CONTRACT GOVERNING THE GENERAL CONDITIONS OF SALE
1) SUBJECT: this document has as its object the regulation of the purchase of products and services, carried out remotely and made available via Internet, from the Pavonesrl.itsite and relating to orders, purchases of products between Pavone Srl, with registered office in Rastignano (BO) in via Del Parco n. 1 VAT number 00595461203 and the Customer, the final consumer. These conditions govern the terms, conditions of sale of the products and the agreed prices, as well as the use of this website.
The User is requested to carefully read this document and take note of these Terms.
With this contract, respectively, the Supplier sells and the Purchaser purchases remotely via telematic tools only the tangible movable goods and services indicated and offered for sale on this site.
- Pavone s.r.l. o the Supplier: is the company that sells its products belonging to its assortment via the Internet.
- Products: are all the products and/or goods produced and marketed by Pavone S.r.l. and that are part of its assortment on the website;
- Site: is the set of web pages relating to the address pavonesrl.it;
- Cart: it is the product purchase order selected by the user.
- Responsible party or owner: the party responsible for this website,
Pavone s.r.l., via Del Parco n. 1, Rastignano (BO), P.IVA 03091360374; address: email@example.com
- Voucher: any digital or paper code or voucher that allows the user to purchase the product at a discounted price;
- Service: the service offered through this website as described in the terms and on this website;
- Terms: all the conditions applicable to the use of this website and/or to the provision of the service as described in this document as well as in any other document or agreement connected to it in the respectively most updated version;
- User:means any natural person who uses this website;
- Consumer: indicates any natural person who, as a user, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, commercial, craft or professional activity.
2) CONDITIONS OF USE
All the conditions of use of this Website are present in this section and have general validity.
Unless otherwise specified or recognizable, all the contents available on this website are owned or provided by the Owner and his/her licensors.
The Owner takes the utmost care so that the content available on this Website does not violate applicable legislation or the rights of third parties. However, this is not always possible. In such cases, without prejudice to the rights and legally enforceable claims, Users are requested to address the related complaints to the addresses specified in this document.
3) RIGHTS IN THE CONTENT OF THIS WEBSITE
The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents. Users are not authorized to use the contents in a way that is unnecessary or unrelated to the correct use of the service. In particular, but without exclusion, it is forbidden for Users to copy, download, share beyond the specified limits, modify, translate, process, publish, transmit, sell, grant sub-licenses, transform, transfer/alienate to third parties or create derivative works starting from the content available on this website, to allow third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this website, the User is authorized to download, copy and/or share certain contents available exclusively for personal and non-commercial purposes and on condition that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller. The limitations and exclusions provided for by the legislation on copyright remain valid.
Through this website, Users may have access to resources provided by third parties Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
This website and the service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.
It is the User’s sole responsibility to ensure that the use of this website and/or the service does not violate the law, regulations or rights of third parties.
Therefore, the Data Controller reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this website or service, terminate contracts, report any censurable activity carried out through this site. web or the service to the competent authorities whenever the User puts in place or there is a suspicion that he puts in place: violations of the law, regulations and/or terms; injury to the rights of third parties; acts that may considerably prejudice the legitimate interests of the Data Controller; offenses against the owner or a third party.
To proceed with the purchase of products through this website, the User must register in the dedicated section and enter all the data and information requested in a complete and truthful manner. It is not possible to proceed with the purchase on this site without first registering. It is the User’s responsibility to keep their login credentials to the site and to preserve their confidentiality. By registering on this site, the User agrees to be fully responsible for any activity carried out with their credentials.
Users are required to inform the Data Controller immediately and unambiguously through the contact details indicated in this document, if they believe that their personal information, such as the user account, login credentials or personal data, have been violated, unlawfully disclosed. or subtracted.
5) CLOSING OF THE ACCOUNT
The User is free to close his account at any time and therefore cease using the service, by contacting the Owner at the contact details on this document.
6) SUSPENSION AND ACCOUNT CANCELLATION
The Owner reserves the right to suspend or cancel a User’s account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms. The suspension or cancellation of the Account does not give the User any right to compensation, reimbursement or compensation. The suspension or cancellation of an account for reasons attributable to the User does not exempt him from the payment of the fees subject to the order already duly placed.
7) METHOD OF PURCHASE
The contract between the Supplier and the Purchaser is concluded exclusively through the Internet by accessing the Purchaser at the address of this site, where, following the indicated procedures, after registering, or accessing through the using his account previously created, the Buyer will formalize the purchase order for the goods offered for sale.
Pavone s.r.l. will send the Buyer an order confirmation email containing the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including any shipping costs.
The stipulated contract will be considered concluded only with the shipment of the ordered products.
The sales contract and the order summary are drawn up in Italian.
All sales prices of the products displayed and indicated on this website constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code, are inclusive of VAT and all other taxes. The shipping costs will be indicated and calculated in the purchase procedure before payment of the order by the Buyer and also contained in the web page summarizing the order placed. The prices indicated for each of the goods offered to the public are valid until the order is placed and indicated on the order summary web page. Therefore, the prices and conditions may be changed by the Supplier at any time and what appears on the order summary web page will be valid for the Buyer.
9) PROMOTIONS OR DISCOUNTS
The Owner reserves the right, at its sole discretion, to promote special discounts or promotions through the website them for purchase. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this site. Discounts and promotions are valid for a period of time or depending on the availability of the product, until stocks are exhausted.
