General Terms of Sale
General Terms and Conditions of Sale and Use of the Site
Preamble
The general terms and conditions of sale and use of this site (hereinafter, the "General Terms and Conditions") apply to all sales (hereinafter, "Services" or individually, "Service") provided by PELLEGRINI S.p.a. through the domain www.pellegriniprivatestock.com (hereinafter, the “Site”).
Use of the Services is permitted exclusively to a user who has:
a) read the Privacy Notice regarding the processing of personal data;
b) accepted the General Terms and Conditions.
Pursuant to Legislative Decree No. 70/2003 and in accordance with Legislative Decree No. 206/2005 (the Italian Consumer Code), PELLEGRINI S.p.a. provides users with the following information.
The provider of the Services covered by the General Terms and Conditions is:
PELLEGRINI S.p.a., with registered office at Via Mazzini, 43, 24034 Cisano Bergamasco (BG); registered with the Bergamo Chamber of Commerce, REA No. 74820, Tax Code and VAT No. 00224980169, email: info@pellegrinispa.net
In this document, PELLEGRINI S.p.a. will be referred to as “PELLEGRINI PRIVATE STOCK”.
The General Terms and Conditions shall also apply to any new types of Services that PELLEGRINI PRIVATE STOCK may provide in the future, unless otherwise specified when registering for or first receiving the new Service.
The user is invited to print a copy of the General Terms and Conditions and\or save them on a durable medium.
- General information and scope
1.1 These General Terms and Conditions apply to all sales made by PELLEGRINI PRIVATE STOCK on the Site.
1.2 The offer and sale on the Site constitute a distance contract which, where applicable, is governed by Articles 50 et seq. of Legislative Decree No. 206 of September 6, 2005 ("Consumer Code") and Legislative Decree No. 70 of April 9, 2003, containing the rules on electronic commerce.
1.3 The purchase of products offered by PELLEGRINI PRIVATE STOCK on the Site is permitted only to adults, whether acting as consumers under the Consumer Code (that is, individuals who, in connection with the purchase of the Products, act for purposes unrelated to their business, commercial, craft or professional activity) or otherwise.
1.4 If users make purchases on the Site as professionals, the provisions of Articles 7 and 9 shall not apply. Products purchased on the Site will be covered by the warranty provided for under the provisions of the Italian Civil Code.
1.5 The General Terms and Conditions may be amended at any time. Any amendments and\or new conditions will take effect when published in the “General Terms and Conditions of Sale” section of the Website. Users are therefore invited to review the current version of the General Terms and Conditions each time they make a purchase.
1.6 The applicable General Terms and Conditions are those in force on the date the purchase order is submitted, and any changes made after the order is submitted shall not affect the sales contract to which that order relates.
1. These General Terms and Conditions do not govern the sale of products and/or the provision of services by parties other than PELLEGRINI PRIVATE STOCK that are present on the Website through links, banners, or other hyperlinks. PELLEGRINI PRIVATE STOCK is in no way responsible for the provision of services and/or the sale of products by such parties. PELLEGRINI PRIVATE STOCK does not control and\or monitor websites accessible through these links. PELLEGRINI PRIVATE STOCK is therefore not responsible for the content of such websites or for any errors and\or omissions and\or violations of law by them.
2 Registration
2.1 To make purchases on the Website, users must read the Website’s privacy policy and accept the General Terms and Conditions of Sale. Failure to accept the General Terms and Conditions makes it impossible to register and, in any case, to make purchases on the Website.
2.2 Registration on the Website is free of charge. To register, the user must complete the registration form by entering their first name, last name, email address, and a password (hereinafter, the “Registration Credentials”). Registration is confirmed by an email sent to the address provided by the user.
2.3 The Registration Credentials must be used exclusively by the user and may not be transferred to third parties. The L user must promptly notify PELLEGRINI PRIVATE STOCK in the event of suspected misuse of the credentials.
