GENERAL CONDITIONS OF SALE
In force from 28.03.2018
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, VAT No. 00655390243.
The Products sold on the e-Shop are sold by Fintex S.r.l. ("Fintex" or "Seller") with registered office in Modena, Via Rainusso no. 144, VAT No. 03000610364.
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 and Spain.
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 Fintex that may be present in the e-Shope or Website through links, banners or other hypertext links. Therefore, Fintex 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 Fintex makes available in the "Legal Area" section of the Website and which may be stored and reproduced, and any other information that Fintex 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.
The Customer must register for free by filling out the appropriate form, providing their personal data including: name, surname, date of birth, social security number, email address, password and the address at which they want to receive the Products purchased.
The registration with the e-Shop will be confirmed by a specific e-mail.
All information provided must be true and up-to-date.
It is expressly forbidden to proceed with the forwarding of Orders using names or credentials of other persons or entities unless expressly authorized.
Registration with the e-Shop constitutes acceptance of these General Conditions of Sale.
3. Order and Order Confirmation
Once the Order has been received, Fintex will proceed with the archiving and verification of the method of payment chosen and proceed with sending confirmation of receipt of the Order.
The confirmation is indicative of the receipt of the Order by Fintex and will contain an identification code related thereto.
This communication does not imply any confirmation of order.
Should any part of the data highlighted in this communication not be correct, the Customer must promptly communicate via specific written notice to: firstname.lastname@example.org or by contacting Customer Care at +39 055 215163 and following the appropriate procedure to modify the Order.
The Acceptance of the Order (the "Order Confirmation") by the Seller will take place exclusively upon receipt of the Order Confirmation by the Customer.
Until the Order Confirmation, the Contract will not be considered concluded and the Seller until such time may in their own judgment not accept or modify the Order received on the basis of the availability of the Products.
At the time the Order is sent, the Customer must promptly disclose its wish to request a tax invoice. The issue of the latter for the Customer residing in Italy is subject to prior notification of the social security number (Tax ID) or the VAT number of the Customer.
Orders can be made by credit card, debit card, Paypal 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.
In the event of an error, negligence or unlawful transaction, neither Fintex nor the Website will be liable in any way for such errors, negligence or misconduct..
5. Delivery Methods
Fintex 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.
Fintex 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 cannot be delivered on the first attempt, there will be two further attempts by the courier who will, for this purpose, contact the Customer directly.
In the event that the third attempt should fail, the Customer shall be contacted by Customer Care to verify its interest in an additional shipment attempt. If the place of delivery is within two kilometers from one of the Access Points (defined below) the courier will make just one attempt and, in the case of a negative result, will issue a specific notice with the specific instructions for collection of the delivery at a nearby 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: 10:00 – 19:30 at +39 055 215163 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 Fintex cannot be held responsible for delays that are not directly attributable to its negligence or fault.
In addition, Fintex 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. Pick-up at the UPS Access Point
During the purchase procedure, the Customer, when possible, can opt for the collection of the Products at a UPS Access Point location. This service is only available for certain locations that the Customer will be able to verify at the time of the purchase procedure.
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.
8. Discount codes
During marketing campaigns, Fintex will be able to provide customers with discount codes and vouchers to be used exclusively for purchases in the e-Shop.
Legal guarantee for non-compliant products
Without prejudice to the provisions of art. 10, Fintex 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), 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 Fintex 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 Fintex will agree on the return of the Products.
It is understood, however, that the receipt of the Products does not imply any acknowledgement by Fintex of any defects or faults and as regards Fintex 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
10. 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.
To exercise the right of withdrawal the Customer must inform Fintex before the expiration of the Withdrawal Period of its decision to withdraw, using the appropriate form attached to the email received from the Customer or made available with delivery or with any declaration to be sent by registered letter to Fintex at the following address: Negozio PESERICO Firenze, Piazza dell’Olio n. 4/5/6/7 R 50123 Florence. The communication must contain specific information which identifies the Order.
Upon receipt of such communication, Fintex will promptly inform the Customer of confirmation of receipt of the withdrawal and authorization of the return.
Following receipt of the notification of the return confirmation, the Customer must send the Products purchased to the Seller within 14 days of the date on which the Customer communicated its intention to withdraw from the Contract.
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. The user can contact UPS, to arrange the date and place for the collection of the package. The Product, appropriately protected and packed, must be sent to the following address: Negozio PESERICO Firenze, Piazza dell’Olio n. 4/5/6/7 R 50123 Florence.
The only expenses payable by the Customer to exercise the right of withdrawal are the direct costs of returning the goods.
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.
Within the same days indicated for the exercise of the withdrawal, the Customer may request the replacement of the Product with a Product of equal or greater value.
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.
11. 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.
12. Jurisdiction and Applicable Law
The purchase Contract concluded on the E-Shop is governed by Italian law and, in particular, by the Legislative Decree no. 206 dated September 6, 2005 of the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce.
An exception regards Customers whose normal residence is not in Italy for whom the more favourable and binding laws of the Country in which they have their normal residence apply. In particular, with regards to the term for exercising the right of withdrawal, the term for the return of the Products (if this right is exercised), the forms and procedures of communicating the right and the legal warranty of conformity.
For any dispute concerning the application, execution and interpretation of these General Conditions of Sale, the court with jurisdiction shall be that of the place where the Customer resides or has elected domicile.
Pursuant to Art. 141-sexies, 3rd paragraph of Legislative Decree No. 206 dated 6 September 2005 (“Consumer Code”), Fintex informs the Customer who is a consumer according to Art. 3, 1st paragraph, letter a) of the Consumer Code, that, in cases where a dispute between the consumer and Fintex could not be settled further to a complaint submitted directly by the consumer to Fintex, the latter shall provide the consumer with the information about the Alternative Dispute Resolution entity or bodies “ADR entities”, as set forth by Articles 141-bis et ss. of the Consumer Code) for consumer disputes arising from a contract executed pursuant to these Terms and Conditions of Sale, specifying whether or not it will make use of the relevant ADR entities to settle the dispute.
Fintex also hereby informs the Customer who is a consumer according to Art. 3, 1st paragraph, letter a) of the Consumer Code, that a European platform for online dispute resolution for consumer disputes (“ODR platform”) has been established. TheODR platform can be consulted at the following address http://ec.europa.eu/consumer/odr/. Through the ODR platform the Customer will be able toconsult a list of the ADR entities and relevant link to their websites, as well as start an online dispute resolution procedure for resolving his/her dispute.
The above shall be without prejudice to the consumer’s rights to resort the court competent for the dispute arising from these Terms and Conditions of Sale, regardless the outcome of the out-of-court procedure, as well as to start, where applicable, an out-of-court dispute resolution procedure pursuant to Chapter V, Title II-bis of the Consumer Code.
The Customer who resides in a member state of the European Union other than Italy may also have access, for any dispute arising from the application, execution and interpretation of the Terms and Conditions of Sale, to the European procedure set up for minor disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, 2,000.00 Euros. The text of the regulation is available for consultation on the website eur-lex.europa.eu.