TERMS AND CONDITIONS OF SALE
(These Terms and Conditions are laid out under the combined provisions of Legislative Decree no.50 of 15.1.1992 and Legislative Decree no.185 of 22.5.1999)
1. DEFINITIONS Customer means the natural person who purchases goods and services from the Supplier, Supplier means the legal person who sells goods and services through online sale, i.e. the contract concluded exclusively within the remote communication system commonly known as “Internet”.
2. CHARACTERISTICS OF GOODS OR SERVICES The essential characteristics of the products offered in this contract are described in detail and represented in the online catalogue. The images on the price list are to be considered purely indicative since the products are entirely handmade and come in natural materials, meaning that the colours and finishings might differ slightly from one product to the other. This is to be considered as a positive characteristic as it renders each item unique. We do not therefore accept requests of refund or substitution of products whose colour, finishing or decoration are slightly different from those visible in the images on the online price list.
3. PRICE All prices of products listed in the online catalogue include taxes.
4. DELIVERY CHARGES If not already included in the price of the item, delivery charges will be applicable when so indicated on the order form.
5. PERIOD OF VALIDITY OF PRICES AND SALES PRICES Prices of products are indicated in the online catalogue, and may be modified or withdrawn as stated under art.1336 C.C.
6. FORMS OF PAYMENT The customer may pay the merchandise through Paypal or by bank transfer in favour of the supplier.
7. CONCLUSION OF THE CONTRACT The contract will be considered concluded once the customer has performed the following operations:
a. Filled out the registration form in which he or she gives his or her personal details.
b. Selected his or her preferred form of payment.
c. Clicked on the send button signalling his or her acceptance of the terms and conditions of sale.
Once the online purchasing procedure has been concluded, the customer agrees and is obliged to print and preserve these terms and conditions of sale. He will have already read and accepted them, including the specific terms and conditions concerning the product being purchased (in accordance with artt.3 and 4 of Legislative Decree no.185/1999), since this is an obligatory step of the purchasing procedure. The personal details of the customer and his or her email address will belong exclusively to him or her and not to third or invented parties, the supplier reserves his right to take legal action against any violation or abuse in order to safeguard and protect all customers. The customer gives proof of address through the address indicated in the registration form. By submitting his or her phone number, fax and email address, the customer agrees to the supplier making use of them as communication systems.
8. DELIVERY AND AVAILABILTY OF THE PRODUCTS Without prejudice to the general maximum limit set by art.6 of Legislative Decree no. 185/1999, the ordered merchandise will be sent to the customer through the Italian Postal Service, Poste Italiane, chosen by the supplier. The delivery will take place within three days from the day following the receipt of payment confirmation. Possible delays will not justify a withdrawal from the contract or give rise to rights of compensation, except when so laid out at the above-mentioned art.6 of Legislative Decree no.185/1999. The supplier will inform the customer of the tracking number as proof of dispatch and of the legal value of the confirmed shipment, the supplier not being responsible for possible damages or losses of the shipment. The supplier guarantees the availabilty of products listed in his or her online catalogue at the moment of its publication, but will not be able to guarantee fulfilment of new orders for depleted lots. In this case, the supplier will inform the customer and refund him or her of the sum already paid, in the form and way laid out at art.6 no.2 of the Legislative Decree no.185/1999.
9. LIABILITY The supplier does not take on any liability for disruptions caused by circumstances beyond his control, circumstances that prevent perfomance of the contract within the agreed time frame, in whole or in part. The supplier will not be responsible for possible losses, damages and/or additional costs applied as a consequence to non-perfomance of the contract for the above-mentioned reasons since the customer is only entitled to the return of the sum paid out. The supplier is likewise not liable for fraudolent and illicit use of credit cards, cheques and other forms of payment. The supplier is not in the position to know, at any moment of the purchasing procedure, the credit card number of the customer, which is transmitted directly to the financial institution providing the service by means of a secure connection.
10. CUSTOMER’S RIGHT TO WITHDRAWAL The customer who is dissatisfied for whatever reason with the purchase made has a right to withdraw from the contract within 10 working days from the day of receipt of the products, without paying any penalty or giving any reason. Although the law does not require it, a brief statement explaining the reason of withdrawal would be appreciated so as to improve the service. The right to withdrawal may be exercised by sending a written statement to the address of the supplier within the fixed deadline by means of registered letter with acknowledgment of receipt; by way of derogation from artt.5 and 6 of Legislative Decree no. 185/1999 the communication may be sent within the same time frame by telegramme, telefax or email (the latter is available on the website). If the products have already been delivered, the customer must return them within 10 working days from the date of receipt of the products and bear the ensuing costs after having stated how he or she intends to return the products. When not stated, the return will be understood as taking place through the postal service. In order for the right to withdrawal to be valid, all articles must be returned in the same exact conditions in which they were shipped, including the original package. If the customer excercises his or her right to withdrawal as illustrated, the supplier will carry out the reimbursement of the sum already paid out within max. 30 days from the day on which he was informed of the customer’s exercise of his or her right to withdrawal and in any event not before the receipt of the returned products. If the price had been paid by credit card, the supplier will ensure that the same sum is credited on the customer’s card through the financial istitution that issued it.
11. TERMINATION OF THE CONTRACT AND EXPRESS TERMINATION CLAUSE The supplier may teminate the contract by giving notice to the customer. In this case, the customer will only be entitled to the return of the sum already paid out. The obligations undertaken by the customer, including guaranteeing that payment has been completed through one of the means laid out in art.6, are essential, as the customer’s failure to perform at least one of them will determine, by express agreement, the termination of the contract under art.1456 of the Civil Code. There will be no necessity for a judicial decision, without prejudice to the supplier’s right to seek legal redress for damages.
12. SUBMISSION AND PROCESSING OF PERSONAL DATA Personal data are collected in order to register the customer and initiate the procedures necessary to carry out this contract and its related communications; these data are processed electronically in accordance with the applicable law and may only be produced when so requested by the judicial authority, i.e. other authorities authorized to act by the law. Personal data will be communicated to individuals delegated to carry out the activities necessary to execute the contract, and diffused exclusively with this aim. The customer, after having submitted his or her data, may at any time exercise the rights laid out at artt.7 et seq. of Legislative Decree no.196/2003 and therefore know, obtain the deletion, correction, update and integration of his or her data, and oppose their use for the aims mentioned here. Figli di G. Pagan SRL, located in Venice, San Marco 54, is responsible for collecting and processing personal data.
13. JURISDICTION AND COMPETENT COURT Any dispute arising from the application, execution, interpretation and violation of this contract will be submitted to the Italian jurisdiction. Any dispute among the parties relating to this contract will be submitted to the competent court of the place of residence or domicile of the customer, when located on Italian soil.