1. Subject matter
1.1 These General Conditions of Sale are concerned with the sale of products made online through an electronic commerce service on the website www.pizzigioielli.it. In view of the large number of products made available, the main characteristics and prices of the same (including any additional costs) are clearly indicated directly on the site.
1.2 Products sold on the site can only be purchased and delivered in the countries indicated in the Order Form. Any orders for shipments to be placed outside these countries will be automatically rejected during the order processing process.
2.1 The products are sold directly by le Spighe S.a.s of Pizzini Giovanni Battista & C based in Arzignano Via del motto, 9 36071 (VI), registration number in the Register of Companies of Vicenza Rea VI-273227 – P. IVA 02774450247 (from now on Seller).
For any request for information, you can contact the e-Commerce Department of Le Spighe S.a.s of Pizzini Giovanni Battista & C:
- by e-mail at the following address: [email protected]
- by phone from Monday to Friday from 10:30 am to 8:00 pm at the following address: 3493172322
2.2 These General Terms of Sale govern the offer, forwarding and acceptance of purchase orders for products on www.pizzigioielli.it and do not regulate, instead, the provision of services or the sale of products by subjects other than the Seller who are present on www.pizzigioielli.it through links, banners or other hyperlinks. Before submitting orders and purchasing products from subjects other than the Seller, we suggest verifying their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller.
2.3 The products are sold to the Customer identified by the data entered at the time of filling in and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
2.4 Product offers on the website are www.pizzigioielli.it to customers over the age of 18. If you are under the age of 18 to be able to buy on the www.pizzigioielli.it you must first have the consent of one of your parents or legal guardian. Remember: this always applies, not only to our site, but to all the sites you visit on the Internet: when browsing the Internet you see or are asked for information that you do not understand or are not clear to you always ask your parents for help. By making an order through this website, you guarantee and ensure that you are over the age of 18 and have the legal capacity to enter into binding contracts.
2.5 The Customer is prohibited from inserting false, and/or invented, and/or fancy names, in the online ordering procedure and in further communications. The Seller reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.
2.6 By accepting these Terms of Sale, you also exempt the Seller from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by you at the time of placing the online order, being yourself as a customer solely responsible for their correct entry.
3. E-commerce sales
3.1 An online sales contract means the distance contract for the sale of movable property (hereafter Products) concluded between you, as Customer, and Le Spighe S.a.s of Pizzini Giovanni Battista & C as a Seller, as part of an e-commerce service organized by the Seller who, for this purpose, uses remote communication technology called the Internet.
3.2 To conclude the purchase agreement for one or more Products, you will need to fill out the order form in electronic format (from now on Order) and transmit it to the Seller through the Internet following the relevant instructions.
3.3 The Order contains:
- a reference to these General Conditions of Sale;
- information and images of each Product and its price;
- the means of payment that you can use;
- the methods of delivery of the purchased Products and the related shipping and delivery costs;
- a reference to the conditions for the exercise of your right of withdrawal;
- how and when to return the purchased products
3.4 Although Le Spighe S.a.s di Pizzini Giovanni Battista & C constantly takes measures to ensure that the photographs shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution characteristics of the computer you use. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations have merely illustrative function.
3.5 Before concluding the contract, you will be asked to confirm that you have read the General Conditions of Sale including the Notice on the Right of Withdrawal and the processing of personal data.
3.6 The contract is concluded when the Seller receives, through the Internet, your Order Form, subject to verification of the correctness of the data relating to your order. 3.7 The language available to conclude the contract with the Seller is Italian and the applicable law is Italian. 3.8 Once the contract is concluded, the Seller will take charge of your Order for its fulfillment.
3.9 PURCHASE OF PERSONALIZED PRODUCTS: The Customer may customize, where the service is expressly provided, the chosen article by having a word, of the letters (Text), symbols or numbers affixed to it, according to his preferences.
However, it is not permitted to require the affixing of an offensive, pornographic, defamatory, blasphemous text containing messages of threat and incitement to violence, infringing the rights of third parties, in particular intellectual property rights or carrying out registered third-party trademarks.
It is also not allowed to affix a Text that consists of or includes the name or nickname of a famous/known/popular character.
The Seller reserves the right to refuse any name, word or phrase that falls within any of the categories mentioned above or that transmits a message that is considered inappropriate by the same, for any reason and without any reason being due to the Customer. The Seller's decision to reject the Text proposed by the Customer will result in the cancellation of the order. By placing a Custom Products order, the customer consents to:
• Declare and ensure that no name, word or phrase that has been requested to be affixed to your Custom Product falls into one of the prohibited categories;
• Keep unscathed and maintain the Seller and the companies belonging to the Group Le Spighe S.a.s of Pizzini Giovanni Battista & C from any cost, expense, damage, loss and liability that may be suffered by the Seller or the companies of Le Spighe S.a.s of Pizzini Giovanni Battista & C as a result of the use of any name, word or phrase on the Product Customized by the Customer himself;
• Guarantee to the Seller and the companies belonging to the Group Le Spighe S.a.s of Pizzini Giovanni Battista & C the global right, not exclusive, irrevocable and free from royalties, entirely cedible to third parties to use, reproduce, reveal names, words or phrases sent by the Customer for the purpose of customizing and completing his order.
