General conditions of Sale
General conditions of sale and use of the Site
Preamble
The general conditions of sale and use of this site (hereinafter "General Conditions") refer to all sales (hereinafter "Services" or individually "Service") provided by PELLEGRINI S.p.a., through the domain www.pellegriniprivatestock.com (hereinafter the "Site").
class="p3"> The use of the Services is permitted only to a user who has:a) have read the Information on the processing of personal data;
b) accepted the General Conditions.
Pursuant to and by effect of Legislative Decree no. 70/2003 and in compliance with Legislative Decree no. 206/2005 (Italian Consumer Code), PELLEGRINI S.p.a. communicates the following information to users.
The provider of the Services covered by the General Conditions is:
PELLEGRINI S.p.a., with registered office in Via Mazzini, 43, 24034 Cisano Bergamasco (BG); registered with the Chamber of Commerce of Bergamo, REA n. 74820, tax code and VAT number 00224980169, e-mail: info@pellegrinispa.net
In this document PELLEGRINI S.p.a. will be indicated with the name “PELLEGRINI”.
The General Conditions will also be applicable to any new types of Services, which will be provided in the future by PELLEGRINI, unless otherwise provided for at the time of registration or the first supply of the new Service.
The user is invited to print a copy of the General Conditions and\or to store them on a durable medium.
- General information and scope
1.1 These General Conditions apply to all sales made by PELLEGRINI on the Site.
1.2 The offer and sale on the Site constitute a distance contract which, if the conditions are met, is governed by articles 50 et seq. of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003 n. 70, containing the regulation of electronic commerce.
1.3 The purchase of the products offered by PELLEGRINI on the Site is permitted only to adults, both as consumers pursuant to the Consumer Code (i.e. natural persons who, in relation to the purchase of the Products, act for unrelated purposes entrepreneurial, commercial, artisanal or professional activity), whether not.
1.4 If the user acquired on the Site as a professional, the provisions of articles 7 and 9 will not apply. The guarantee applied to the products purchased on the Site will be that referred to in the provisions of the Civil Code.
1.5 The General Conditions can be modified at any time. Any changes and\or new conditions will be effective from the moment of their publication in the "General conditions of sale" section of the Site. To this end, we invite users to read the current version of the General Conditions at the time of each purchase.
1.6 The applicable General Conditions are those in force on the date the purchase order is sent, and any changes that occur after the order has been sent will have no effect on the sales contract to which this order refers .
1. These General Conditions do not regulate the sale of products and/or the provision of services by subjects other than PELLEGRINI who are present on the Site through links, banners or other hypertext links. PELLEGRINI is not responsible in any way for the provision of services and/or for the sale of products by these subjects. On the websites that can be consulted via these links, PELLEGRINI does not carry out any checks and/or monitoring. PELLEGRINI is therefore not responsible for the contents of these sites or for any errors and\or omissions and\or violations of the law by them.
2 Registration
2.1 To make purchases on the Site it is necessary to read the privacy policy of the Site and approve the General Conditions of Sale. Failure to accept the General Conditions will make it impossible to register and in any case make purchases on the Site.2.2 Registration on the Site is free. To register, the user must complete the registration form, entering his name, surname, an e-mail address and a password (hereinafter the "Registration Credentials"). Registration is confirmed by email sent to the address provided by the user.
2.3 The Registration Credentials must be used exclusively by the user and cannot be transferred to third parties. The user must notify PELLEGRINI without delay in case of suspected misuse of the same.
2.4 The user guarantees that the Registration Credentials provided during the registration procedure on the Site are complete, correct and truthful. All operations performed using the Registration Credentials are considered performed by the user to whom they refer.
2.5 The Services are provided in Italian in Italy
2.6 It is possible to make a single registration per user. Multiple registrations will be canceled by PELLEGRINI.
2.7 In the "Account" personal area of the Site, the user can view the completed orders as well as manage and save personal data.
2.8 PELLEGRINI reserves the right to refuse the user's registration if it deems valid reasons. PELLEGRINI also reserves the right not to accept orders, from anyone, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made on the Site.