Promotions and discounts can be offered in the form of vouchers. In case of violation of the conditions applicable to the Coupons, the Owner may refuse to fulfill his contractual obligations and reserves the right to act in the most appropriate fora in order to protect his rights.
The additional information or different indications relating to how to use the vouchers reported on the relevant information page or on the voucher prevail, regardless of the following information.
Unless otherwise indicated, the following rules apply to the use of vouchers:
- Each voucher is valid only if used in the manner and within the time period specified on the website and/or on the voucher;
- The voucher can only be redeemed in its entirety at the time of purchase, it cannot be used partially;
- Unless otherwise specified, single use vouchers can only be redeemed once for purchase;
- Vouchers cannot be combined;
- The voucher must be used by the specified validity date. Once this term has expired, the voucher will no longer be valid and therefore cannot be used;
- The user has no possibility to request any re-credit or refund or compensation if there is a difference between the value of the voucher and the redeemed value;
- The voucher is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the voucher are prohibited, as well as any illegal activity related to the purchase and/or use of the voucher.
10) METHOD OF PAYMENT AND DELIVERY
The details of the accepted means of payment are highlighted during the purchase procedure. Some payment methods are linked to additional conditions or involve additional costs. Detailed information can be found in the payment section of this site.
Payments are handled by third party services. This site does not collect payment data, such as credit card numbers, but receives a notification once the payment is successful.
In the event that the payment made by one of the available means is not successful or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions arising from the failed or refused payment are the responsibility of the User.
Until the correct receipt of the payment of the purchase price by the Owner, the User does not acquire ownership of the products ordered.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary. At the time of delivery, users must check the contents of the package and report any anomalies to the contact details indicated in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged. Delivery times are indicated during the purchase procedure.
The Owner is not liable for delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been instructed by the User.
In the event that the goods have not been delivered or collected at the time or within the established deadline, they will be returned to the Owner who will contact the User to schedule a second delivery attempt or agree on further measures. Unless otherwise specified, any further delivery attempts will be borne by the User
11) RIGHT OF WITHDRAWAL
The right of withdrawal is excluded pursuant to art. 59 of Legislative Decree 21/2014 when it concerns the order of products susceptible to deterioration or rapid expiry. With regard to the cases of exclusion of the withdrawal, therefore, the final consumer user is informed and accepts that this right cannot be applied to food products, as they fall within the category of goods subject to deterioration.
12) LEGAL PRODUCT CONFORMITY GUARANTEE
According to European legislation, the seller guarantees the conformity of the goods sold for a period of two years from delivery. The seller is required and as such guarantees that the purchased goods have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
The supplier is liable for any ascertained defect or defect in the product attributable to him provided that such defect or defect has been reported by registered letter with return receipt to the address where the company indicated in this contract is based, or I was via certified e-mail to firstname.lastname@example.org within 8 days from the delivery date with the indication of the product batch number and the type of defect found.
If the buyers act as European consumers, the legal guarantee of conformity of the goods applies to the items available on this website in accordance with the laws of the country in which they usually reside.
Consumers who are not acting as European consumers could enjoy compliance assurance rights under the law of the country in which they usually reside.
13) LIMITATIONS OF LIABILITY
The supplier assumes no responsibility for inefficiencies attributable to force majeure or for inefficiencies or malfunctions related to the use of the internet outside of its control. The Supplier cannot be held liable to the buyer, except in the event of willful misconduct or gross negligence. The Supplier will also not be liable for damages, losses and costs incurred by the buyer as a result of the failure to execute the contract for reasons not attributable to him.
14) COMMON PROVISIONS AND SAFEGUARD CLAUSE
Failure to exercise legal rights or claims deriving from these Terms by the Owner does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.
To ensure the best possible level of service, the owner reserves the right to interrupt the service. In the event of termination of the service, the owner will ensure that users can extract their personal data and information according to the provisions of the law The service may not be available for reasons beyond the reasonable control of the owner, such as force majeure.
If any of the provisions of these terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause nullity or ineffectiveness of the remaining provisions which therefore remain valid and effective.
15) BUYER’S OBLIGATIONS
The buyer undertakes to pay the price for the goods purchased within the times and in the manner indicated. He also undertakes, after completing the online purchase, to keep the web page that contains the order data. The information contained in this contract has already been viewed and accepted by the buyer, who acknowledges it, as the link to this section is always present at the bottom of the page when the order is finalize
16) ARCHIVING METHOD OF THE CONTRACT
Pursuant to art. 12 of Legislative Decree 70/03, the supplier informs the buyer that every order sent to Pavone s.r.l. it is stored in digital form on the server where the site resides according to criteria of confidentiality and security.
17) COMPOSITION OF DISPUTES AND APPLICABLE LAW
The sales contract between the customer and Pavone s.r.l. is understood to be concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his/her town of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Bologna, any other competent court excluded.
18) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS
The confirmation of the order implies for the buyer the acceptance of these general conditions which can be updated or modified directly with the transcription of the new regulation on this website. The modification or update will be valid and effective for orders that have not yet been processed and for which the web page, which summarizes the order data, is not yet displayed.
19) INFORMATION ON PRODUCTS
The information and characteristics relating to the Products are available, with the relative Product codes on the website. The visual representation of the products on the site, where available, usually corresponds to the photographic image accompanying the description sheet. It is understood that the image of the products has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
By concluding the online purchase procedure, the buyer declares to have read the ingredients and allergens.
-pursuant to art. 49, paragraph 1, lett. h)
Addressed to: email@example.com