2.4 The L user guarantees that the Registration Credentials provided during the registration process on the Website are complete, correct, and truthful. All operations carried out using the Registration Credentials are considered to have been performed by the user to whom they refer.
2.5 The Services are provided in Italian in Italy
2.6 Each user may register only once. Multiple registrations will be deleted by PELLEGRINI PRIVATE STOCK.
2.7 In the “Account” personal area of the Website, users can view completed orders and manage and save their personal details.
2.8 PELLEGRINI PRIVATE STOCK reserves the right to refuse the user’s registration if it has valid grounds to do so. PELLEGRINI PRIVATE STOCK also reserves the right not to accept orders from anyone that appear unusual in terms of the quantity of products purchased or the frequency of purchases made on the Site.
2.9 L’the user may cancel their registration on the site at any time by sending an email to the following address shop@pellegriniprivatestock.com
3. Pre-contractual information
3.1. In accordance with Legislative Decree No. 70/2003 and the Consumer Code, PELLEGRINI PRIVATE STOCK informs the user of how to purchase products on the Site: pellegriniprivatestock.com
- before submitting the order form, the user must view the information concerning PELLEGRINI’s identity, the characteristics of the product they intend to purchase, its price, including taxes and shipping costs, the right of withdrawal, and the languages available for concluding the contract in addition to Italian;
- the user may identify and correct any data entry errors by following the instructions provided from time to time on the Site, which will accompany the various stages of the purchase;
- before submitting the order form, the user must declare that they have accepted the general terms and conditions of sale, have read the privacy notice, and authorize PELLEGRINI PRIVATE STOCK to process the personal data provided in connection with the purchase for purposes related to the provision of the Service;
- once the order form has been registered, PELLEGRINI PRIVATE STOCK will send the user, to the email address provided, an order confirmation email containing information about the characteristics of the product purchased, a detailed breakdown of the price, the payment method used, and the shipping costs;
- the contract is concluded when the user receives the order confirmation email from PELLEGRINI PRIVATE STOCK. Users are advised to keep the email received as proof of purchase or save it on a durable medium together with the General Terms and Conditions.
4. Terms and conditions of purchase.
4.1 All prices shown on the Site are in euros (€) and include VAT. The shipping and delivery costs are expressly indicated and include VAT. This amount will be shown separately during checkout before the order is submitted and in the order confirmation email.
4.2 The user will be charged the price of the product shown on the Site at the time they submitted the order.
4.3 The products will remain the property of PELLEGRINI PRIVATE STOCK until the user has paid the purchase price and expenses in full.
4.4 PELLEGRINI PRIVATE STOCK reserves the right not to confirm orders from users with whom disputes are pending or in the case provided for in Art. 8.3., as well as, more generally, the right to refuse orders for any reason.
4.5 PELLEGRINI PRIVATE STOCK informs the user that all colors of the products displayed on the Site are for illustrative purposes only. The actual color and, more generally, appearance of the product may not perfectly match what is shown on the Site. Any differences from what is displayed on the Site may depend on the screen resolution and/or graphics card of the user's device. The user's right of withdrawal remains unaffected, except where the purchase concerns custom-made, personalized, or perishable products, as provided in section 7.4.
5. Availability
5.1 The products offered on the Site are in limited supply. It may therefore happen that the product ordered is no longer available after the purchase order has been submitted. If the product ordered is unavailable, the user will be informed by email and the purchase order will not be confirmed. If the product becomes unavailable after payment has already been made, PELLEGRINI PRIVATE STOCK will refund the amount paid by the user, including contributions toward order fulfillment costs and shipping costs, immediately and, in any case, within 14 days from the day after receipt of payment. L’The refund amount will be communicated by email and credited to the same payment method used for the purchase or as otherwise agreed with the user. If the recipient named in the order is not the purchaser of the product, the amount will be credited to the original purchaser, that is, the holder of the payment method used. Refunds are made in the same currency as the purchase.