2.9 The user may at any time cancel his registration on the website by sending an email to the following address shop@pellegriniprivatestock.com
3. Pre-contractual information
3.1. In compliance with the Legislative Decree n. 70/2003 and the Consumer Code, PELLEGRINI informs the user of the methods for proceeding with the purchase of products on the Site: pellegriniprivatestock.com- before proceeding with the transmission of the order form, the user must view the information concerning the identity of PELLEGRINI, the characteristics of the product he intends to purchase, its price, including taxes, shipping costs, the right of withdrawal , the languages available to conclude the contract other than Italian;
- the user will be able to identify and correct any data entry errors by following the instructions indicated from time to time on the Site and which will accompany the various phases of the purchase;
- before submitting the order form, the user must declare that he has accepted the general conditions of sale and that he has read the privacy information and authorizes PELLEGRINI to process the personal data communicated in relation to the purchase for purposes connected to the provision of the Service;
- once the order form has been registered, PELLEGRINI will send the user, to the e-mail address indicated, an order confirmation e-mail containing information relating to the characteristics of the product purchased, a detailed indication of the price, the means of payment used and the shipping costs;
- the contract is concluded when the user receives the order confirmation email from PELLEGRINI. It is recommended to keep the e-mail received as proof of purchase or to store it on a durable medium together with the General Conditions.
4. Terms and conditions of purchase.
4.1 All prices indicated on the Site are expressed in Euros (€) and are inclusive of VAT. The cost of shipping and delivery is explicitly indicated and is inclusive of VAT. This amount will be highlighted separately in the checkout phase prior to sending and in the order confirmation e-mail.
4.2 The user will be charged for the price of the product indicated on the Site at the time the order was sent by him.
4.3 The products will remain the property of PELLEGRINI until the purchase price and expenses have been paid by the user.
4.4 PELLEGRINI reserves the right not to confirm orders from users with whom disputes are pending or in the case provided for by art. 8.3., as well as, more generally, the right not to accept orders for any reason.
4.5 PELLEGRINI informs the user that all the colors of the products displayed on the Site are purely indicative. The real color and more generally the appearance of the product may not perfectly correspond to that visible on the Site. Any deviations from what is displayed on the Site could depend on the screen resolution and/or video card of the user's terminal. In any case, the user's right of withdrawal remains unaffected, with the exception of the case in which the purchase concerns tailor-made, personalized or perishable products, as established in point 7.4.
5. Availability
5.1 The products offered on the Site are limited in number. It may therefore happen that the ordered product is no longer available after sending the purchase order. In case of unavailability of the ordered product, the user will be informed via e-mail and the purchase order will not be confirmed. In the event of unavailability of the product after payment has already been made, PELLEGRINI will refund the amount paid by the user, including contributions to the costs of order fulfillment and shipping costs, immediately and, in any case, by term of 14 starting from the day following receipt of payment. The refund amount will be communicated by e-mail, and credited to the same means of payment used for the purchase or as otherwise agreed with the user. If the recipient indicated in the order is not the purchaser of the product, the amount will be credited to the original purchaser, i.e. to the holder of the means of payment used. Refunds are made in the same currency of purchase.
6. Delivery
6.1 Deliveries are made only in Italy, to the postal address indicated by the user in the order form. You are responsible for receiving delivery to the address you provide during normal business hours.
6.2 Delivery times are those specified in the purchase order confirmation. In the event of omitted indication of a specific delivery term, it will take place within thirty days starting from the one following the sending of the order.
6.3 Upon delivery of the products to the carrier, a shipment confirmation e-mail will be sent to the user. Deliveries will be made from Monday to Friday, during normal office hours, excluding holidays.
In the event of impediments to delivery due to force majeure, PELLEGRINI will contact the user to inform him of the delay in delivery times .
6.5 Delivery is considered completed when the product is made available to the user at the address specified in the order form.
6.6 In the event of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard to certify the delivery attempt and which contains instructions for collecting the package or for redelivery. In case of failed collection and if the subsequent delivery attempts requested are unsuccessful, the purchased product will be sent back to PELLEGRINI. After 30 days from the date on which the product was sent back to PELLEGRINI, the contract will be considered terminated and the purchase order canceled pursuant to art. 1456 of the civil code PELLEGRINI will refund the amount paid, reserving the right to request the costs of returning the product and the costs of custody. The termination of the contract and the refund amount will be communicated to the user via e-mail. The refund amount will be credited to the payment method used by the user for the purchase. In the event that, before the 30 days have elapsed, the user requests to receive the purchased product again, PELLEGRINI will proceed with the new delivery after charging the shipping costs of the same, reserving the right to request the costs of returning the product and the costs of custody.
6.7 In the event that the package shows obvious signs of tampering or alteration, the user must mark this at the time of delivery in the appropriate document provided by the courier and return it to the latter.
