General Conditions of Sale
General Conditions of Sale
- Le presenti Condizioni Generali di Vendita hanno per oggetto la vendita di prodotti effettuata online tramite servizio di commercio elettronico sul sito pinottifortedeimarmi.com. In considerazione dell’elevato numero dei prodotti messi a disposizione, le caratteristiche principali ed i prezzi degli stessi (ivi compreso ogni eventuale costo aggiuntivo) vengono chiaramente indicati direttamente sul sito.
- I prodotti venduti sul sito possono essere acquistati e consegnati esclusivamente nei paesi indicati nel Modulo d’Ordine. Eventuali ordini per spedizioni da effettuarsi al di fuori di tali paesi verranno automaticamente respinti nel corso della procedura di elaborazione dell’ordine.
The products are sold directly by the PINOTTI SAURO company with registered office in Italy, in Via Martiri della Libertà n. 13, 54012 Barbarasco (MS) and administrative office in Italy, Via Martiri della Libertà n. 13, 54012 Barbarasco (MS); tax code PNTSRA65S26A496I; VAT number: 00535310452; registration number in the Massa Carrara Commercial Register: (N.REA): MS-88249 - Registered 22/08/1989.
For any information request, you can contact:
– by email to the following address: firstname.lastname@example.org;
– by telephone at the following number: +39 347 174 0621;
– by post to the following address:
– PINOTTI SAURO, Via Martiri della Libertà, 13 - 54012 Barbarasco (MS) - Italia
These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on www.pinottifortedeimarmi.com as they do not, however, govern the supply of services or the sale of products by subjects other than the seller who are present on www.pinottifortedeimarmi.com through links, banners or other hypertext links. Before placing orders and purchasing products and services from parties other than the Seller, we suggest checking their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller.
The products are sold to the Customer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
The product offers on the site are aimed at adult customers. If you are under the age of eighteen, in order to purchase on the website www.pinottifortedeimarmi.com you must first have the consent of one of your parents or a legal guardian. Remember: this always applies, not only for our site, but for all the sites you visit on the Internet: when browsing the Internet you see or are asked for information that you do not understand or are not clear to you, always ask your parents for help. By placing an order through this website, you warrant that you are of legal age (18 years), have full capacity to act and have the ability to enter into binding contracts.
The Customer is prohibited from entering false and / or invented and / or fictional names in the online ordering procedure and in further communications. The seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
By accepting these Conditions of Sale, moreover, you release the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by you at the time of placing the online order, being yourself as a Customer is solely responsible for their correct insertion.
By online sales contract we mean the distance contract concerning the sale of movable goods (hereinafter Products) stipulated between you, as a Customer, and PINOTTI SAURO, as a Seller, in the context of a commercial service electronic organized by the Seller which, for this purpose, uses the remote communication technology known as the Internet.
To conclude the purchase contract for one or more Products, you will need to fill out the order form in electronic format (henceforth Order) and send it to the Seller via the Internet following the relevant instructions. Before transmitting the order, the Customer registered on the site will have the right to access the My Account area to modify and correct the list of products in their cart. The products saved in the cart will remain in that area for at least 3 days, after which, if not submitted, the Order will be automatically canceled. Once submitted, the Order will remain available (but not editable) by the customer registered on the site in the My Account section for at least 6 months after it has been sent. If the Customer is not registered on the site and has chosen to make his purchases as a "guest", ie without entering his data, his Order will not be saved and therefore cannot be consulted.
The Order contains:
- SALE THROUGH E-COMMERCE SERVICE
– a reference to these General Conditions of Sale;
– information and images of each Product and its price;
– the methods of payment that you can use;
– le modalità di consegna dei Prodotti acquistati ed i relativi costi di spedizione e consegna;
– a reference to the conditions for exercising your right of withdrawal;
– the methods and times for returning the purchased products.
- Although the Pinotti Sauro company constantly adopts measures to ensure that the photographs shown on the site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics. and the color resolution characteristics of your computer. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of the Products shown on the site if due to the aforementioned technical reasons, since these representations are merely illustrative.
- Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
- The contract is concluded when the seller receives your Order Form through the Internet, after verifying the correctness of the data relating to your Order.
- The language available to conclude the contract with the Seller is Italian and the applicable law is Italian.
- Once the contact is concluded, the Seller will process your order for its fulfillment.
By submitting the Order via the Internet, you unconditionally accept and undertake to observe these General Conditions of Sale in relations with the Seller.
