be paid by the Customer.

Peserico will not be responsible for any additional costs incurred by the Customer due to their behavior, caused by errors or inaccuracies in the compilation of delivery data

The Customer will be able to track the shipment through the shipping number that is present in the Order Confirmation sent to the Customer.

The Customer shall make himself available and facilitate the success of the delivery, and, where appropriate, by means of delegation to third parties. In the event that the Product is not delivered on the first attempt, the Product as per the signed agreements between UPS and the Seller will be delivered to a UPS access point.

Upon receipt of delivery, the Customer must verify the integrity of the external packaging and also the Products, taking care, in case of anomalies, to sign the delivery document with specific indication and to contact Customer Care.

In the absence of such procedure, the Customer will not be allowed any dispute in the context of the delivery except as set out below in relation to hidden defects and in compliance with Consumer protection law.

The Customer may contact Customer Care during the following hours: 9.:00 -13.00/14.00– 17:00 (GMT+2)at +39 0445450912 or through specific communication to be sent to: shoponline@peserico.it Due to high shipping volume during certain periods of the year, shipments may be subject to slight delays beyond the time limits indicated in this article.

It is understood that at all events Peserico cannot be held responsible for delays that are not directly attributable to its negligence or fault.

In addition, Peserico will be exempt from any liability for delays due to force majeure, strikes, natural events or for any other event that is not under its direct control.

6. PRICES

The prices indicated on the Site are inclusive of VAT if applicable.("Price").

With regard to shipping costs ("Shipping Costs"), the Customer shall refer to what is indicated in the relevant schedule during the order process and will be reported in the Order Confirmation. All prices are intended to comply with those published on the e-Shop. Any changes are valid from the publication.

In case of errors in the Price, the Seller reserves the right to cancel the order before the Order Confirmation.

The amount will be expressly and separately indicated (in Euro and inclusive of VAT if applicable) in the product description, in the order summary and, at all events, before the Customer transmits the order as well as in the e-mail confirmation of the Order.

7. DISCOUNT CODES

During marketing campaigns, Peserico will be able to provide customers with discount codes and vouchers to be used exclusively for purchases in the e-Shop.

8. LEGAL GUARANTEE FOR NON-COMPLIANT PRODUCTS

Without prejudice to the provisions of art. 9, Peserico guarantees to the Customer that the Products comply with the provisions of the Contract and that they, in particular: - respect the description provided on the e-Shop or Website; - are appropriate for destination use; - possess the qualities of goods of the same type.

At all events, it is not guaranteed that the images published on the Site or on the e-Shop will always be accurate.

Non-significant differences between the description of the Products on the Site or on the e-Shop and the actual characteristics resulting from the delivery will not be considered as a cause of non-conformity of the Products.

The legal warranty of conformity of the Products sold on the E-shop applies for a period of 2 (two) years from the date of receipt of the Products by the Customer.

In the event of non-conformity, the rules set out in the Legislative Decree of September 6, 2005, no. 206 (from art. 128 to 135-septies), limited to transactions subject to the aforementioned regulation, will be applied. They apply exclusively to consumers and cannot operate if the Customer has proceeded with their purchase for business, commercial, artisanal or other professional purposes.

It is understood that should a non-compliant Product be delivered, the Customer may request the restoration of conformity at no cost and by repair or replacement. Should such options not be possible, the Customer shall be entitled to a reduction corresponding to the Price or a reimbursement of the Price.

The Customer shall notify to Peserico of any defect or lack of conformity of the Products within 2 (two months) of the date of discovery of the lack of conformity, following the procedures indicated for returns by completing the appropriate form on the E-Shop or by writing to: shoponline@peserico.it. Following this notification, the Customer and Peserico will agree on the return of the Products.

It is understood, however, that the receipt of the Products does not imply any acknowledgement by Peserico of any defects or faults and as regards the company will proceed with a careful and specific verification. The action for hidden defects is in any case shall be claimed within twenty-six months of delivery of the Product.

9. CHANGE AND RETURN – WITHDRAWAL

A Customer who is a consumer is entitled to withdraw from the Contract for the purchase of the Products, without having to provide any reasons, within a period of fourteen calendar days. The withdrawal period ("Withdrawal Period") expires 14 days after the Customer (or its nominee, other than the carrier) acquires physical possession of the Products.

In order to exercise the right of withdrawal, the Customer must return the Product (bearing all tags, labels and related documents and including all accessories contained within the original packaging at the time of receipt), properly packed and sealed within 14 days from the time of receipt of the item.

