General Terms and Conditions of Sale, in force as of 01/01/2022.
PREAMBLE
This notice is provided for the website ingrosso-pelletteria.com (Site).
Seller's details: Gresel SRL (Seller).
Art. 1 Scope of application
1.1 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 Where this is made possible by the Site, entering your tax code (codice fiscale) when making a purchase implies that you are acting as a Consumer within the meaning of art. 3, paragraph I, letter a) of the Italian Consumer Code (Codice del Consumo, Legislative Decree no. 206 of 6 September 2005). It is recalled that a Consumer is a natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity that he or she may carry out. If, on the other hand, the possibility is given of entering the VAT number (your own or that of a legal person), this implies a purchase as a "Professional", within the meaning of art. 3, paragraph I, letter c) of the Italian Consumer Code. A Professional is a natural or legal person who acts in the exercise of his or her entrepreneurial, commercial, craft or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than as a Professional are described in the remainder of this document.
1.3 The terms indicated are to be understood as working days, thus excluding Saturdays, Sundays and national public holidays. The images and descriptions on the Site are to be understood as merely indicative. The colours may differ from the actual ones as a result of the settings of the computer systems or computers you use to display them.
1.4 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall be in force from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale.
1.5 The applicable General Terms and Conditions of Sale are those in force on the date on which the purchase order is sent.
1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller which may be present on the Site by means of links, banners or other hypertext connections.
1.7 Before carrying out commercial transactions with such parties, it is necessary to check their terms of sale.
1.8 The Seller is not liable for the provision of services and/or the sale of products by such parties.
1.9 The Seller carries out no control and/or monitoring of the websites that may be consulted through such links. The Seller is therefore not liable for the contents of such sites nor for any errors and/or omissions and/or breaches of law on their part
1.10 You are required to read carefully these General Terms and Conditions of Sale as well as all the other information that the Seller provides on the Site, including during the purchase procedure.
1.11 On the Site it is also possible to submit orders by email. Insofar as they are compatible, the clauses set out in these General Terms and Conditions of Sale also apply to these types of order. The Seller reserves the right to send you by email different and separate General Terms and Conditions of Sale, effective only for purchases by email. The Seller also accepts orders by telephone. In this case these General Terms and Conditions of Sale apply, insofar as they are compatible.
1.12 The whole of every element of the Site is the property of the Seller or of third parties. Save for the specific written consent of the Seller, it is prohibited to reproduce, in whole or in part and by any process whatsoever, to distribute, publish, transmit, modify or sell all or part of the content of the Site.
1.13 The Seller may in no case be held liable towards you or towards third parties for any indirect, incidental, special or consequential damage. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Site or from the inability to use it. The Seller cannot guarantee or state: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained in the Site is accurate, complete and up to date.
Art. 2 Purchases on the Site
2.1 In order to make purchases on the Site it is necessary to follow the procedure set out on the Site itself, entering the data requested from time to time. The contract of sale is concluded when the order reaches the Seller's server.
2.2 You undertake to inform the Seller immediately should you suspect or become aware of any improper use or improper disclosure of any information entered by you on the Site.
2.3 You warrant that the personal information provided is complete and truthful and undertake to hold the Seller harmless and indemnified from any damage, compensation obligation and/or penalty arising from and/or in any way connected with the breach of this undertaking. You undertake to inform the Seller immediately should you suspect or become aware of any improper use or improper disclosure of the credentials for accessing the Site.
2.4 The Seller reserves the right to refuse orders coming from users who have previously breached these General Terms and Conditions of Sale or any legal provision.
2.5 In order to place orders on the Site it is necessary to read and approve these General Terms and Conditions of Sale, by selecting the appropriate box present on the pages of the purchase procedure. Failure to accept these General Terms and Conditions of Sale entails the impossibility of making purchases on the Site..
2.6 On the Site: (i) no alcoholic Products are sold; (ii) no adult products are sold; (iii) no food products are sold.
2.7 Following the purchase, you will receive an order confirmation email.
Art. 3 Availability of the Products
3.1 The Products offered on the Site are limited in number. It may therefore happen, also because of the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the purchase order has been transmitted.
3.2 Information on the availability of the Products is available on the Site.
3.3 You will be informed in the event of unavailability of the Product ordered. In this case you will be entitled to terminate the purchase contract. In any event, please consider that, before you request termination of the contract, the Seller reserves the right to implement these measures:
- Where restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term.
- The Seller will offer a discount voucher to be spent on purchases on the Site. The amount of the discount voucher, the deadline by which it may be used and any limitations will be communicated from time to time by the Seller.
- Where restocking is not possible, the Seller will supply a different product, of equivalent or higher value, subject, in the latter case, to payment of the difference, and subject to the express acceptance of the user.
3.4 Should a refund be requested of the amount paid for the purchase of Products which subsequently turned out to be unavailable, the Seller shall make the refund within a maximum period of 2 days.
3.5 In the event that you avail yourself of the right of termination, the contract is terminated. In the event that payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional cost, as resulting from the order (Total Amount Due), has already taken place, the Seller will refund the Total Amount Due pursuant to the provisions of the article “Payment methods” infra.
