GENERAL CONDITIONS OF SALE
1.SUBJECT OF ON-LINE CONTRACT – DEFINITIONS – COMMERCIAL TERMS B2B AND B2C
The term “on-line” sales agreement shall mean the contract be remote sales of moveable property entered into between PIEROBON 1952 S.r.l., with registered office in 41032 Bologna (BO) Italy, via Della Salute, 18/5 – P.I. 00870391208 (hereinafter referred to as the Supplier) and a Client operating within the field of the remote sales organised by the supplier, which for such agreement will exclusively use the means of remote communication, known as “internet”.
All agreements made via this service, shall be finalised by the Client’s access to the internet site corresponding to the web address www.pierobonframes.com where, following the procedures indicated, the agreement for the sale of the goods will be finalised.
With reference to the general conditions of sale, the Client will be considered to be a consumer in the event that it is a physical person acquiring the goods and services for reasons not directly referable to the professional activity carried out (B2C) while it will be considered a commercial enterprise if the same is VAT registered (B2B).
Purchase through our web store is allowed in both cases in line with the respective regulations governing the different categories of clients.
Hereunder we will include the conditions of sale which will be applicable until such time that they are modified by the Supplier and which, upon order, will be considered to have been fully and unconditionally accepted by the Client.
Any amendments to the conditions of sale will become applicable at the time that they are published on the website www.pierobonframes.com and will apply to sales made from that moment onward.
2.TERMS OF SALE AND CLIENT REGISTRATION
In order to purchase one or more products, the client must register on our web store.
This procedure entails communication of personal data to the Client, necessary for delivery of the products and also to draw up the invoice.
The Client assumes responsibility for any erroneous data provided.
No variation to the invoice will be possible once this has been issued.
At the time of the order the client must insert their VAT Number (B2B) or Tax Number (B2C), or similar identification number applicable in the State of the client.
The purchase will, therefore, be made by the Client by properly filling in the order form.
Acceptance by the Supplier will be given by a confirmation e-mail sent to the email address of the Client.
In the confirmation email, the supplier will place the date and time of the order, the data supplied by the Client and the order number which will, from that moment, become the reference number to be used in any correspondence between the Supplier and the Client.
The Supplier has the right to annul or defer orders, in whole or in part, if it becomes impossible to make the supply for causes attributable to force majeure or if stocks run out at the time that the order is received from the Client.
In these circumstances the Supplier is exempt from obligations previously undertaken by accepting the order to the exclusion of any possibility of claiming direct or indirect damages.
4. CONCLUSION OF AGREEMENT – PRICES OF SALE
The agreement shall be deemed to have been concluded and shall become effective when the Supplier PIEROBON S.a.s. – having received the electronic order form from the Client – sends a confirmation email in terms of point 3 above.
The agreement will therefore be considered to have been finalized at the premises of PIEROBON 1952 S.r.l., which accepts the offer for purchase as delivered by the client.
The price of sale of products shown in the website www.pierobonframes.com, are quoted net of VAT (22% in Italy).
Transportation costs related to delivery of the products can be seen on the dale deed.
The total amount resulting at the end of the order is:
– including the VAT (22% in Italy) for the shipments in the Countries belonging to the European Union;
– without the VAT/taxes for the shipments in the Countries not belonging to the European.
5. MODES OF PAYMENT
The clients shall pay using the procedure described on the site when making the order.
The following credit cards are accepted VISA – MASTERCARD – MAESTRO.
6. TRANSPORT AND DELIVERY OF GOODS
Transport costs shall be borne by the clients.
The Supplier selects the carrier, provided that the same shall act as simple mandatory of the Client, who will bear the transport costs and risks.
Transport of goods is, in fact, governed by the contract conditions to be found at the links www.dhl.com, www. ups.com and www.tnt.it,, which the Client will need to read prior to confirming the sales order and which will be considered to have been accepted when the order is sent.
All transport costs and risks, including those of storage at the carrier, will be exclusively borne by the Client even in case of :
– refusal by the Client to receive the delivery from the carrier;
– inability to locate the Client during working days at working hours.
Delivery date shall mean the date when the carrier makes the first attempt to deliver the products at the address of the Client, even if the delivery is not successfully made due to the absence of the Client or his refusal to accept the goods.
The client is also responsible for clearing the products from customs or any ancillary activity connected thereto, besides payment of other dues and customs fees and any other tax and/or fee payable in the country of destination of the shipment.
The Supplier shall package the product for delivery as deemed appropriate and is not responsible for any possible damage, breakage, or defect which could result after the product leaves the Supplier’s warehouse.
Goods will be packaged in line with current experience of use, unless otherwise specifically requested in writing by the Clients at the time of the order.
Delivery times of each product will, from time to time, be specified in the catalogue to be found on the web store. nevertheless, such information is to be deemed as purely indicative and not binding for the Supplier.