7. Right of Withdrawal
7.1 The user who has purchased through the Site products that are not perishable, made to measure or personalized and except as specified in point 7.4, has the right to withdraw from the contract concluded with PELLEGRINI, without any penalty and without specifying the reason, within 14 days from the day on which the user or a third party designated by him and other than the carrier acquires physical possession of the products. In the event of the purchase of multiple products through a single order and delivered separately, the 14-day term starts from the date on which the user, or a third party designated by them and other than the carrier, acquires physical possession of the last product.< br>
To exercise the right of withdrawal, the user must notify PELLEGRINI of his decision to withdraw from the contract by sending an email to the following address shop@pellegriniprivatestock.com or alternatively a registered letter with return receipt to the following address [Pellegrini Spa, Via Mazzini, 43, 24034 Cisano Bergamasco (BG), 035.781010, att.ne eCommerce Manager
Following the sending of the notice of withdrawal to PELLEGRINI, the user will receive via e-mail confirmation of receipt of the notice of withdrawal. The user will then have to send the product to PELLEGRINI.
Pellegrini Spa, Via Mazzini, 43, 24034 Cisano Bergamasco (BG), Tel. 035.781010, attn eCommerce Manager
The user must include a copy of the order confirmation and a copy of the paper purchase receipt included with the shipment in the return package.
The direct costs for returning the product, following the exercise of the right of withdrawal, are charged to the user.
7.2 In accordance with art. 56 of the Consumer Code, in the event of withdrawal, all payments made will be refunded, including shipping costs, with the exception of additional costs deriving from the choice of a type of delivery other than the standard one, without undue delay and no later than 14 days from day on which PELLEGRINI is informed of the decision to withdraw from the contract.PELLEGRINI will make the refund with the same means of payment used by the user for the purchase, unless the user has expressly agreed otherwise. Refunds will be made in the same currency of purchase.
In any case, the user will not have to bear any costs as a result of this reimbursement, with the exception of direct costs for returning the product.
The refund may be suspended until receipt of the products or until the user demonstrates that he has returned the products, whichever is earlier.
PELLEGRINI declines all responsibility for any delays in crediting, which depend on the bank or on the type of credit card used for payment.
7.3 Pursuant to art. 57 of the Consumer Code, in the event of withdrawal, the user will return the products to PELLEGRINI within 14 days from the date on which he communicated to the latter the decision to withdraw from the contract. The deadline is respected if the user sends the products before the expiry of the aforementioned 14 days.In order to guarantee the integrity of the returned products packaged in glass bottles, the same must be returned in the same packaging in which the Products were shipped, or in other approved packaging as suitable to the shipment of fragile products.
In the event that a packaging approved as suitable for the shipment of fragile products is not used, in the event of breakage/damage to the returned products, no amount will be refunded for the returned product/s damaged.
You are responsible for any diminished value of the products resulting from handling of the products other than what is necessary to establish the nature, characteristics and functioning of the products. The user may therefore be called to answer for the decrease in value of the returned product in the event that he has made use of it that goes beyond the inspection of its qualities and the test carried out on it to accept its functioning. PELLEGRINI reserves the right to ask the user to refund any decrease in value noted.
7.4 Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the event that the sale relates to perishable, tailor-made or personalized products.In particular, the right of withdrawal is excluded if the product purchased through the Site by its nature cannot be returned or is likely to deteriorate or expire rapidly, or if it is a sealed product that does not lend itself to be returned for hygienic or health protection reasons and has been opened after delivery.
Consequently, in such cases, the provisions of articles 7.1, 7.2, 7.3 will not apply.
7.5 In order to exercise the right of withdrawal, the goods to be returned are not required to be insured against theft and accidental transport damage. However, since the risk inherent in the return of the goods rests with the buyer, PELLEGRINI invites the user who intends to exercise the right of withdrawal to insure, at his own expense, the shipment for the value indicated in the order confirmation e-mail of purchase.
8. Payment
8.1 To pay the price of the products and the relative shipping costs, the user can choose one of the methods indicated in the order form.
In no case will higher costs than those actually incurred by PELLEGRINI be charged, in relation to the chosen payment instrument.
The payment of the purchased products PELLEGRINI offers the possibility to pay the price through the following means:- Credit cards of the VISA, MASTERCARD, MAESTRO and American Express circuits, whose payments will be processed through a secure connection.
- PayPal.
- Google Pay
- Apple Pay
- Shop Pay
8.2 At the time the order is sent, no charge will be made on the credit card used by the user for payment. The charge will be made only after (i) the details of the credit card used by the user for payment have been verified and (ii) the company issuing the credit card used by the user has released the debit authorization .
If an invoice is deemed necessary, the user is required to notify it by writing to shop@pellegriniprivatestock.com or through the appropriate form in the cart.