Finally, please note that although the Seller reserve the right to refuse the customization or design of the user, the Customer is the only one responsible for his personalization and the Seller assumes no obligation to verify or refuse the forementioned customization.
4. Order fulfillment.
4.1 By transmitting the Order through the Internet, you accept unconditionally and undertake to observe, in your relations with the Seller, these General Conditions of Sale.
4.2 Once the contract has been concluded, the Seller will send you, by e-mail, an Order Confirmation, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 The possibility for the Seller, before sending the Order Confirmation, to request you by e-mail or phone indicated by you, additional information with reference to the Order sent by you through the Internet, remains firm.
4.4 The Seller may not place your purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in case of unavailability of the products. In these cases, we will inform you by e-mail that the contract is not concluded and that the Seller has not followed up your Order by specifying the reasons for it. In this case, the sum previously committed on the Customer's means of payment will be decommitted. In addition, despite all our efforts, we cannot exclude that for a small part of the products on our site a price other than the actual price is indicated by mistake. In any case, we will check the correctness of the prices of the products during the process of verifying the order and subsequent shipment of the products. If, due to misunderstanding or other inconvenience, the price indicated on the site is lower than the correct selling price of a product, we will contact you to check if you also wish to buy the product at the correct price. Otherwise your order cannot be accepted. If the correct price of a product is lower than that indicated on the site, we will only charge you the lower correct price and still ship the product to you.
4.5 If the products, presented on the website, are not available or no longer for sale after the order has been sent, it will be the seller's responsibility to inform you, promptly and in any case within thirty (30) working days from the day following the day on which you have transmitted your order to the Seller, any unavailability of the Products ordered. In this case, the sum previously committed on the Customer's means of payment will be decommitted.
4.6 The Seller will make sure to deliver the ordered products to the Customer no later than 30 days from the date of conclusion of the contract.
4.7 Each sale made by the Seller through the online sales service may concern one or more products. All orders placed on the site must correspond to normal consumption needs. This requirement applies both in relation to the number of products purchased with a single order and in the case of a plurality of orders relating to the same product, even if each order includes a quantity of products corresponding to normal consumption needs.
4.8 Le Spighe S.a.s of Pizzini Giovanni Battista & C reserves the right to refuse orders from a customer with whom a dispute and/or dispute relating to a previous order is ongoing. This also applies to all cases in which Le Spighe S.a.s of Pizzini Giovanni Battista & C deems the customer unfit, including, but not limited to, the case of previous breaches of contract conditions for online purchase on the Site or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind.
5. Selling prices
5.1 Unless otherwise indicated in writing, all the prices of the Products and the shipping and delivery costs indicated on the website and in the Order are to be considered including VAT and expressed in Euros. The validity of the prices indicated is always and only that indicated by the website at the time of transmission of the Order through the Internet. The prices of the Products and shipping and delivery costs may vary without notice. Then make sure of the final sale price before submitting the relevant Order.
5.2 All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, are to be considered not including any costs related to customs duties and related taxes, not previously calculable, if the shipment takes place in non-EU countries or in countries where current legislation provides for import charges. In this case, the existence of any additional costs indicated above will be clearly mentioned during the insertion and revision of the Order.
5.3 These costs are therefore borne by the Customer and must be paid directly at the time of delivery of the Products, according to the indications specified in the Order Confirmation.
6. How to pay
For the payment of the price of the Products and the related shipping and delivery costs you can follow one of the methods indicated in the order form of the www.pizzigioielli.it site and which are summarized below.
6.1 Credit cards and prepaid cards.
• 6.1.1 For online orders on our site we accept both credit card and prepaid card payments (for example, PostePay) without any additional charge on the cost of the product and shipping. It is understood that you must be the holder of a valid credit card when ordering products purchased online and that the name on the credit card must be the same as indicated on the billing data. In the absence of such assumptions it will not be possible to proceed with the order.
• 6.1.2 At the time of purchase online, at the same time as the Order is confirmed, the reference bank will make the only commitment of the amount related to the Order from the present availability of your credit card. The amount will actually be charged to your credit card only when the purchased products are shipped.
• 6.1.3 If, once you have received the package with your order, for any reason you intend to make use of the Right of Withdrawal, following the payment of the Products purchased online, the Seller will order the bank to credit the amount to be refunded directly to your credit card, or to the other card used at the time of purchase.