6. Delivery
6.1 Deliveries are made only within Italy, to the postal address provided by the user in the order form. L’utente is responsible for receiving the delivery at the address provided during normal business hours.
6.2 Delivery times are those specified in the purchase order confirmation. If no specific delivery time is stated, delivery will take place within thirty days from the day following submission of the order.
6.3 When the products are handed over to the carrier, the user will be sent a shipping confirmation email. Deliveries will be made Monday through Friday, during normal business hours, excluding holidays.
If delivery is prevented by force majeure, PELLEGRINI PRIVATE STOCK will contact the user to inform them of the delay.
6.5 Delivery is deemed complete when the product is made available to the user at the address specified in the order form.
6.6 If delivery cannot be completed because the recipient is absent from the specified address, the courier will leave a notice confirming the delivery attempt and providing instructions for collecting the parcel or arranging redelivery. If the parcel is not collected and any subsequent requested delivery attempts are unsuccessful, the purchased product will be returned to PELLEGRINI PRIVATE STOCK. After 30 days from the date the product was returned to PELLEGRINI PRIVATE STOCK, the contract will be deemed terminated and the purchase order canceled pursuant to Article 1456 of the Italian Civil Code. PELLEGRINI PRIVATE STOCK will refund the amount paid, reserving the right to claim the costs of returning the product and storage costs. Notice of termination of the contract and the refund amount will be sent to the user by email. LThe refund amount will be credited to the payment method used by the user for the purchase. If, before the 30-day period expires, the user requests to receive the purchased product again, PELLEGRINI PRIVATE STOCK will arrange redelivery after charging the shipping costs for redelivery, reserving the right to claim the costs of returning the product and storage costs.
6.7 If the packaging shows clear signs of tampering or alteration, the user must note this at the time of delivery in the appropriate document provided by the courier and return it to the courier.
7. Right of Withdrawal
7.1 L’The user who has purchased products through the Site that are not perishable, made to measure, or personalized, subject to the provisions of section 7.4, has the right to withdraw from the contract entered into with PELLEGRINI PRIVATE STOCK, without any penalty and without stating a reason, within 14 days from the day on which the user or a third party designated by the user, other than the carrier, takes physical possession of the products. In the case of the purchase of multiple products in a single order and delivered separately, the 14-day period begins on the date on which the user or a third party designated by the user, other than the carrier, takes physical possession of the last product.
To exercise the right of withdrawal, the user must notify PELLEGRINI PRIVATE STOCK of their 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, attn. eCommerce Manager
In accordance with Article 54-bis of the Consumer Code, an online function dedicated to exercising the right of withdrawal is also available for contracts concluded through the Site. L’the user can access the “Right of withdrawal” page available on the Site and fill out the dedicated online form, providing the information required to identify the order and the products for which they intend to exercise the right of withdrawal.
After sending PELLEGRINI PRIVATE STOCK the withdrawal notice, the user will receive an email confirming receipt of the withdrawal notice. L’the user must then ship the product to PELLEGRINI PRIVATE STOCK.
Pellegrini Spa, Via Mazzini, 43, 24034 Cisano Bergamasco (BG), Tel. 035.781010, attn. eCommerce Manager
L’the user must include a copy of the order confirmation and a copy of the paper purchase receipt enclosed with the shipment in the return package.
The direct costs of returning the product following the exercise of the right of withdrawal are borne by the user.
7.2 In accordance with Article 56 of the Consumer Code, in the event of withdrawal, all payments made, including shipping costs, will be refunded, except for any additional costs resulting from the user's choice of a delivery method other than the standard delivery method, without undue delay and no later than 14 days from the day on which PELLEGRINI PRIVATE STOCK is informed of the decision to withdraw from the contract.
PELLEGRINI PRIVATE STOCK will issue the refund using the same payment method the user used for the purchase, unless the user has expressly agreed otherwise. Refunds will be made in the same currency as the purchase.
In any event, the user shall not incur any costs as a result of this refund, except for the direct costs of returning the product.