Art. 4 Prices
4.1 On the Site the prices include VAT.
4.2 Furthermore, on the Site the prices do not include the WEEE (RAEE) contribution, since the Products sold are not subject to the relevant rules.
4.3 The Seller reserves the right to modify the price of the Products, at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any variations (upwards or downwards) subsequent to the transmission of the order will not be taken into account.
4.4 The shipping costs of the Products are borne by you, except where otherwise established.
4.5 The Seller will ship the Products only after having received confirmation of the authorisation of payment or of the crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, to be understood as the time of delivery of the Product to the carrier. The risk of loss of or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you and other than the carrier, physically takes possession of the Products.
4.6 The purchase contract is subject to the resolutive condition of failure to pay the Total Amount Due. Save for a different written agreement entered into with you, the order will consequently be cancelled.
Art. 5 Payment methods
5.1 This article describes the payment methods available on the Site.
5.2 On the Site you may purchase by means of payment cards. The charge will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has granted the authorisation for the charge. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he or she may be required to complete the purchase procedure by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria relate to the identity of the user (in order to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may entail the impossibility of finalising the purchase on the Site. The confidential data of the payment card (card number, cardholder, expiry date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. The Seller therefore never has access to, and does not store, the data of your payment card used for the payment of the Products, not even in the event that you choose to save such data on the Site. The footer of the Site indicates the symbols of the payment cards that may be used on the Site.
5.3 On the Site it is possible to pay by bank transfer.
5.4 On the Site it is possible to pay by cash on delivery. This means of payment may be subject to an additional cost, indicated from time to time on the Site within the purchase procedure. It is possible that cash on delivery is limited to orders above a certain amount: in this case the Seller will give appropriate notice on the Site or within the purchase procedure.
5.5 If the value of the discount code is lower than that of the order, the remaining sum may be settled according to the payment methods provided for on the Site. Each discount code may be used for one purchase only. Under no circumstances may discount vouchers be converted into money.
5.6 Any alternative methods differing from those indicated above are or will be described in this article.
- On the Site it is also possible to make purchases by means of the PayPal payment solution. Should you choose PayPal as your means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided for and governed by PayPal and to the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted to or shared with the Seller. The Seller is therefore not in a position to know and does not in any way store the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with that account.
Art. 6 Delivery of the Products
6.1 Delivery of the Products is provided for in: Europe.
6.2 The delivery obligation is fulfilled by the transfer to you of the physical availability or in any case of the control of the Product.
6.3 Delivery time of the Products from the sending of the order: 2/4 days.
6.4 The term indicated in art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within a term of 30 days from the sending of the order. It is for you to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically takes possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, undamaged, neither wet nor otherwise altered, including in the sealing materials, and you are invited, in your own interest, to indicate on the carrier's transport document any anomalies, accepting the parcel subject to reservation. In the event that the package shows evident signs of tampering or alteration, it is appropriate to notify the Seller promptly.
6.5 With reference to the possibility of requesting delivery of the Products at a "collection point", the Seller informs you that you have the possibility of collecting the Product at a collection point, according to the options and methods available on the Site and/or during the purchase procedure, provided that this method is available for the Product you have selected. You will be promptly notified when the Product is ready to be collected at the collection point chosen by you. Save for a different agreement, should you fail to fulfil the obligation to collect the Product, the purchase contract will be deemed terminated by operation of law. As a result of the termination, the order will be cancelled and the Seller will proceed to refund the Total Amount Due paid by you, less the shipping costs. The mere failure to collect the Product may not be understood as an exercise of the right of withdrawal, where provided for, and will not give the right to a full refund of the sums paid for the purchase of the Product.
Art. 7 Right of withdrawal
7.1 The user is invited to read this article, which governs the right of withdrawal, with particular attention.
7.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide any reason. If you have purchased in the capacity of Professional, the right of withdrawal does not apply, save for a different agreement entered into with the Seller. Any exceptions to the right of withdrawal are set out in this article 7. If there are no exceptions to the right of withdrawal, this article 7 applies in full.
- Goods made to measure or clearly personalised are sold on the Site. Should you act in the capacity of Consumer, the following rules on the right of withdrawal do not apply by specific provision of law. Indeed, were it not so, the Seller would find itself unable to resell a Product made specifically for you.
- Products which, after delivery, are by their nature inseparably mixed with other goods. With reference to these goods the right of withdrawal is excluded and the following rules do not apply.
- Sealed goods which are not suitable for return for reasons of hygiene or connected with health protection are sold on the Site. Should these Goods have been opened after delivery, you lose the right of withdrawal. Therefore, the following rules on the right of withdrawal do not apply.