The Supplier undertakes to make every reasonable effort to deliver the shipment according to delivery schedules specified on the web store and, in any case, carry out the delivery in a maximum time frame of 30 (thirty) days from the order confirmation except for goods not available in the warehouse
The Client may opt to apply an insurance policy to cover the products during the delivery, at an additional cost to be borne by the Client itself, which is subject to change depending on the carrier selected, such costs will be agreed on the basis of the rates applied by the carrier.
No responsibility can be attributed to the Supplier for delay or missed delivery imputable to a case of force majeure or fortuitous events.
The present conditions of sale shall govern the products present in the catalogue published on the site www.pierobonframes.com.
The Supplier reserves the right to amend the on-line catalogue, without giving any prior notice.
The Supplier shall advise the Client, by not later than 15 days from receipt of the order, of whether the product is available and the timescales within which it would become available.
All products present in the online catalogue will include photographs and a technical description of the same product, including the price net of VAT (22% in Italy).
In the event that the Client so requests, the Supplier will provide additional information. Photos of the products found in the online catalogue are merely descriptive and do not correspond exactly to the characteristics of the same products which could differ in colour, size and accessories etc.
WARNING: all products supplied by PIEROBON 1952 S.r.l. are exclusively designed for competitive sports practiced on appropriate sport circuits.
PIEROBON 1952 S.r.l. disclaims any responsibility for consequences which could arise from improper use of the products supplied, including use of the same on public streets which is severely prohibited by law.
It also disclaims any responsibility for damage arising from improper use or assembly of the product supplied.
8. DELIVERY TIMES
Bearing in mind the particular category of the products supplied by Pierobon 1952 S.r.l. and the frequent difficulty of their production, timescales applicable to preparation, delivery and shipment of such products, if not specifically agreed to, are not obligatory nor essential but are to be intended to be indicative and not binding on the Supplier.
Possible delays in delivery cannot therefore give rise to penalties nor payment of damages or interest nor to termination, even partial, of the agreement for the default of the Supplier.
In the event that the Supplier must postpone delivery of the products with respect to the timescales envisaged, on the request of the Client or for causes imputable to the latter, any additional costs (warehousing, movement of goods, transportation etc.) will be borne by the Client.
The Supplier does not assume responsibility for non-fulfillment attributable to force majeure including accidents, explosions, fire, strike and/or lock out, earthquakes, floods or similar events which partly or wholly prevent the Supplier from complying with the time frames agreed in the agreement.
The latter will not be responsible towards any party for damages, loss and costs incurred as a result of non compliance with the agreement, for causes referred to above, and the Client would only have a right to reimbursement of the price paid.
10. RIGHT OF WITHDRAWAL
The “consumer” (a physical person for the purchase of goods and services for reasons not directly referable to the professional activities undertaken) who, for whatsoever reason, is not satisfied with the purchase made, has the right to withdraw from the agreement, without incurring any penalty and without giving any reason, within ten working days from the date of receipt of the products.
In terms of Italian Law No. 206/2005 (Consumer Protection Policy), a request for withdrawal must be made by registered letter, with return receipt, to be sent within the above referred to 10 day period to the company PIEROBON 1952 S.r.l. at its registered office at 41032 Bologna (BO) Italy, via Della Salute, 18/5.
A telegram or fax can be sent within the same term, as long as within 48 hours, the above referred to registered letter with return receipt confirming the withdrawal is sent (arts. 64 and 65 of the Consumer Protection Policy). In the registered letter the consumer must indicate that it would like to exercise its recession rights, the order number given at the time of the purchase, its personal details (name, surname, address, telephone number, current account, account holder and IBAN Code) the product codes of the products that he intends to return and must attach the original fiscal deed attached to the products being delivered together with a copy of the list of material purchased.
The consumer cannot exercise such right of withdrawal from sale agreements for tailor made products or personalized products (article 55 of the Consumer Policy)
All products purchased in their original state and in their original packaging, with no missing part, and complete of all parts and accessories fully undamaged and all relative instructions manuals must be returned within the above referred to 10 days with will all delivery costs to be exclusively borne by the consumer (art. 67, sub-articles 1 and 2, Consumer Policy).
Expenses incurred in returning the products will be paid by the consumer (art. 67, sub-article 3, Consumer Policy) who will assume all responsibility for the transport of the products until delivery to the Supplier’s premises. .
Once the merchandise is received, the Supplier shall return the amount paid by the consumer as price of the goods, excluding transport expenses, within 30 days, and at the bank currency applicable within the said term (article 67 and sub-article 4, of the Consumer Policy).
Payment will be made by bank transfer using the bank details (ABI, CAB, IBAN, of the current account holder), which the consumer will communicate to the Supplier on the deed of withdrawal from the agreement.
The right of withdrawal can be applied exclusively to the entire product and not parts thereof.
If the right of withdrawal expires, the Supplier will return the product to the sender and charge to the latter all transport costs.
No right of withdrawal shall exist in favour of resellers, companies, associations or any VAT registered person. Reference in the purchase order of a VAT number will qualify the Client as a “professional” and thereby exclude his being defined as a “consumer”.
