Terms and Conditions
1. SCOPE OF APPLICATION
1.1 The sale of products through the Site (Products) constitutes a distance contract governed by Chapter I, Title III (articles 45 and following) of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.3 These General Conditions of Sale do not regulate the sale of products and/or the provision of services by subjects other than PiùService owned by Carnio Valter, which are present on the site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. PiùService owned by Carnio Valter is not responsible for the provision of services and/or for the sale of products by such subjects. Valter Carnio is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of the law on the part of the websites that can be consulted through these.
2. PURCHASES ON THE SITE
2.1 PiùService owned by Carnio Valter reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these General Conditions of Sale and/or the conditions and/or terms of a purchase contract with Vf; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to payments by credit card; (iv) by users who have released false, incomplete or otherwise inaccurate identification data or who have not promptly sent the documents from the same request to PiùService owned by Carnio Valter on the basis of these General Conditions of Sale or who have sent invalid documents; (v) by users who do not give sufficient guarantees of solvency. In any case PiùService owned by Carnio Valter reserves the right to cancel orders referring to transactions that do not present an absolute degree of authenticity.
2.2 With regard to purchases on the site, it could occur that: the purchase process contains one or more material errors; the Product Sheet, as defined below, contains incorrect information due to clerical errors (e.g.: the price of the Product); due to material error a Product is indicated as available and instead is not available during the preparation of the order. In these cases, or in similar cases, the user can request the cancellation of the order or obtain, in agreement with PiùService owned by Carnio Valter, a different Product, subject to any adjustment relating to the purchase cost.
3. REGISTRATION ON THE SITE
3.1 The purchase of Products on the Site is permitted only to registered users.
3.2 Registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to make sure that no one has access to them, as well as to inform Valter Carnio's PiùService without delay in case of suspected misuse and/or disclosure of the same. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful. The user agrees to hold PiùService owned by Carnio Valter harmless from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials. To cancel your profile, please send us the request via email to info@piuesse.it
4. INFORMATION DIRECTED FOR THE CONCLUSION OF THE CONTRACT
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, PiùService owned by Carnio Valter informs the user that:
to conclude the purchase contract for one or more products on the site, the user must fill in an order form in electronic format and send it to PiùService owned by Carnio Valter electronically, following the instructions that will appear from time to time on the site and that will accompany the different phases of the purchase;
the contract is concluded when the order form reaches PiùService owned by Carnio Valter.
once the order form has been registered, PiùService owned by Carnio Valter will send the user, via e-mail to the e-mail address indicated, the order confirmation, containing information relating to the characteristics of the Product purchased, the detailed indication the price, the means of payment used, the delivery costs and any additional costs as well as the contacts of the Customer Service, which the user can contact to request assistance and/or file complaints. Please keep the e-mail received as proof of purchase. The General Conditions of Sale and the information on the right of withdrawal, as well as the Privacy Policy of PiùService owned by Carnio Valter, will be available via the link at the bottom of the order confirmation e-mails of the purchased Product which refer to the relative pages of the Site.
5. VALIDITY OF OFFERS AND PRICES
5.1 All Product prices are expressed in Euros (€) and are inclusive of Value Added Tax ("VAT"), unless otherwise specified. Any additional cost will be expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
5.2 The price of the Products may be modified by PiùService owned by Carnio Valter at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet which illustrates the main characteristics of the Product (Product Sheet) at the time of sending the order. Any changes (increases or decreases) in the price following the transmission of the order will not be taken into account.
5.3 Products at discounted prices may be offered for sale on the Site. The full price indicated on the Site (Barred Price), and with respect to which the discount that applies is calculated, corresponds to the list price published on the Site.
6. PURCHASE ORDERS - PRODUCT INFORMATION
6.1 PiùService owned by Carnio Valter will process the purchase order, and then ship the purchased Product, with the exception of orders for which the Customer has chosen "cash to courier" as payment method, only after receiving confirmation of the authorization to pay the total amount due, consisting of the purchase price, delivery costs, if applied, and any other additional cost, as indicated in the order form (Total Amount Due). In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will therefore be considered automatically terminated pursuant to and for the purposes of art. 1456 of the civil code
6.2 The Products will remain the property of PiùService owned by Carnio Valter until payment by the user of the Total Amount Due. The risk of loss or damage to the Products, for reasons not attributable to PiùService owned by Carnio Valter, on the other hand, will be transferred to the user when the user, or a third party designated by him and other than the carrier, physically takes possession of the Products.
6.3 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. Furthermore, the images of the Product in the Product Sheet may differ in terms of vintage and/or size or in relation to any accessory products. These images must therefore be understood as indicative and with usage tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
6.4 The purchase of gift vouchers does not affect the payment threshold which, once exceeded, gives the user the right to obtain free delivery of the Products.