The Products, the original packaging and the relative accessories must not show any sign of use or alterations of any kind and must be delivered to Peserico in the same condition in which they were sent to the Customer. Therefore, Products which are: damaged, used, worn, deteriorated or in any case modified; lacking their labels and tags; lacking their original packaging with Peserico mark shall not be reimbursed.

The Customer shall also print and apply on the original packaging the label that will be generated automatically after the completion of the appropriate withdrawal request form available at peserico.com/a/returns-and-exchanges.

The package with its label shall be sent by the Customer by UPS courier.

Provided that the Customer has correctly carried out the procedure for the return of the item, within 14 days from the date of receipt of the returned Products Peserico will execute the refund in the same manner in which payment was made by the Customer.

The return must be sent from the original country of receipt with the relevant document inside.

10. CHANGE OF SIZE

Customers wishing to change of size of an item may do so within 14 calendar days from the day they received their order and without additional delivery costs for the new item, following the procedure and respecting the conditions set out below.

PROCEDURE

Customer may request the change of size of an article ordered by filling in the form available at peserico.com/a/returns-and-exchanges.

Customer will be able to select a replacement size, for each item of the fulfilled order, from those that are available in the form.

Once the size change request has been completed by filling in the form available on the website, the relevant return label will be generated automatically.

The label with the addressee’s postal address, i.e. Peserico Logistics Ecommerce - via Mario Sbicego, 3 - 36073 Cornedo Vicentino VI (IT), shall be printed and applied by the Customer on the outside of the original packaging.

The previous shipping label must in any case be removed from the packaging before the item is returned.

The item must be returned by UPS courier: you can view a list of the nearest UPS collection points by consulting www.ups.com/dropoff.

If the size the Customer is looking for is not available on the website, before making the return the Customer can contact Peserico’s CUSTOMER SERVICE using the contact form available at the following link https://it.peserico.com/pages/customer-care; the CUSTOMER SERVICE will check the actual availability in Peserico’s warehouses and, if the requested size is available again, it will inform the Customer of its availability so that the Customer can complete the size exchange procedure.

In the event that the requested size should not be available even after the Product has been checked for availability in our warehouses, the Customer may complete the return procedure described in the "Returns" section.

If, on the other hand, before making the return, the size the Customer is looking for seems to be available on the website but, after a check at the warehouse, cannot actually be purchased, Peserico shall cancel the size change procedure and inform the Customer of the relative cancellation. Also in this case, Peserico shall refund the Customer the relative amount by means of the same method of payment used for the purchase of the item.

 

Once Peserico has received the Product, it will check its condition and assess whether or not to accept the return. If it accepts the return, it will ship the new order within about 5 days from the acceptance. If, on the other hand, the item is returned worn, stained or in any case damaged, it shall not be accepted and shall be sent back to the shipping address; in this case, Peserico shall not reimburse the Customer the amount paid for the damaged item.

CONDITIONS

Pursuant to Article 57 of the Italian Consumer Code, the Customer is liable for any diminution in value of the Products returned to Peserico resulting from handling of the goods other than and in addition to that necessary to establish their nature, characteristics and functioning.

For this reason, the Customer must examin and wear the Product received using due care, attention and diligence.

In the event that the Customer wishes to make a change of size, the Product must be, at the time of return, in the same condition in which it was received by the Customer. If the Product received has flaws or conformity defects, it is the Customer’s responsibility to report these when completing the change of size request.

The Products must be shipped in their original packaging, on which the Customer must affix the label and inside which he must place all original tags and labels, documents and any accessories.

Products which, following an appropriate check by Peserico, are found to be damaged (for example, because visibly used, worn, stained), not complete with all their accessories (including the relative tags and labels, which must be intact and not removed from the Product), without the original packaging (meaning the packaging used for the original shipment to the Customer), shall not be accepted for return by Peserico and shall instead be sent back to the Customer; in this case, Peserico shall not refund the amount paid for the damaged item to the Customer.

The returned Product must be shipped from the original country of receipt.

Peserico shall in no way be liable for any loss of the returned Products while they are in transit.

The Customer wishing to make a size change may do so within 14 calendar days from the day on which he received the order. For this reason, Peserico shall not accept any request for replacement of a Product made after this period.

REFUND

Once the Product has been received, Peserico shall examine it and, if it decides to accept its return, shall refund the amount paid by the Customer within 14 days of verification of the condition of the Product.

The refund will be credited to the same payment method used to pay for the order.

In the event of payment by bank transfer, the Customer will be contacted by Peserico Customer Service to ask for confirmation of the correctness of the bank details on which to make the transfer.

Once the refund has been made, Peserico shall send the Customer an automatic e-mail confirming that the amount has been refunded.

11. RETURN

A Customer who wishes to return a Product may do so within 14 calendar days from the day on which he received it and without additional delivery costs for the new product, following the procedure and respecting the conditions set out below.

PROCEDURE

To make a return, the Customer shall access www.peserico.com, fill in the form available at the following link https://it.peserico.com/a/returns-and-exchanges and follow the procedure outlined below.

Once the online form has been completed, the Customer will receive a return label, which must print out and attach to the outside of the original packaging, carefully removing or covering the previous shipping label.

The previous shipping label must in any case be removed from the packaging before the item is returned.

The item must be returned by UPS courier: you can view a list of the nearest UPS collection points by consulting www.ups.com/dropoff.

CONDITIONS

Pursuant to Art. 57 of the Italian Consumer Code, the Customer is liable for any diminution in value of the Products returned to Peserico resulting from handling of the goods other than and in addition to that necessary to establish their nature, characteristics and functioning.

For this reason, the Customer must examine and wear the Product received using due care, attention and diligence.

If the Customer wishes to make a return, the Product must be, at the time of return, in the same condition in which it was received by the Customer. If the Product received has defects or non-conformities, it is the Customer's responsibility to report these when completing the return request.

The Products must also be shipped in their original packaging, on which the Customer must attach the label and inside which he must place all original tags and labels, documents and any accessories.

Products which, after an appropriate check by Peserico, are found to be damaged (for example, because visibly used, worn, stained), not complete with all their accessories (including the relative tags and labels, which must be intact and not removed from the Product), without the original packaging (meaning the packaging used for the original shipment to the Customer), shall not be accepted for return by Peserico and shall instead be sent back to the customer; in this case, Peserico shall not refund the amount paid for the damaged article to the Customer.

The returned Product must be shipped from the original country of receipt.

Peserico shall in no way be liable for any loss of the returned Products while they are in transit.

The Customer wishing to make a return may do so within 14 calendar days from the day on which he received the order. For this reason, Peserico shall not accept any request for return of a Product made after this period.

REFUND

Once the Product has been received, Peserico shall examine it and, if it decides to accept its return, shall credit the amount paid to the Purchaser within 14 days of verification of the condition of the Product.

The refund will be credited to the same payment method used to pay for the order.

In the event of payment by bank transfer, the Customer shall be contacted by Peserico Customer Service to ask for confirmation of the correctness of the bank details on which to make the transfer.

Once the refund has been made, Peserico will send the Customer an automatic e-mail confirming that the amount has been refunded.

12. INTELLECTUAL PROPERTY RIGHTS

The Peserico brand as well as all distinctive signs, images, illustrations, and logos on the Website and on the E-shop, on the Products and their packaging and accessories are the exclusive property of Confezioni Peserico S.p.A.

The Customer undertakes not to use or economically exploit in any way whatsoever any distinctive sign belonging to or in any way connected to Peserico.

13. JURISDICTION AND APPLICABLE LAW

The Purchase Agreement concluded on the E- Shop is governed by Italian law.

This is without prejudice to the application to Customers who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the term for the exercise of the right of exit, the term for the return of the Products, in the event of the exercise of such right, the methods and formalities for the communication thereof and the legal guarantee of conformity.

Any dispute relating to the application, execution and interpretation of these General Conditions of Sale shall be settled by the court of the place where the Buyer is residing or has elected domicile.

 

Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree September 6, 2005, No. 206 of the Italian Law (Consumer Code – Codice del Consumo), the Seller hereby notifies the Buyer who holds the status of consumer under Article 3, paragraph 1, lett. a) of the Consumer Code/Codice del Consumo, that in the event that he or she has submitted a complaint directly to the Seller, as a result of which it has not, however, been possible to resolve the dispute thus arising, Peserico will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (cc. dd. ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.

Peserico also informs the Buyer who qualifies as a consumer under Article 3(1)(a) of the Consumer Code/Codice del Consumo that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform the Buyer will be able to consult the list of ADR entities, find the link to the site of each of them and initiate an on-line dispute resolution procedure in which he/she is involved. The Buyer's right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the prerequisites are met, to initiate an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set forth in Part V, Title II-bis of the Consumer Code, are in any circumstance unaffected.

The Buyer who is a resident of a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The regulation text can be found at eur-lex.europa.eu.