The contract will be concluded when the Seller sends you, by e-mail, an Order Confirmation, containing a summary of the information already contained in the Order described in paragraphs 3.3,3.4 and 3.5.
Without prejudice to the possibility, before sending the Order Confirmation, for the Seller to request further information by e-mail or on the telephone you indicated, with reference to the Order sent by you via the Internet.
The Seller may not process your purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the Products. In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not carried out your Order specifying the reasons. In this case, the sum previously committed on the Customer's means of payment will be released. Furthermore, despite our best efforts, we cannot exclude that for a small part of the products on our site a different price from the actual one is indicated by mistake. In any case, we will check the correctness of the prices of the Products during the Order verification process and subsequent shipment of the Products. If, due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct selling price of a product, we will contact you to check whether you still want to purchase the product at the correct price. Otherwise your order will not be accepted. If the correct price of a product is lower than that indicated on the site, we will only charge you the correct lower price and we will ship the Product to you anyway.
If the products presented on the website are no longer available or on sale after sending the Order, it will be the Seller's responsibility to notify you promptly and in any case within thirty (30) working days starting from the day following that in which you have sent your order to the Seller, any unavailability of the products ordered. In this case, the sum previously committed on the Customer's means of payment will be released.
The seller undertakes to deliver the ordered products to the customer no later than 30 days from the date of conclusion of the contract.
Each sale made by the Seller through the online sales service may concern one or more products. All orders placed on the site must correspond to normal consumption needs. This requirement applies both in relation to the number of products purchased with a single order, and in the case of a plurality of orders relating to the same product, even if each order includes a quantity of products corresponding to normal consumption needs.
The company Pinotti Sauro reserves the right to refuse orders from a customer with whom there is a dispute and / or a dispute relating to a previous order. This applies equally and in all cases in which the company Pinotti Sauro deems the customer unsuitable, including, by way of example, the case of previous violations of contract conditions for online purchases on the site or for any other legitimate reason, especially if the customer has been involved in any kind of fraudulent activity.
- FULFILLMENT OF THE ORDER
Unless otherwise stated in writing, all product prices and shipping and delivery costs indicated on the website and in the Order are to be considered VAT included and expressed in Euros. The validity of the prices indicated is always and only that indicated by the website at the time the Order is sent over the Internet. Product prices and shipping and delivery costs may vary without prior notice. Therefore, check the final sale price before submitting the relative Order.
All products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, are to be considered not inclusive of any costs associated with customs duties and related taxes, which cannot be calculated in advance, if the shipment takes place in countries extra - EU, that is, in countries where current legislation provides for import charges. In this case, the existence of any additional costs indicated above will be clearly mentioned during the insertion and revision of the Order.
- SALE PRICES
- TERMS OF PAYMENT
To pay the price of the products and the related shipping and delivery costs, you can follow one of the methods indicated in the order form of the website www.pinottifortedeimarmi.com which are summarized below
- Credit cards, prepaid cards and PayPal.
For online orders on our site we accept both credit card and credit card payments and prepaid cards (for example, PostePay) without any additional charge on the cost of the product and shipping. It is understood that you must be the holder of a valid credit card when ordering the Products purchased online and that the name on the credit card must be the same as indicated on the billing information. In the absence of these conditions, it will not be possible to proceed with the order.
- At the time of online purchase, together with the Order Confirmation, the reference bank will only make the commitment of the amount relating to the Order from the present availability of your credit card. The amount will actually be charged to your credit card only when the purchased products are shipped.
- If, once you have received the package with your order, for any reason you intend to make use of the right of withdrawal, following the payment of the Products purchased online, the Seller will instruct the bank to credit the amount to be refunded directly on the your credit card.
- If you have a Paypal account, the Pinotti Sauro company gives you the possibility to make payments directly using the e-mail address and relative password with which you registered on paypal.com.
- At no time during the purchase procedure is Pinotti Sauro able to know the information relating to your credit card (for example, the credit card number or its expiry date), transmitted via a connection protected by an encrypted protocol directly to the site. of the person who manages the electronic payment (bank or PayPal). No electronic archive of the seller will keep such data.In no case can the Seller therefore be held responsible for any fraudulent and improper use of credit and prepaid cards by third parties.
Each shipment contains:
- SHIPPING AND DELIVERY OF PRODUCTS
– the products / products ordered;
– the transport document / accompanying invoice;
– any accompanying documentation required based on the country of dispatch;
– any information and marketing material;
- The delivery of the Products purchased through the Seller's website can take place in different ways.