7.3 Should you have the capacity of Consumer (and in the event that no exceptions to that effect apply) you have the right to withdraw from the contract for the purchase of the Product without having to provide any reason and without having to bear costs other than those provided for in this article, within a term of fourteen calendar days (Withdrawal Period). In order to exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end you may write to the Seller at the contact details indicated in the Preamble, or use the contact form that may be present on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. Save for a different agreement, the direct costs of returning the Products are borne by the Consumer, as is the responsibility for their transport. In the event of exercise of the right of withdrawal, the Product must be delivered to the Seller's premises, or to the different address communicated by the Seller. The Withdrawal Period expires after 14 days:
- in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
- in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
7.4 Should withdrawal be applicable, the Seller will proceed to refund the Total Amount Due, including the delivery costs, if applicable, without undue delay and in any case not later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at the latter's expense, the Seller may suspend the refund until receipt of the Products or until the Consumer has demonstrated that he or she has sent the Products back, whichever is earlier. The Consumer is liable solely for the diminished value of the goods resulting from handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functioning, accompanied by all the accessories and instruction leaflets, with the identification tags, the labels and the single-use seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Withdrawal, moreover, applies to the Product in its entirety. It may therefore not be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which withdrawal has been exercised has suffered a diminution in value resulting from handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the amount of the refund a sum equal to such diminution in value. The Seller will give notice of this circumstance and of the consequent reduced refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user on account of the diminution in value of the Product. In the event that withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not entail termination of the contract and, consequently, will not give the right to any refund.
7.5 In the light of the above, the Seller considers it appropriate to point out to you that the costs of returning the Product will be borne by you and under your responsibility.
Art. 8 Legal Guarantee of Conformity
8.1 The Legal Guarantee of Conformity is reserved to the Consumer. It therefore applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity that they may carry out.
8.2 The Seller is liable towards the Consumer for any lack of conformity of the Product which becomes apparent within two years of such delivery. The action to assert defects not fraudulently concealed by the Seller is in any case time-barred within a term of twenty-six months from the delivery of the good.
8.3 Unless proved otherwise, lacks of conformity which become apparent within twelve months of the delivery of the Product are presumed to have existed already at that date, unless this assumption is incompatible with the nature of the Product or with the nature of the lack of conformity. From the twelfth month following the delivery of the Product, it will instead be for the Consumer to prove that the lack of conformity already existed at the time of its delivery.
8.4 In the event of a lack of conformity of the good, the Consumer is entitled to the restoration of conformity, or to receive a proportionate reduction of the price, or to the termination of the contract on the basis of the conditions laid down by art. 135-bis et seq. of the Italian Consumer Code.
8.5 The Seller is not liable in the event of damage, of whatever nature, arising from the use of the Product in an improper manner and/or not in conformity with the instructions provided by the manufacturer, nor in the event of damage arising from fortuitous event or force majeure.
8.6 If you made the purchase in the capacity of Professional, the preceding paragraphs of this article do not apply. In this case the legal warranty is governed by art. 1490 et seq. of the Italian Civil Code (codice civile); in particular, the term for reporting any defects is 8 days from their discovery and the action is time-barred 1 year after delivery.
Art. 9 Manufacturer's Warranty
The Manufacturer's Warranty is a warranty supplementary to the Legal Guarantee of Conformity which may be provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not covered by the Manufacturer's Warranty. You may in any case assert your rights provided for by the Legal Guarantee of Conformity governed by the previous article.
Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
10.1 The purchase contracts concluded through the Site are governed by Italian law.
10.2 Without prejudice to the application, to consumer users who do not have their habitual residence in Italy, of any more favourable and mandatory provisions laid down by the law of the country in which they have their habitual residence.
10.3 It is recalled that, in the case of a Consumer user, for any dispute relating to the application, performance and interpretation of this document jurisdiction lies with the court of the place where the user resides or has elected domicile.
10.4 In the case of a professional user, on the other hand, for any dispute relating to the application, performance and interpretation of this document jurisdiction lies with the Court of the place where the Seller has its registered office as indicated in the Preamble.
10.5 The Seller informs the user who has the capacity of Consumer that, in the event that he or she has submitted a complaint directly to the Seller, following which it has nevertheless not been possible to resolve the dispute thus arisen, the Seller will provide the information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of such bodies to resolve that dispute.
10.6 Alternative dispute resolution (ADR). For disputes with consumers, the Customer may turn to the competent alternative dispute resolution (ADR) bodies, including joint conciliation (conciliazione paritetica) and the bodies registered with the Chambers of Commerce, without prejudice to the rules of D.lgs. 70/2003 (Italian Legislative Decree) on electronic commerce.
10.7 In any event, the right of the Consumer user to bring before the competent ordinary court the dispute arising from these General Terms and Conditions of Sale is unaffected, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relationships by recourse to the procedures referred to in Part V, Title II-bis of the Italian Consumer Code.
A user who resides in a Member State of the European Union other than Italy may, furthermore, have recourse, for any dispute relating to the application, performance and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims by Council Regulation (EC) no. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5.000,00. The text of the regulation is available on the website http://www.eur-lex.europa.eu.
Art. 11 Customer service
11.1 It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller at the contact details indicated in the Preamble, or by using the contact form that may be present on the Site.
11.2 The Seller replies within an indicative time of 2 days.
Art. 12 Miscellaneous
12.1 This document governs in full the relationship between you and the Seller. In any event, the rights and obligations provided for by the law applicable from time to time are unaffected.