The refund may be withheld until the products are received or until the user has provided proof of having returned the products, whichever occurs first.
PELLEGRINI PRIVATE STOCK accepts no responsibility for any delays in crediting, which depend on the bank or the type of credit card used for payment.
7.3 Pursuant to Article 57 of the Consumer Code, in the event of withdrawal, the user shall return the products to PELLEGRINI PRIVATE STOCK within 14 days of the date on which they notified the latter of their decision to withdraw from the contract. The deadline is met if the user ships the products before the end of the aforementioned 14-day period.
To ensure that products returned in glass bottles remain intact, they must be returned in the same packaging in which the Products were shipped, or in other packaging approved as suitable for shipping fragile products.
If packaging approved as suitable for shipping fragile products is not used, no refund will be issued for any returned product(s) that arrive damaged or broken.
L’The user is responsible for any decrease in the value of the products resulting from handling the products other than what is necessary to establish their nature, characteristics, and functioning. L’The user may therefore be held liable for any decrease in the value of the returned product if they have used it beyond inspecting its qualities and testing it to verify its functioning. PELLEGRINI PRIVATE STOCK reserves the right to request reimbursement from the user for any decrease in value identified.
7.4 Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded where the sale concerns perishable, made-to-measure or personalized products.
In particular, the right of withdrawal is excluded if, by their nature, the product purchased through the Site cannot be returned or is liable to deteriorate or expire rapidly, or if it is a sealed product that is unsuitable for return for reasons of hygiene or related to health protection and has been opened after delivery.
Consequently, in such cases, the provisions of Articles 7.1, 7.2 and 7.3 shall not apply.
7.5 The goods to be returned do not need to be insured against theft or accidental damage during transport in order to exercise the right of withdrawal. However, since the risk associated with returning the goods lies with the buyer, PELLEGRINI PRIVATE STOCK invites users wishing to exercise their right of withdrawal to insure the shipment, at their own expense, for the value indicated in the purchase order confirmation email.
8. Payment
8.1 To pay the price of the products and the related shipping costs, the user may choose one of the methods indicated in the order form.
Under no circumstances will charges exceed the costs actually incurred by PELLEGRINI PRIVATE STOCK in connection with the chosen payment method.
For payment for products purchased, PELLEGRINI PRIVATE STOCK offers the option to pay the price using the following methods:
- Credit cards from the VISA, MASTERCARD, MAESTRO and American Express networks, with payments processed through a secure connection.
- Paypal.
- Google Pay
- Apple Pay
- Shop Pay
8.2 No charge will be made to the credit card used by the user for payment when the order is submitted. L’s 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 that issued the credit card used by the user has authorized the charge.
If an invoice is required, the user must notify us by writing to shop@pellegriniprivatestock.com or using the appropriate form in the cart.
8.3 In the event of non-payment, PELLEGRINI PRIVATE STOCK will charge the user the costs associated with handling the unpaid amount and will reject the relevant purchase order, notifying the user by email.
9. Warranties and product non-conformity
9.1 The products offered on the Site comply with the national and EU 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 that the products purchased do not conform to the description published on the Site, the user is entitled to have the product repaired or replaced at no additional cost, where this is possible given the number of units still available for sale, unless replacement or repair would be excessively burdensome for PELLEGRINI PRIVATE STOCK, taking into account the value the product would have if it were not defective and the extent of the defect. Alternatively, the user is entitled to terminate the contract or obtain a price reduction, in accordance with the following provisions. Users are nevertheless invited to contact PELLEGRINI PRIVATE STOCK Customer Service at the following email address: shop@pellegriniprivatestock.com , or at the following telephone number 035.781010, to agree on the preferred solution.
9.3 PELLEGRINI PRIVATE STOCK is liable to the user for any lack of conformity existing at the time of delivery of the product and that becomes apparent within two years of such delivery. The lack of conformity must be reported to PELLEGRINI PRIVATE STOCK within two months of the date on which it was discovered, failing which the user will forfeit the guarantee.
