GENERAL CONDITIONS OF SALE
FOREWORD
The company PIERLEONJ SRL (hereinafter PIERLEONJ), owner of the website and e-commerce platform www.piersicilia.com, is registered in the Catania Trade Register under number 05541030879.
Mailing address viale Ulisse,22 95100 Catania and e-mail address contact@piersicilia.com.
All orders for products within the www.piersicilia.com Platform assume consultation and acceptance of these general terms and conditions.
The “CLICK” of order confirmation implies full knowledge and acceptance of these and has the value of an electronic signature.
DEFINITIONS
- Customer: means, indifferently, the Consumer/Professional who intends to purchase Products through the Portal;
- Consumer Code: means Legislative Decree no. 206/2005 as amended.
- Consumer: shall mean the purchaser of the Products, meaning the natural person who makes the purchase for purposes not related to any commercial or professional activity carried out, pursuant to the Consumer Code;
- Intellectual Property Rights: shall mean any intellectual and industrial property right, copyright, of whatever nature, whether registered or unregistered, in any jurisdiction throughout the world, including rights in patents, the Site, the Products (if applicable), designs, utility models, copyright, trade secrets know-how, trademarks and distinctive signs, industrial designs, rights to inventions (whether patentable or not), processes, methods, technical information, designs or any applications or rights to register any of the foregoing that Seller has in any capacity and/or present and/or relating to the Site, the Products and the Platform.
- Purchase Order: shall mean the Customer’s manifestation of their intention to proceed with the purchase of certain Products, through the Platform and shall necessarily indicate: the Customer’s identification data, the Product(s) to be purchased, the exact place of delivery of the Product(s);
- Professional: means the natural or legal person who makes the purchase for purposes related to his or her business or professional activity, if any;
- Product(s): means the products offered for sale through the Platform, indicated on the Site and described in the relevant information fact sheets or communications sent by the Seller.
Article. 1 – Subject
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by PIERLEONJ to the customer.
Article 2- Availability
Our products are offered as they appear on the Platform www.piersicilia.com and within the limit of available stock. At any time (even after sending the order confirmation ex art. 4), if the product is no longer in stock, we will notify you by e-mail and your order will be automatically cancelled and no bank charge will be made.
PIERLEONJ reserves the right to refuse orders for more than 10 items of the same model (even if in different sizes).
Article 3 – Orders
You can place an order at www.piersicilia.com, following all the steps indicated.
All orders placed on www.piersicilia.com assume adherence to these Terms and Conditions.
Article 4 – Order Confirmation
Upon receipt of your order, PIERLEONJ will send you an order confirmation via e-mail to the address provided by the customer in the order.
This confirmation will contain a summary of the order itself, the timing of delivery of the product, and these Terms and Conditions.
All order confirmations assume the customer’s full adherence to these General Terms and Conditions, without exception or reservation.
The whole data provided by the consumer and the order confirmation will be worth proof of the sale. The client declares that he/she has full knowledge of this.
PIERLEONJ reserves the right not to confirm an order and, therefore, not to collect the resulting payment, for any reason whatsoever, particularly in case of non-availability in stock and/or in case of difficulties related to the order received.
Article 5 – Archives and evidence
PIERLEONJ will file orders and invoices on a reliable and durable bearer, constituting a true copy of the orders.
PIERLEONJ’s computer records will be considered by the parties as evidence of communications, orders, payments, and transfers that occurred between the parties.
Article 6 – Price
Prices of our products are given in Euros, including taxes, but excluding shipping costs.
All orders, whatever their origin, are payable only in euros.
In the case of an order with delivery to a country other than Italy, the customer is considered the importer of the related products, so payment of customs duties or other local taxes or import duties or the like may be required if applicable. PIERLEONJ is not responsible for the payment of such fees and sums.
PIERLEONJ reserves the right to change its prices at any time, but the product will always be billed based on the rate in effect at the time of order confirmation, subject to stock availability.
Products remain the property of PIERLEONJ until the price is paid in full.
Article 7 – Payment
PIERLEONJ’s confirmation of your order will result in your obligation to pay the stated price.
Payment for the order will be made by credit card or through the Paypal system.
The customer’s bank account or credit card will be charged when the order confirmation is sent.
Article 8 – Delivery
The products will be delivered to the address indicated during the order process, according to the timeline indicated in the order confirmation.
If there is a delay in delivery, you will receive an email to inform you of the delay.
In accordance with the legal provisions, in the event of a delay in delivery, you may decide to cancel the order, in accordance with the terms and conditions of the Consumer Code. If you have received the product in the meantime, you can send it back to us at our expense, and we will process the refund, according to the terms.
In case of delivery through a carrier, PIERLEONJ will not be held responsible for the delay due solely to a lack of availability of the customer who refuses the proposed appointments, nor in case of force majeure or strike of the carrier.
Article 9 – Shipping Costs
Transportation for standard delivery in Italy is free for all orders and in Europe for orders over €250. For deliveries to other countries, please refer to the SHIPPING & RETURNS page.
Article 10 – Right of withdrawal
In accordance with the provisions of Article 52 of the Consumer Code, within 14 days of receiving the goods, you may exercise your right of withdrawal completely free of charge, without having to justify your reasons.
Products must be returned to PIERLEONJ in their original condition, complete and intact (including accessories, labels and packaging), in perfect resale condition. Any damage to the product will prevent the exercise of your right of withdrawal.
Products must be returned to PIERLEONJ at the address Corso Italia,135 Catania 95127.
You are responsible for the cost of returning the products.