- 6.2.1 If you have an PayPal account, Le Spighe S.a.s of Pizzini Giovanni Battista & C gives you the ability to make payments using directly e-mail and related password with which you registered on www.paypal.com.
6.3 Sofort bank transfer
• 6.3.1 You can pay for your order quickly and securely using your home banking through the Sofort payment platform. The amount will be charged directly to your bank account.
6.4.1 If you have a personal Satispay account you can use it as a payment method. Once you have entered your order and mobile phone number, you will receive a notification on your smartphone or tablet in which you will be asked to authorize payment.
6.5 At no time during the purchase process Le Spighe S.a.s of Pizzini Giovanni Battista & C is able to know the information related to your credit card (for example, the credit card number or the date of its expiration), transmitted via a connection protected by encrypted protocol directly to the site of the person managing the electronic payment (bank or PayPal).
No computer archive of the Seller will retain such data.
6.6 Under no circumstances can the Seller therefore be held responsible for any fraudulent and undue use of credit and prepaid cards by third parties, being all managed by third parties to the Seller and authorized to it.
7. Shipments and delivery of products
7.1 Each shipment contains:
- the products(s) ordered;
- the relevant transport document/accompanying invoice;
- any accompanying documentation requested according to the country of shipment;
- any information and marketing material;
7.2 The delivery of the Products purchased through the Seller's website can take place in different ways.
7.3 Customer's home delivery
• 7.3.1 The products purchased will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order with insured shipment. See the Shipping section for additional information on costs, shipping times and modes and countries served.
• 7.3.2 When receiving the goods at your home, we ask you to check the integrity of the packages at the time of delivery by the courier. In case of anomalies you will have to have the same detected and annotated by the courier and reject the delivery. Otherwise, the possibility of asserting your rights in this regard will lapse.
8. Right of withdrawal
8.1 Only if the Customer who enters into the contract is a Consumer (meaning by this definition any natural person acting on the site for purposes unrelated to any entrepreneurial or professional activity carried out), will he have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, communicating it to the Seller within the period of fourteen (14) days , which runs from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, acquires physical possession of the goods. The deadline is intended to be met if the Customer sends the goods back before the expiry of the 14-day period. We remind you that, as required by current legislation, the right of withdrawal is excluded and cannot therefore be exercised if the products you have purchased have been customized at your express request at the time of placing the Order.
8.2 To exercise the right of withdrawal you have the following possibilities:
• 8.2.1 If you are a registered user you must log in after authenticating yourself by username and password to the Accounts section of the site. Here in the My Orders section you will find the list of your orders with a link next to each one to activate the return procedure. By accessing the Online Return Form within 14 (fourteen) days from the day of receipt of the Product, you can inform us of your willingness to withdraw from the contract, reporting which Products will be returned.
• 8.2. 2 As an alternative to the above, you can also submit any other explicit declaration of your willingness to exercise the right of withdrawal, including by completing the Withdrawal Form pursuant to Annex I, Part B of Legislative Decree 21/2014 that you will have to transmit to us by registered letter a.r..
8.3 When filling out the Online Return Form you will receive all the information necessary for the return of the Products.
8.4 The right of withdrawal is subject to the following conditions:
• Returned Products must be returned in their entirety and not on parts or components of them even in the case of kits;
• Returned Products must not have been used, worn, washed, soiled or damaged and must not show any signs of use;
• Returned Products must be returned packaged exactly as they have been shipped to you, complete with each accessory and label.
• Returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same Order returned and shipped at different times;
• Returned Products must be delivered to the courier within fourteen (14) days from the date you received the products;
• in the event that the Seller, against the purchase of a specific package of Products, offers the possibility to buy them at a lower price than would normally be practiced by purchasing them individually (e.g. 5×4, 3×2 etc.), the right of withdrawal can also be exercised with the return of only some of the products purchased: in this case the price will be recalculated taking as a reference the price normally charged for the purchase of the individual product. In all other cases (e.g. combined sales, premium transactions, etc.) the right of withdrawal can only be exercised with the return of all the Products purchased, thus excluding any partial exclusion.
8.5 If the right of withdrawal exercised by you is in accordance with the previous conditions (paragraph 8.4), the Seller is required to refund the sums paid by you no later than 14 days after the day on which the Seller has been informed of your decision to exercise the right of withdrawal, provided that the Seller has already received the return of the goods or that you provide the Seller with proof that he has already proceeded with the shipment of the goods. The Seller will use the same means of payment that you used for the initial transaction for reaccreditation, unless you explicitly ask the Seller to use a different means and the seller consents to it.
8.6 In case of withdrawal, the only expenses borne by you will remain the initial shipping costs of the order of the purchased products. All other expenses will be refunded to you by the Seller, including the costs of delivery of the goods rendered as a result of the exercise of the right of withdrawal (with the exception of the additional costs deriving from your possible choice to use a different and more expensive delivery method than the standard type of delivery offered by the Seller).