9.4 Unless proven otherwise, any lack of conformity that becomes apparent within six months of delivery of the product is presumed to have existed at that time, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity. To benefit from the Legal Guarantee, the user must therefore provide proof of the date of purchase and delivery of the product.
9.5 If the product is returned due to a “corked” taste, it must be returned with at least 3/4 of its original contents and sealed in a way that prevents leakage: i) with the original cork, properly trimmed, or ii) with a different cork, but with the original cork necessarily included.
9.6 In the event of termination of the contract, PELLEGRINI PRIVATE STOCK shall refund the price paid by the user, as well as shipping costs and any additional costs.
In any case, the refund amount will be communicated to the user by email and credited to the payment method used by the user for the purchase.
L’user shall agree with PELLEGRINI PRIVATE STOCK on the methods for shipping the goods.
9.7 Products repaired, modified or altered in any way by the user are excluded from the Legal Guarantee. Any faults or malfunctions attributable to the user, or resulting from use of the product other than for its intended purpose and/or contrary to the technical documentation accompanying the product, where available, or to the relevant instructions for use, are also excluded from the scope of the Legal Guarantee.
10. Further obligations and liability of PELLEGRINI
10.1 PELLEGRINI PRIVATE STOCK undertakes to correct any errors in the description of the products offered on the Site as soon as possible after they are reported. Such errors may be reported by contacting PELLEGRINI PRIVATE STOCK at the addresses and telephone numbers indicated above.
10.2 PELLEGRINI PRIVATE STOCK is not liable for damages of any kind arising from improper and/or non-compliant use of the products, or for damages arising from fortuitous events or force majeure.
11 Suspension of the Service
11.1 PELLEGRINI PRIVATE STOCK reserves the right to temporarily suspend the provision of the Services for the time strictly necessary to carry out technical work necessary and/or appropriate to improve the quality of those Services.
11.2 PELLEGRINI PRIVATE STOCK may discontinue the provision of the Service at any time if there are valid security concerns or breaches of confidentiality, in which case it shall notify the user.
12. Site content and intellectual property rights.
12.1 The content of PELLEGRINI PRIVATE STOCK, including, by way of example, 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, layouts, tools, fonts and website design, diagrams, layout, methods, processes, functions and software, is protected by copyright and all other intellectual property rights of PELLEGRINI PRIVATE STOCK and other rights holders. Reproduction, modification, duplication, copying, distribution, sale or any other exploitation of images or content on the Site is prohibited unless previously authorized in writing by PELLEGRINI PRIVATE STOCK. Any use of the Site’s content for commercial and/or advertising purposes is also prohibited.
12.2 Under no circumstances may the user alter, change, modify or adapt the Site or any material made available by PELLEGRINI PRIVATE STOCK.
13. Final provisions, applicable law and competent court.
13.1 The General Terms and Conditions are governed by the law of the place where the user resides.
13.2 The court of the place where the user resides shall have jurisdiction over any dispute relating to the General Terms and Conditions.
13.3 Pursuant to Article 14 of Regulation 524/2013/EC, users are hereby informed that, in the event of a dispute with PELLEGRINI PRIVATE STOCK, they may submit a complaint through the European Union’s ADR or ODR platform (Alternative Dispute Resolution or Online Dispute Resolution), available at the following link: http://ec.europa.eu/consumers/odr/. This platform provides an access point for users wishing to resolve disputes arising from online sales or service contracts out of court. To this end, please note that the email address of PELLEGRINI PRIVATE STOCK is shop@pellegriniprivatestock.com . The user’s right to refer the matter to the competent court remains unaffected, whatever the outcome of the out-of-court dispute resolution procedure.
13.4 The above does not apply when purchases are made by professionals. In such cases, the special consumer protection rules would not apply, the General Terms and Conditions would be governed by Italian law, and the exclusively competent court in the event of a dispute would be the court of Milan.