7. AVAILABILITY OF PRODUCTS
7.1 The products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
7.2 In any case of unavailability of the Product ordered, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail or by phone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code or in any case in which the payment of the Total Amount Due has already taken place, PiùService owned by Carnio Valter will reimburse this amount without undue delay and, in any case, within the maximum term 15 working days from the date of collection. This amount will normally be credited to the same means of payment used by the user for the purchase or to a different means agreed between the user and PiùService owned by Carnio Valter. Any delays in the credit may depend on the bank, the type of credit or by the payment solution used.
7.3 In the case of orders involving a plurality of Products (Multiple Order), if the unavailability concerns only some Products covered by the Multiple Order, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.2, PiùService owned by Carnio Valter will immediately notify the user by e-mail or telephone. The user will therefore be entitled to terminate the contract, limited to the Product/s that have become unavailable, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code. In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code, in relation to the Product/s that have become unavailable or in any case in which the payment of the Total Amount Due has already been made, PiùService owned by Carnio Valter will refund of the amount due in relation to such Product/s, including delivery costs and any other additional cost due in specific relation to such Products (Partial Amount Due) without undue delay and, in any case, within the maximum term 15 working days from sending the order. The refund amount will be communicated to the user via e-mail or telephone. This amount will be credited to the same means of payment used by the user for the purchase or via any means agreed between the parties. Any delays in crediting may depend on the bank.
8. DELIVERY OF PURCHASED PRODUCTS
8.1 The amount of delivery costs due by the user in relation to a specific order is expressly and separately indicated (in Euros and inclusive of VAT) during the purchase process, in the order summary and, in any case, before that the user proceeds with the transmission of the same. In the event of omitted indication of a specific delivery term, it will take place, in any case, within thirty days from the date of conclusion of the contract.
8.2 The delivery obligation is fulfilled by transferring the material availability or in any case control of the Products to the user.
It is up to the user to check the conditions of the Product that has been delivered/that he has collected. It being understood that the risk of loss or damage to the Products, for reasons not attributable to PiùService owned by Carnio Valter, is transferred to the user when the user, or a third party designated by him and other than the carrier, materially takes possession of the Product, recommends that the user check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials and is invited, in his interest, to indicate on the carrier's transport document , any anomalies, accepting the package with RESERVE (e.g. damaged package, wet package). The unreserved receipt of the Products, in fact, does not allow the user to take legal action against the courier and/or PiùService owned by Carnio Valter, in the event of loss or damage to the Products, except in the case where the loss or damage are due to willful misconduct or gross negligence of the courier and with the exception of partial loss or damage that cannot be recognized at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the user is also advised to promptly notify the Customer Service of PiùService owned by Carnio Valter. In any case, the application of the rules on the right of withdrawal remains valid and legal guarantee of conformity.
8.3 The provisions of art. 61 of the Consumer Code in the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation.
9. BILLING
piuesseshop.com does not require the issuance of the invoice (nor of the receipt or tax receipt) to a final consumer. If you wish to request the issuance of the invoice, you must send an email to info@piuesse.it within 6 working days of the order confirmation. It will be necessary to communicate the order number, the invoice header, the relative VAT number and SDI code in the text of the e-mail.
10. METHOD OF PAYMENT
9.1 Payment for the Products can be made by bank transfer.
9.1.2 In order to guarantee the security of payments made on the Site and to prevent any fraud, PiùService owned by Carnio Valter reserves the right to ask the user, by e-mail, to send, by the same means, a front/facing copy back of your identity card and, if the holder of the order is different from the holder of the card, of the identity card of the latter. The document must be valid. The deadline within which the document must reach PiùService owned by Carnio Valter will be specified in the request e-mail. This term will not, in any case, exceed 5 working days from receipt of the request by the user. Pending the requested document, the order will be suspended. The user is required to send the requested documents within the indicated deadline.
9.1.3 If PiùService owned by Carnio Valter does not receive these documents within the term specified in the request e-mail or receives expired or invalid documents, the contract will be considered automatically terminated pursuant to and for the purposes of art. 1456 of the civil code and PiùService owned by Carnio Valter may reserve the right to cancel the order, with consequent reimbursement of the Total Amount Due.
9.2.4 In the event of receipt by PiùService owned by Carnio Valter of valid documentation within the term indicated in the e-mail referred to in art. 9.3.2 above, the delivery terms will start from the date of receipt of the same.
9.4 Bank Transfer
9.5.1 If the user decides to pay by bank transfer, the order will be shipped as soon as PiùService owned by Carnio Valter has received the credit of the amount relating to the order.
10. RIGHT OF WITHDRAWAL
10.1 The user who plays the role of consumer has the right to withdraw from the contract concluded with PiùService owned by Carnio Valter without incurring costs other than those indicated in this article and without having to specify the reason, within fourteen (14) calendar days (Period of Withdrawal). The Withdrawal Period expires after 14 days:
in case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Product;
in the case of a Multiple Order with separate deliveries, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last Product;
in case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the last lot or piece.
10.2. To exercise the right of withdrawal, the user must inform PiùService owned by Carnio Valter of his decision to withdraw, before the expiry of the Withdrawal Period.
