GENERAL CONDITIONS OF PEPPER STYLE BY BISETTI SRL FOR ON-LINE SALES (DISTANCE CONTRACTS)
1. GENERAL INFORMATION
1.1 The present general conditions (the “General Conditions”) are governed by Legislative Decree 6 September 2005 n. 206 (“Consumer Code”) detailing the provisions for the protection of consumers and in particular articles 50 to 68 on distance sales.
1.2 The General Conditions apply to the purchase orders of the products (the “Products”) issued on-line on this website (the “Site”) for deliveries to be carried out exclusively in Italy (including the Republic of San Marino and the Vatican City). It is not possible to order the Products to be delivered outside Italy (except for the Republic of San Marino and the Vatican City).
1.3 By checking the “I accept the Terms and Conditions” box that appears during the online purchase in the “Shop” section, the buyer accepts all the terms and conditions set out below. In the absence of express acceptance of the General Conditions, it will not be allowed to complete the on-line purchase.
1.4 Pepper Style by Bisetti reserves the right to modify the General Conditions at any time without notice. However, changes will have no value against the purchase orders that were sent before the publication of the changes on the Site.
1.6 By accepting of the General Conditions and therefore with the issuing of the purchase order, the buyer gives consent for all communications to be sent and received by e-mail. The cost depends on the rate applied by the Internet service provider.
1.7 The buyer will be responsible for providing a correct e-mail address and for all the information entered at the time of the order or at the opening of the account.
1.8 For questions regarding the General Conditions, for any claim or communication of withdrawal, cancellation of the order, return and refund, please contact: Pepper style by Bisetti srl Via Nichini, 11 28028 Pettenasco (No) Italy – E-mail: firstname.lastname@example.org or Telephone number: +39 0323 89116 – Fax Number: + 39 0323 89690 from Monday to Friday from 08.00 to 12.00 and from 13.30 to 17.30
2. ISSUE OF THE ORDER AND PURCHASE CONDITIONS
2.1 The buyer may purchase the Products by accessing the “Shop” section of the Website. The purchase order will be issued automatically at the end by filling in all the required fields. Only the Products in the online catalogue of the Site can be purchased in the “Shop” section at the time of purchase.
2.2 The correct receipt of the order will be confirmed by Pepper style by Bisetti srl with an e-mail sent to the e-mail address provided by the buyer. The confirmation message will include the company name of Pepper style by Bisetti srl, the address of the registered office, the essential characteristics of the purchased product, the price of the purchased product including taxes and additional charges, delivery costs, the methods of payment and delivery, right of cancellation policy, the methods and times for returning the products in case of cancellation, information on assistance services and on existing commercial guarantees. The confirmation message will contain the reference number of the order to be used in any subsequent communication with Pepper style by Bisetti srl.
2.3 Pepper style by Bisetti srl will send the Products available in stock within one working day from the receipt of the order.
2.4 In case of non-execution of the order due to unavailability – even temporary – of the Products, Pepper style by Bisetti srl, within thirty days from receipt of the order, will inform the buyer via email at the e-mail address provided and will consequently proceed to refund the sums eventually paid.
3.1 The Product will be delivered to the buyer within the date indicated in the confirmation email and, in any case, within maximum thirty days from the date of receipt of the order. The delivery date indicated in the order confirmation must be considered purely indicative.
3.2 Pepper style by Bisetti srl may, at its discretion, decide to make several partial deliveries. In this case, the buyer will not be charged with any additional costs of delivery.
3.3 The ordered products will be delivered in the original design, however Pepper style by Bisetti srl reserves the right to make changes to the Products that do not alter the functionality of the Product.
4. PRICES AND DELIVERY EXPENSES
4.1 All prices of the Products contained in the on-line catalogue of the “Shop” section are expressed in Euro. All prices must be considered inclusive of VAT and do not include delivery costs. The Products are sold at the list prices in force at the time of the order.
4.2 Delivery costs are indicated during the order issue procedure (€ 9.76 up to 10 kg and € 18.30 over 10 kg). Delivery costs may vary: however, these changes will not have any value against purchase orders issued prior to the publication of changes on the Site.
4.3 The purchaser undertakes to reimburse Pepper style by Bisetti srl for any additional expenses incurred by shipments or movements caused by a failure by the purchaser to comply with the agreements made for the date, time and place of delivery.
4.4 Delivery costs for European countries are indicated during the order issue procedure (€ 18.30 up to 10 kg and € 36.60 over 10 kg) even for orders over € 69. Delivery costs may vary, however, these changes will not be kept into account for any order made prior to the publication of changes on the Site.
5. PAYMENT AND SHIPMENT
5. 1 Payment of the Products may be made in one of the following ways:
• PayPal (information at: www.paypal.com); using this method of payment, the shipment of products usually takes place one working day from the order by the customer.
• Payment upon delivery (Cash on delivery) – additional charge of € 4.50 (VAT included); using this method of payment, the shipment of products usually takes place on the working day following the order by the customer.
• Advance Bank Transfer – on our bank account IBAN: IT61 A 05034 45550 000000120049; using this method of payment, the time of processing and then delivery of products are extended by at least 2/3 working days.
5.2 Pepper style by Bisetti srl allows the buyer to make online payments in complete safety and security thanks to an automatic encryption system of the information entered and the assistance of an external provider.
6 RIGHT OF CANCELLATION/NON-COMPLIANT PRODUCTS
Section 1: Right of cancellation
6.1 The buyer, whether a consumer or someone purchasing the Products for other business purposes, has the right to cancel the purchase – without penalty and without specifying the reason – within 14 working days from the date of delivery of the Product.