- Customer home delivery
- The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order with insured shipping. See the Shipping section for additional information on costs, times and methods of shipping and countries served.
- Upon receipt of the goods at your home, we ask you to check the integrity of the packages at the time of delivery by the courier. In case of anomalies you will have to have the courier detect and note exactly the same and reject the delivery. Otherwise the possibility to assert your rights in this regard will expire.
- >Delivery to a partner shop and collection by the customer.
- Only if this option is specifically provided for, the Products purchased may be delivered by the Seller to a partner store that you can select at the time of the Order. See the Shipping section for additional information on costs, times and methods of shipping and countries served.
Only if the Customer who enters into the contract is a Consumer (by this definition meaning any natural person who acts on the site for purposes unrelated to any business or professional activity carried out), will he have the right to withdraw from the contract concluded with the Seller, without penalty and without specifying the reason, communicating it to the Seller within fourteen (14) days, starting from the day on which the Customer or a third party, designated by the Customer and other than the carrier, acquires physical possession of the goods. The deadline is considered respected if the Customer sends back the goods before the expiry of the 14-day period. We remind you that, as required by current legislation, the right of withdrawal is excluded and therefore cannot be exercised if the products you purchased have been customized upon your explicit request at the time of placing the Order.
To exercise the right of withdrawal you have the following options:
- RIGHT OF WITHDRAWAL
When completing the Online Return Form, you will receive all the information necessary for returning the Products.
The right of withdrawal is subject to the following conditions:
- If you are a registered user, you must access the MY Account section of the site after having authenticated with your username and password. Here in the My Orders section you will find the list of your orders with a link next to each one to activate the return procedure. By accessing the Online Return Form within 14 (fourteen) days from the day of receipt of the products, you can communicate your desire to withdraw from the contract, indicating which Products will be returned.
- If you placed your order without being registered on the pinottifortedeimarmi.com website, access the "Order status" section where you will need to enter the order number you received in the confirmation email and the billing last name. At this point you can make a return.
- As an alternative to the above, you can also submit any other explicit declaration of your will to exercise the right of withdrawal, including by completing the Withdrawal Form pursuant to Annex I, Part B of Legislative Decree 21/2014 which you will have to send us by registered mail with return receipt.
– returned products must be returned in their entirety and not on parts or components of them even in the case of kits;
– the returned products must not have been used, worn, washed, soiled or damaged and must not show obvious signs of use;
– the returned products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same Order returned and shipped at different times;
–the returned Products must be delivered to the courier within fourteen (14) days from the date you received the products.
In the event that the Seller, in the face of the purchase of a specific package of products, offers the possibility of purchasing them at a lower price than what would normally be practiced by purchasing them individually (e.g. 5 × 4, 3 × 2 etc.) , the right of withdrawal may also be exercised with the return of only some of the products purchased: in this case the price will be recalculated taking as a reference the price normally charged for the purchase of the single product. In all other cases (eg bundled sales, prize operations, etc.), the right of withdrawal can only be exercised with the return of all the Products purchased, thus excluding any partial exclusion.
- If the right of withdrawal is exercised by you in accordance with the previous conditions (paragraph 8.4), the Seller is required to reimburse the sums paid by you no later than 14 days from the day on which the Seller has already received the return of the goods. The Seller will use the same payment method used by you for the initial transaction for the re-credit, unless you explicitly ask the Seller to use a different method and the latter agrees to it. By way of example and not limited to, the refund methods that can be used are the following: re-credit to your credit card or Paypal account, transfer to your current account, etc.
- In case of withdrawal, the costs at your expense will remain the initial shipping costs of the order of the products purchased and those of delivery of the goods returned following the exercise of the right of withdrawal.
- The Pinotti Saurocompany undertakes to bear the initial shipping costs of the Products only in case of damage to the same due to transport or errors in shipment by the Seller. Only in these cases, the Seller will also refund you the amount you paid as shipping costs. The seller will send an express courier to collect the Product at the address indicated by you.
- For the return you will have to use only the courier indicated by the seller in the Online Return form. Subsequently, the Seller, except for the provisions of point 8.7 above and for the cases of product defect return, will deduct from the refund due to you a lump sum corresponding to the cost previously incurred by you for shipping and delivery to your home. of the products purchased, or at the shipping costs normally foreseen for the delivery country. Furthermore, from the moment the purchased products are returned to the shipper indicated by the Seller in the online return form, the Seller exonerates you from any liability in case of loss or damage to the products during transport.