10.3 To exercise the right of withdrawal, the user must send a request by email to info@piuesse.it with an explicit declaration of his decision to withdraw from the contract (Declaration of Withdrawal). Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the user, it is in the user's interest to keep a copy of the email sent to PiùService owned by Carnio Valter with the Declaration of Withdrawal.
10.4 For the return of the Product, the user can use a carrier of his choice with return costs borne by the user: in this case, the user, after having exercised the right of withdrawal in the manner indicated in this article, must return the Product to PiùService owned by Carnio Valter using a carrier of his choice and at his own expense, without undue delay and in any case within 20 calendar days from the date on which he communicated to PiùService owned by Carnio Valter his decision to withdraw. The deadline is met if the user sends back the Product before the period of fourteen days has expired. The Product, suitably protected and packed, must be sent to the following address:
-Telephone +39 041 584 1733
-Time to call us: 8:30-12:30 am / 2:00-5:30 pm
The direct costs of returning the Product to PiùService owned by Carnio Valter are charged to the user. The return of the Product to takes place under the responsibility of the user.
If the user has used a discount code to purchase the Product for which he has exercised the right of withdrawal, the refund will be made only with reference to the amount of money actually spent by the user, and not with regard to the value of the discount code.
10.5 If the user withdraws from the contract, PiùService owned by Carnio Valter will reimburse the Total Amount Due paid by the user for the Product, without undue delay and in any case no later than 14 calendar days from the day on which PiùService owned by Carnio Valter has received the Products subject to withdrawal in the same conditions in which they were sold. The refund will be made using the same means of payment used by the user for the initial transaction or the different means agreed between the parties; in any case, the user will not have to incur any additional costs as a result of such reimbursement.
10.6 In the event of partial withdrawal, the amount of the delivery costs to be returned to the user following the withdrawal will be calculated in proportion to the value of the goods subject to withdrawal.
10.7 The user is solely responsible for the decrease in the value of the goods resulting from handling the Product other than those necessary to recognize the Product with certainty. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, accompanied by all the accessories present, still attached to the Product and intact and not tampered with, as well as free from signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product.
10.8 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. PiùService owned by Carnio Valter will notify the user, rejecting the request for withdrawal. The Product, if already received at Piùservice, will remain at PiùService owned by Carnio Valter at the user's disposal for collection, which must take place at the expense and under the responsibility of the user.
10.9 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to clearly identify the same, the refund amount will be reduced by an amount equal to that decrease in value. PiùService owned by Carnio Valter will notify the user of the circumstance and the consequent reduced refund amount, providing the same, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product.
10.10 In the event that, using one of the hypotheses of the law, the right of withdrawal does not find application, this exclusion will be given specific and express communication in the Product Sheet and, in any case, during the purchase procedure, before the user proceed with the transmission of the order. In any case, the user is reminded that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded, among other things, in the event that the sale concerns:
(i) products made to measure or clearly personalized;
(ii) of sealed products that do not lend themselves to being returned for hygienic or health protection reasons, which have been opened after delivery.
11. MISCELLANEOUS
11.1 By placing an order on the Site, the user gives his consent to receive the invoice, if requested, only in electronic format. The invoice can be printed and filed as an original in accordance with Ministerial Circular 45/E, 10/19/2005. For the issuance of the invoice, the information provided for this purpose by the user will prevail, which he declares and guarantees to be true, undertaking to hold PiùService owned by Carnio Valter harmless and indemnified from any damage, including penalties issued by the competent authorities, which may same derive in the case of non-correspondence to the truth of the same.
11.2 Photos, texts, descriptions and everything contained on the Site are the property of PiùService owned by Carnio Valter. The integral or partial reproduction of any part of the Site is prohibited; the reproduction of texts or photos for any use and in any form and in any case without the prior written authorization of PiùService owned by Carnio Valter is also prohibited
11.3 PiùService owned by Carnio Valter is not responsible for any damage suffered by the user or third parties or to property owned by the user or third parties due to delays in delivery or related to the use of the Product.
12. LEGAL WARRANTY OF CONFORMITY
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Legislative Decree n. 128-135 of the Consumer Code (Legal Guarantee). The Legal Guarantee is reserved for consumers. Therefore, it is applied only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not qualify as consumers will be covered by the guarantee for defects in the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.
13. APPLICABLE LAW AND JURISDICTION; OUT OF COURT SETTLEMENT OF DISPUTES - ALTERNATIVE DISPUTE RESOLUTION / ONLINE DISPUTE RESOLUTION
13.1 The contracts concluded between the users of the Site and PiùService owned by Carnio Valter are governed by Italian law. Without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for returning the Products, in the event of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
In any case, the right of the consumer to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale is reserved.
14. CUSTOMER SERVICE AND COMPLAINTS
14.1 It is possible to request information, send communications, request assistance or file complaints by contacting Customer Service in the following ways:
Telephone: +39 041 584 1733
by sending us a request by email to info@piuesse.it
14.2 PiùService owned by Carnio Valter will respond promptly to the complaints presented, in any case within five working days of receipt of the same.