11. WARRANTIES AND AFTER SALES ASSISTANCE
PIEROBON 1952 S.r.l.. produces and sells high quality products on which it gives the legal producers warranty specifically referred to in the technical description and/or manual of use of the single products.
In order for the Client to be able to benefit from the guarantee, he must retain the invoice received on delivery of the product.
In any event, the warranty does not cover those parts of the product which are subject to wear and tear.
Exclusively for Clients which qualify as “consumers” (physical persons who purchase goods and services not reasons not directly referable to the professional activities carried out) the warranty is valid for 24 months from delivery of the product (in terms of article 132 sub article 1 and sub-article 2 of the Consumer Policy).
In the event of non-conformity of the product, the consumer has the right to claim that such non conformity is remedied by repair or substitution or by a reduction in price or the termination of the agreement, in line with the provisions of article 130 of the Consumer Policy. In line with article 130 sub article 2 of the Consumer Policy, the consumer shall forfeit his warranty rights if the same does not report the non-conformity within two months from the date on when it is discovered.
Non consumer clients do enjoys the warranty in terms of article 1490 of the civil code and forfeit the same if they do not report the defects to the seller within eight days from discovery in terms of article 1495 of the Italian civil code.
The warranty is in any case excluded in case of improper use of the product by the Client, accidental breakage or malfunction due to wrong or missed maintenance of the product, or bad repairs carried out on the same.
The Client’s mishandling and/or disassembly of the product will also exclude warranty rights.
12 OBLIGATIONS OF PURCHASER
The purchaser shall exercise all the actions to be performed by him, including the correct entry of date on the purchase form until payment and receipt of the products ordered, with precision and diligence.
The Client/consumer shall also, once the on-line purchase procedure is complete, print the same and retain the general conditions of sale which, he would already have read and accepted in the course of one of steps in the procedure of sale, and the features of the product forming the subject of the purchase, even for the purpose of satisfying the conditions in terms of article 53 of the Consumer Code.
13. CONTRACT TERMINATION AND EXPRESS RESOLUTION PROVISION
The Supplier can terminate the agreement stipulated by giving notice to the Client giving a justified reason; in such case the Client shall only have the right to the reimbursement of the amount already paid. The obligations assumed by the Client and the guarantee that payment will be received by the Supplier are essential conditions, in such way that by express declaration, default by the client to any one of such obligations shall bring about the termination of the agreement in terms of article 1456 of the Civil Code without the need for recourse to legal proceedings, except for the rights of the Supplier to claim further damages.
14. APPLICABLE LAW, JURISDICTION AND COMPETENT COURT
Sale agreements stipulated “on-line” on the website www.pierobonframes.com are governed by Italian law.
All disputes on the application, implementation and breach of the sale agreement stipulated “on-line” on the website www.pierobonframes.com will be resolved in terms of Italian law.
All disputes on the interpretation and the execution of the “on-line” sale agreements on the website www.pierobonframes.com shall be exclusively referred to the Court of Bologna.
Exclusively with respect to the agreements conclusively by clients who qualify as “consumers” all disputes between the parties with respect to the agreements shall be brought before the Court of the province where the consumer is domiciled, if domiciled in Italy, in terms of article 63 of Law No. 206/2005.
Personal data is collected to register the Client and to commence the procedure to conclude the present agreement and to proceed with the relative necessary correspondence. .
Provision of data is entirely optional, refusal to provide such data could result in Pierobon S.a.s being unable to supply the products sold on the internet site.
Personal data is handled electronically in line with current laws in force and can be published only on the express request of judicial authorities or of any other authority authorised by law.
Personal data will be communicated to parties expressly authorised to carry out the activities necessary for the purpose of executing the agreement stipulated and will be divulged strictly for such purpose.
Processing of personal data shall take place for a period of time not exceeding that strictly necessary to reach the above described scope.
Where an invoice is requested, the information received will be transmitted to the accounting firm appointed to handle the accounts of the Supplier.
The interested party enjoys the rights in terms of article art. 13 of Italian Law No. 196/03, that is: to request confirmation of the existence, at PIEROBON 1952 S.r.l., of its personal data; to know the origin, the logic and the scope of the processing thereof, to update, supplement and amend them; to request the cancellation, the anonymous transformation or the blocking thereof in case of illegal processing of data; for legitimate reasons, to object to its processing or in case of use of the date for delivery of publicity material, commercial information, market research, direct sales and interactive commercial communication.
PIEROBON 1952 S.r.l. is the owner and party responsible for the collection of data. PIEROBON 1952 S.r.l., can be contacted at the address indicated on the site, and the cancellation/variation of the said data may be requested at the present email address firstname.lastname@example.org.
16. PREJUDICIAL CONTRACT CLAUSES
The client expressly declares that, in terms of articles 1341 and 1342 of the Civil Code it approves and accepts the following clauses: