Terms and conditions for the online sale of goods
In force since 2023/07/06
1. SCOPEThese 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 CUSTOMERThe 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 email@example.com / 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 firstname.lastname@example.org 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. PAYMENTSOrders 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.
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: email@example.com 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. PRICESThe 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 CODESDuring 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 PRODUCTSWithout 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: firstname.lastname@example.org. 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. EXCHANGES AND RETURNS – WITHDRAWALS
The Customer who holds the quality of consumer has the right to withdraw from the Contract of purchase of the Products, without having to provide any reason, within a period of fourteen (14) calendar days. The withdrawal period (“Withdrawal Period”) expires 14 days from the moment in which the Customer or their designated recipient, other than the carrier, acquires physical possession of the Products.
The Customer who wishes to return the Product must ship it, appropriately protected and packaged, by UPS courier, attaching the pre-printed and prepaid label provided to the Customer to the packaging of the returning Product together with the Product and deliver the Product (properly protected and packaged) to a UPS access point.
Provided that the Customer has correctly carried out the redelivery procedure, the Seller undertakes to execute the reimbursement in the same method with which the Customer made the original payment and will be executed within 14 days from the date of receipt of the return of the Products. The return must be shipped from the original country of receipt with the appropriate document found inside. If by mistake the return label is missing inside, please contact Customer Care who will send a label to be printed.
The returned Products must be returned with their label, their packaging and related accessories (sleeves, guards, hangers, etc.). The Products, packaging and related accessories must not show any signs of use or alterations of any kind and must be delivered to the Seller in the same condition in which they were shipped to the Customer.
Therefore, a reimbursement will not be made if the products are found to be: - Without their label; - Damaged, used, worn, deteriorated or otherwise modified; - Without their original packaging with the Peserico trademark.
10. INTELLECTUAL PROPERTY RIGHTSThe 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.
11. 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.