8.3 In the event of non-payment, PELLEGRINI will charge the costs relating to the management of the outstanding balance to the user and will refuse the relative purchase order, notifying it by e-mail.
9. Warranties and non-compliance of products
9.1 The products offered on the Site comply with the national and community legislation in force in Italy.
9.2 All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Guarantee is reserved for consumers. In the event of a lack of conformity of the products purchased with respect to the description published on the Site, the user has the right to have the product repaired or replaced without any additional expense, where this is possible in relation to the number of specimens still available for sale and that the replacement or repair are not excessively burdensome for PELLEGRINI in consideration of the value that the product would have, if there were no lack of conformity, and the entity of this defect. Alternatively, the user has the right to terminate the contract or reduce the price, in accordance with the following provisions. However, users are invited to contact PELLEGRINI Customer Service at the following e-mail address: shop@pellegriniprivatestock.com , or at the following telephone number 035.781010, to agree on the preferable solution.
9.3 PELLEGRINI is liable to the user for any lack of conformity existing at the time of delivery of the product and which occurs within two years of such delivery. The lack of conformity must be reported to PELLEGRINI, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.
9.4 Unless proven otherwise, it is assumed that the lack of conformity which occurs within six months of delivery of the product already existed at that time, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect of compliance. In order to take advantage of the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the product.
9.5 In the event that the product is returned due to the "corked" taste, the product must be returned with at least 3/4 of the original content and closed in such a way as to avoid leakage: i) with the original cap suitably trimmed, or ii) with a different cap, but necessarily including the original cap.
9.6 In the event of termination of the contract, PELLEGRINI will return the price paid by the user, plus shipping costs and any additional costs.< br>In any case, the refund amount will be communicated to the user by e-mail and credited to the means of payment used by the user for the purchase.
The user must agree with PELLEGRINI the methods of shipment of goods.
9.7 Products repaired, modified or in any way altered by the user are excluded from the Legal Guarantee. Also excluded from the scope of the Legal Guarantee are any failures or malfunctions that are the responsibility of the user or from use of the product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the product, if any, or in the instructions for use relating to the same.
10.1 PELLEGRINI undertakes to correct any errors present in the description of the products offered on the Site, in the shortest possible time, starting from the notification of the same. The reporting of such errors can be made by contacting PELLEGRINI at the addresses and numbers indicated in the introduction.
10.2 PELLEGRINI is not responsible in the event of damages of any nature whatsoever, deriving from the use of the products in an improper and/or non-compliant way, as well as in the event of damages deriving from unforeseeable circumstances or force majeure.
11 Suspension of the Service
11.1 PELLEGRINI reserves the right to temporarily suspend the provision of the Services for the time strictly necessary for the necessary and/or appropriate technical interventions to improve the quality of the Services themselves.
11.2 PELLEGRINI may, at any time, interrupt the provision of the Service if there are justified security reasons or breaches of confidentiality, in which case notifying the user.
12. Contents of the Site and intellectual property rights.
12.1 The contents of PELLEGRINI, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, schemes, tools, fonts and site design web, the diagrams, the layout, the methods, the processes, the functions and the software are protected by copyright and by any other intellectual property right of PELLEGRINI and of the other rights holders. The reproduction, modification, duplication, copying, distribution, sale or in any case the exploitation of the images, the contents of the Site is prohibited unless previously authorized in writing by PELLEGRINI. Any use of the contents of the Site for commercial and/or advertising purposes is also prohibited.
12.2 In no case may the user alter, change, modify or adapt the Site, nor the material made available by PELLEGRINI.
13. Final provisions, applicable law and competent court.
13.1 The General Conditions are governed by the law of the user's place of residence.
13.2 For any dispute concerning the General Conditions, the court of the user's place of residence will be competent.
13.3 Pursuant to art. 14 of Regulation 524/2013/EC, the user is informed that, in the event of a dispute with PELLEGRINI, he may file a complaint via the ADR or ODR platform of the European Union (Alternative Dispute Resolution or Online Dispute Resolution) which can be reached at the following link http://ec.europa.eu/consumers/odr/. The platform in question constitutes an access point for users who wish to resolve disputes arising from online sales or service contracts out of court. To this end, PELLEGRINI's e-mail address is as follows shop@pellegriniprivatestock.com . Without prejudice to the user's right to contact the competent judge whatever the outcome of the out-of-court settlement procedure.
13.4 The above does not apply in the case of purchases made by professionals. In this case, the special consumer protection rules would not apply, the General Conditions would be governed by Italian law and, in the event of a dispute, the exclusively competent Court would be that of Milan.