6.2 The right of cancellation may be exercised by sending, within the deadline indicated in paragraph 6.1 above, a written communication to the Pepper style by Bisetti srl office by registered letter with acknowledgment of receipt. The communication can be sent, within the same term, also by telegram, telex, e-mail and fax, provided it is confirmed by registered letter with acknowledgment of receipt within the following forty-eight hours. The date of the postmark of the accepting office will be considered as the date of sending.
6.3 The Products need to be in a resalable condition in order to exercise your right of return. The right of cancellation, therefore, cannot be exercised if the buyer has not taken adequate measures to ensure that the Product can be returned in the same condition in which it was received (including the original packaging). The buyer must take all appropriate and possible measures to preserve the Product and do everything possible to ensure that the Product is returned to Pepper style by Bisetti srl in perfect conditions.
6.4 The buyer who has exercised the right of cancellation is required to return the Product within 14 days from the date of delivery to the following address: Pepper style by Bisetti srl Via Nichini, 11 28028 Pettenasco (No) Italy
6.5 Should the buyer have already made one or more payments, these will be reimbursed by Pepper style by Bisetti srl within thirty days from the date on which Pepper style by Bisetti srl will be informed of the request of return and without further costs for the buyer.
Section II: non-compliant products
6.6 Any defects in conformity of the Product ( for example, delivery of the wrong product, different color or design) must be reported to Pepper Style by Bisetti srl in accordance with the terms and conditions set out in Article 132 of the Consumer Code at the e-mail address: email@example.com.
6.7 The buyer will be contacted by the assistance and the costs of return and new delivery of the Product will be paid by Pepper Style by Bisetti srl.
6.8 Except as established for the right of withdrawal, the buyer-consumer will also have the right to resort to legal means provided for in Part IV Title III Chapter I (from Article 128 to 135) of Legislative Decree 6 September 2005 n. 206 (“Consumer Code”) relating to any lack of conformity of the existing Product at the time of delivery
7 INSTALLATION AND USE
7.1 Parts, accessories and consumer goods purchased online must always be installed and used in accordance with the instructions provided in the User Instruction Manual and in the Installation Guide. The Manual and the Installation Guide are available on the Site at the Services section/Manuals.
7.2 Spare parts and accessories must be installed and used exclusively with Pepper style by Bisetti srl products, unless otherwise indicated in writing by Pepper style by Bisetti srl.
7.3 The buyer is responsible for the correct installation and use of the Products purchased online. WARNING: Always read and follow the Instruction Manual provided and/or the Installation Guide on the packaging of the Products ordered and/or on the Site.
7.4 Pepper style by Bisetti srl will take no responsibility for complaints related to (a) an unintended use of the Product or its handling, (b) use with equipment for which the Product has not been designed.
WARNING: incorrect use and non-compliance with the instructions provided may cause damage to persons.
8 ASSISTANCE AND MAINTENANCE
8.1 For any information regarding the assistance service of Pepper style products by Bisetti srl, refer to the After Sales Assistance page.
9 FORCE MAJEURE
9.1 Pepper style by Bisetti srl will not be held responsible for non-compliance or delays in the execution of the order in the case in which such non-compliance or delays are caused,
impediments such as interruptions of work, labour unions, suspension of transport and any other cause that may integrate an impediment due to force majeure or unforeseeable circumstances.
10 APPLICABLE LAW
10.1 The General Conditions are governed by Italian law.
10.2 For any dispute relating to the General Conditions, the law in the buyer’s residency jurisdiction will apply, in the case in which the buyer is also the final consumer. In all other cases, the territorial jurisdiction will be exclusively that of Pordenone, Italy.
Information pursuant to art. 13 of Legislative Decree no. 196/2003 for requests sent through the site. The undersigned company informs you that, the data you have provided by filling in the fields indicated below, will be processed for the sole purpose of processing your request for the purchase of our products, limited to the execution of the related legal and contractual obligations. The provision of data is optional, however, failure to provide it will make it impossible to complete the order.
The data provided will be processed both on paper and online, as well as electronically in order to process your request, through systems suitable to protect the confidentiality of your data. The data provided will be kept for the time strictly necessary to process your request and all data processors (will have access under the relevant law) depending on authorization and any responsible of the Company.
We inform you, finally, that the art. 7 of the aforementioned Legislative Decree allows each subject, who may wish to know about the processing of their personal, specific rights.
Pepper style by Bisetti srl Via Nichini, 11 28028 Pettenasco (No) Italy
Responsible for feedback, pursuant to and for the purposes of art. 8 of Legislative Decree no. 196/2003, is Pepper style by Bisetti srl Via Nichini, 11 – 28028 Pettenasco (No), Italy.
Communications may be made in writing by sending a request:
• by ordinary post to the address above;
• by fax: 0323/89690;
• by e-mail: firstname.lastname@example.org Art. 7 D.Lgs. 196/03 (rights to access personal data and other rights)
1. The interested party has the right to obtain confirmation of the existence or not of personal data concerning him / her, even if not yet registered, and their communication in intelligible form.
2. The interested party has the right to obtain information regarding:
a) the origin of personal data;
b) the purposes and methods of the processing;
c) the logic applied in case of treatment carried out with the aid of electronic tools;
d) the identifying details of the holder, of the responsible and of the designated representative according to article 5, paragraph 2;
e) the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the territory of the State, managers or agents.
3. The interested party has the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention of those to whom the data have been communicated or disseminated, also as regards their content and with the exception case where such fulfilment proves impossible or involves a use of means manifestly disproportionate to the protected right.
4. The interested party has the right to object, in whole or in part:
a) on legitimate grounds, to the processing of personal data concerning him / her, even though they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
With regard to the procedures for exercising your rights, please refer to the provisions of articles n. 8 and 9 of Legislative Decree 196/03.