- In the event that the option of delivering the products to one of the affiliated points of sale has been made available at the time of completing the online return form, you can return the products directly to an agreed sales point of the seller. In this case, the costs incurred for the purchase will be refunded in full. From the moment the products are returned to the point of sale, the Seller releases you from any liability in case of any loss or damage of the same during transport.
- In the event of exercising the right of withdrawal without complying with the methods indicated above (eg. More than 14 days provided for by law, or without having completed the online Return Form, or without complying with the conditions set out in point 8.4 above), do not you will be entitled to a refund of the sums already paid to the seller. Within 10 days of sending the e-mail with which you will be notified of the non-acceptance of the return, by replying to the e-mail itself you can choose to get back, at your own expense, the products in the state in which they were returned to the Seller. Otherwise, the Seller may keep the products, in addition to the sums already paid for their purchase.
- The right of withdrawal cannot be applied in the case of customized products upon your explicit request at the time of placing the order.
- LEGAL WARRANTY OF NON-CONFORMING PRODUCTS
At the time of delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not have any lack of conformity. The legal guarantees provided for by current legislation are applicable to the sale of the products (articles 129 and following of the Consumer Code relating to the legal guarantee of conformity of the goods). All products sold by the seller are covered by the legal guarantee for defects of conformity of two (2) years from the moment of delivery of the goods. This means that the seller is liable when the lack of conformity occurs within this period. The lack of conformity of the product must be communicated to the seller within two (2) months of its discovery (unless this is in contrast with the prevailing mandatory rules of the country of habitual residence of the Customer), by contacting the Customer Service or the addresses indicated in the following article 10 and filling out the online Return Form present in the Order Status. If the Customer does not communicate the defect within this period, he loses the rights indicated below.
In case of lack of conformity, the Customer has the right to request the repair or replacement of the product, without charge. In the event that the aforementioned remedies are not possible or are excessively burdensome, the Customer will be entitled to a reduction in the price paid or to the termination of the sales contract and the consequent refund of the price paid, pursuant to art. 130 of the Consumer Code.
All return costs for products showing lack of conformity will be borne by the Seller.
For any request for information, the Pinotti Sauro e-commerce team is at your disposal and can be contacted at the following e-mail email@example.com or at the following address:
– Pinotti Sauro eCommerce Office;
– Via Martiri della Libertà, 13 – 54012 Barbarasco (MS) Italia.
- COMMUNICATIONS TO THE CUSTOMER
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certifications, information, reports and in any case any documentation on the operations performed, referring to the purchase of the products, will be sent to the e-mail address indicated at at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits provided by the Site.
- APPLICABLE LAW, SETTLEMENT OF ACCOUNTS AND JURISDICTION
- These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law (without prejudice to any other prevailing imperative rule of the country of habitual residence of the Customer) and any disputes relating to and / or consequent to them must be resolved in exclusively by the Italian judicial authority, as better specified below. In particular, if the Customer qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law or at the choice of the consumer in the event of action taken by the consumer himself, by the Court of Massa. If the Customer acts instead in the exercise of his business, commercial, craft or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Massa.
- Online platform for alternative dispute resolution (ODR).
Given that Pinotti Sauro is always available to seek an amicable solution to disputes that have arisen, through the direct contacts indicated in point 10, Customers are informed that, according to Article 14 of EU Regulation no. 524/2013 and the resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016, an online platform for the resolution of ODR disputes ("online dispute resolution") deriving from the purchase of goods online has been established by the European Commission, accessible at the following link: https: // webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Through the ODR platform, the Customer can consult the list of ODR bodies, find the link of each of them and start a online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show.
- MODIFICATION AND UPDATE
The Seller may make changes or amendments to these General Conditions of Sale at any time, therefore, it will be required to accept only the General Conditions of Sale in force at the time of the relative purchase. The new General Conditions of Sale will be effective from the date of publication on the website www.pinottifortedeimarmi.com and in relation to purchase orders submitted after that date.
- ETHICAL CODE
The Pinotti Sauro company, of which the seller is a part, has set out its principles in the Code of Ethics and Behavior, which represents the main guideline for all the companies of the Group, which constitutes assumption of guarantee and responsibility towards consumers and of the market and which contains the principles to be followed in the management of the company, as well as the rules of conduct binding for the bodies of the Group companies, for the managers, employees / collaborators and for all those who act in any capacity on behalf or in the interest of the Group companies. The Code of Ethics and Conduct can be consulted by clicking on the Lnk indicated above.