If the right of withdrawal is exercised, PIERLEONJ will refund the amounts paid within 14 days of receipt of the returned product in the correct condition and by the same means of payment used at the time of your order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code, the right of withdrawal does not apply when it comes to, among other cases:
- Provision of goods packaged according to specific consumer specifications or customized (e.g., initial name or monogram indication) ;
- Supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene and sanitary protection.
Article 11 – Change of products
In the event that a product does not meet the customer’s needs, for once, it can be exchanged for another product if it is available in stock.
All product change requests should be submitted by e-mail to contact@piersicilia.com, within 7 days of the date of product delivery; PIERLEONJ will confirm the availability of the new requested product and the timing of delivery.
Products must be returned in the condition in which you received them, complete and intact (including accessories, labels and packaging), and in perfect resale condition.
Products must be returned to PIERLEONJ at the address Corso Italia,135 Catania 95127.
The cost of returning the product is the responsibility of the customer unless otherwise stated in the platform but the cost of sending the second product is the responsibility of PIERLEONJ.
The provisions of this article do not prevent the consumer from exercising the right of withdrawal under Art. 9 of these General Conditions.
Article 12 – Offer of promotional codes
Promotion codes cannot be used in conjunction with other offers or reductions, including sales or other promotions. The amount or percentage reduction will be deducted from the order total, excluding freight charges.
PIERLEONJ reserves the right, in its total discretion, to refuse the use of a particular promotional code by a particular customer. PIERLEONJ’s decision will be final and incontrovertible.
Article 13 – Warranty
All of our products benefit from the legal warranty of conformity and warranty for hidden defects.
In case of non-conformity or hidden defect of a sold product, it may be exchanged or refunded.
All complaints, requests for product exchange or refunds should be made by e-mail to contact@piersicilia.com within 14 days from the date of product delivery.
The product must be returned in the state in which you received it, complete with all its elements (including accessories, labels and packaging). The return of the product will be handled by PIERLEONJ at its own expense.
If you opt for :
– the exchange of the product with another product (of the same model and size), the transportation costs of the compliant product will be borne by PIERLEONJ.
– product refund, the cost of sending the defective product will be refunded to you based on the invoiced rate.
The provisions of this article do not prevent you from exercising the right of withdrawal under Art. 9 of these General Conditions.
Article 14 – Liability
The products offered for sale comply with current Italian legislation. PIERLEONJ is not responsible in case of non-compliance with the legislation of the country where the product is delivered. It is up to the consumer to check with local authorities whether the products ordered can be imported and/or used.
PIERLEONJ will not be liable in the event of damage resulting from improper use of the purchased product.
PIERLEONJ will not be responsible for all inconveniences or damages due to the use of the online platform, in particular, it will not be liable for service disruption, external intrusions, computer viruses.
Article 15 – Force Majeure
Neither party will be in default of contractual obligations if their performance has been delayed or prevented by fortuitous event or force majeure.
Force majeure is considered to be an unforeseeable, unavoidable fact or circumstance external to the parties, independent of their will and which cannot be prevented by the parties themselves, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other party within 10 days after it becomes aware of the fact, and the order will be cancelled accordingly.
Article 16 – Applicable law and competent court
Contracts entered into online through the Platform are governed by Italian law.
For all that is not expressly provided herein, the rules of law applicable to the relationships and cases provided for in the contract entered into online by the Consumer and/or Professional with the Seller shall apply.
According to Article 49 of the Consumer Code, the Consumer-Client can avail himself of the Joint Conciliation procedure, the procedure of which can be initiated if the consumer after submitting a complaint to the company, within 45 days, has not received a response or has received a response that is not satisfactory to him.
Pursuant to Art. 14 of Regulation 524/2013 you are informed that in case of a dispute you may file a complaint by means of the European Union ODR platform that can be reached at the following link http://ec.europa.eu/consumers/odr/.
The ODR platform provides an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.
The Court of the place of residence or domicile of the Consumer, if located in the Italian territory, shall have jurisdiction over any dispute between the parties in this regard.
Any dispute relating to the application, execution, interpretation and breach of the contract entered into online by the Professional with the Seller, is subject to Italian jurisdiction and the court of Catania has jurisdiction.
For the Professional Customer, other than the Consumer natural person, the general regulations on the sale of goods under the Civil Code apply.
In any case, the Client is invited to contact PIERLEONJ at the following addresses in order to resolve any problems that may be encountered amicably:
Corso Italia,135 95127 Catania
Tel:+39 095 87 45 573
email : info@piersicilia.com
Article 17 – Intellectual Property
All elements of the www.piersicilia.com platform are and remain the exclusive intellectual property of PIERLEONJ.
It is expressly forbidden to reproduce, exploit, disseminate and/or use, even partially, for any reason, the elements of the site, whether software, visual or sound.
Any simple or hypertext link to the site as above is expressly prohibited unless expressly authorized in writing by PIERLEONJ.
Article 18 – Personal data
PIERLEONJ reserves the right to collect the information and personal data of its customers; this data will be necessary for the processing of your order, as well as for sending the information we will address to you.
This data may also be transmitted to companies that cooperate with PIERLEONJ, such as companies in charge of the execution and/or management and/or processing of the order and/or payments and transportation of the products.
This information and data will also be retained for security purposes and to comply with legal obligations
In accordance with the law, you will have the right to access, correct, modify and object to information and personal data about you, directly on the website.
Pursuant to and for the purposes of articles1341 and 1342 of the Italian Civil Code, the User expressly and without reservation accepts the following clauses of the General Conditions: art. 4 Delivery Times and Methods; art. 7 Seller’s Liability; art. 8 Customer’s Obligations; art. 9 Right of Withdrawal; art. 11 Legal Warranty; art. 13 Site Use; art. 14 Applicable Law, ADR/ODR and Jurisdiction.