8.7 Le Spighe S.a.s of Pizzini Giovanni Battista & C will to bear the initial shipping costs of the Products exclusively in case of damage to them due to transport or errors in shipping by the Seller himself. Only in these cases, the Seller will also refund you the amount you paid as shipping costs. The Seller will send an express courier for the collection of the Product at the home indicated by you.
8.8 For the return you will have to use only the Courier indicated by the Seller in the Online Return Form: in this way you will not have to pay for the expenses at your expense of returning the purchased products because such payment will be made, on your behalf, directly by the Seller. Subsequently, the Seller, except for the provisions of the previous point 8.7 and for cases of return due to the defect of the product, will with hold from the refund due to you a lump sum equal to the cost previously incurred by you for the shipment and delivery to your home of the purchased products or the shipping costs normally provided for the country of delivery. In addition, from the moment of return of the purchased products to the shipper indicated by the Seller in the online return form, the Seller exempts you from any liability in case of loss or damage of the products during transport.
8 . 9 In the case of exercising the right of withdrawal without compliance with the above procedures (e.g. more than 14 days required by law, or without having completed the online return form, or without compliance with the conditions provided for in point 8.4 above, etc.), you will not be entitled to a refund of the sums already paid to the Seller. Within 10 days of sending the e-mail informing you of the non-acceptance of the return, by replying to the e-mail itself you can choose to return, at your expense, the products in the state in which they were returned by you to the Seller. Otherwise, the Seller may retain the products, in addition to the sums already paid for their purchase.
8.10 The Right of Withdrawal cannot be applied in the case of customized products at your express request at the time of insertion of the Order.
9. Warranty of noncompliant products
9.1 The Seller is responsible for any defects in the products offered on the site, including the non-conformity of the items with the products ordered, in accordance with the provisions of Italian legislation.
9.2 The warranty period is 2 years from the moment of delivery of the goods. If the Customer has entered into the contract as a Consumer (meaning by this definition any natural person acting on the site for purposes unrelated to any business or professional activity carried out), this guarantee is valid provided that the following conditions are respected:
• the defect occurs within 24 months from the date of delivery of the products;
• the Customer makes a formal complaint regarding defects within a maximum of 2 months from the date on which the defect was recognized by the latter, unless this is contrary to the prevailing mandatory rules of the customer's habitual country of residence;
• after entering the Order Status, the Customer correctly fills out the Online Return Form.
9.3 In particular, in the event of non-compliance, the Customer who has concluded the contract as Consumer will have the right to obtain the restoration of conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract with respect to the disputed goods and the consequent return of the price.
9.4 All return costs for defective products will be borne by the Seller.
For any information, the e-Commerce team of Le Spighe S.a.s of Pizzini Giovanni Battista & C is at your disposal and can be contacted at the following e-mail [email protected] or at the following address: Le Spighe S.a.s by Pizzini Giovanni Battista & C Via del Motto, 9 36071 Arzignano (VI).
11. Customer communications
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, statements, information, reports and in any case any documentation on the operations carried out, referring to the purchase of the Products, will be sent to the e-mail address indicated at the time of registration, with the possibility to download the information on long-term support in the manner and within the limits provided by the Site.
13. Applicable law, dispute settlement and competent court
13.1 These General Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other prevailing mandatory rules of the customer's habitual country of residence. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law (without prejudice to any other prevailing mandatory rule of the customer's country of habitual residence) and any disputes related to and/or consequent to them must be resolved exclusively by the Italian judicial authority, as specified below. In particular, if the Customer is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law or, at the consumer's choice in the event of action taken by the consumer himself, by the Court of Vicenza. If the Customer acts instead in the exercise of his entrepreneurial, commercial, artisanal or professional activity, the parties by consensus establish the exclusive competence of the Court of Vicenza.
13.2 Online Dispute Resolution Platform (ODR). Given that Le Spighe S.a.s of Pizzini Giovanni Battista & C is always available to seek a friendly solution to the disputes that have arisen, through the direct contacts indicated in point 10), customers are informed that, according to Article 14 of EU Regulation No. 524/2013 and the resolution on ODR referred to in Statutory Instrument no. 500/2015 in force since February 15, 2016, an online platform for the resolution of ODR ("online dispute resolution") disputes derived from the purchase of online goods accessible at the following link has been established: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Through the ODR platform, the Customer will be able to consult the list of ODR bodies, find the link of each of them and initiate an online dispute resolution procedure. More information about the platform can be found at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show
14. Edit and update
The Seller may make changes or amendments to these General Terms of Sale at any time. Therefore, the Customer will be required to accept only the General Conditions of Sale in force at the time of its purchase.