General terms and conditions of sales
1. Definitions
Sales of product offered on our website www.pastelli.com (hereinafter “the Site”) are governed by the following General Terms and Conditions of Sales (hereinafter the Terms and Conditions”). The product offered on the site are sold directly by PASTELLI SRL (hereinafter “Pastelli”).
Pastelli is a company registered under the Italian laws, with tax and VAT N. 040344602.
2. Introduction
2.1 The goods displayed on the Site are offered on sale exclusively to individuals above the age of consent.
2.2 Reselling, rental or disposal for any commercial or professional purposes of product purchased from the Site is expressly forbidden.
Declaration of Intellectual Property (Copyright)
It 'may not copy, reproduce, republish, download, post, distribute, transmit, or distribute by any means and in any form, information, data and images taken from the site, except for permission to reproduce a single copy on a single computer for their personal use off-line, and for non-commercial purposes and in compliance with current laws relating to copyright, and intellectual and industrial property rights granted to PASTELLI.
Counterfeiting or the use of material for other purposes is a violation of copyright. All trademarks and / or trademarks on this site are property of PASTELLI, or have been licensed for use implied by their own companies.
2.3 Pastelli may modify or amend these Terms and Conditions at any moment. You are therefore asked to accept only the Terms and Conditions applicable at the time of purchase with each of your orders.
2.4 The customer is requested to read to read carefully these Terms and Conditions that can also be viewed and downloaded at any moment through link from the home page and/or from the e-mail that Pastelli will send you according to Article 3.6
3. Purchasing
OBLIGATIONS
The consumer undertakes, once the purchase procedure "on line", to print and to preserve the present general conditions, which, however, will have already seen and accepted as a necessary step in the acquisition and specifications of the product purchased, and so as to fully satisfy the conditions laid down in Articles. 3 and 4 of Legislative Decree no. No. 185/1999.
It is strictly forbidden for the purchaser to enter false and / or fantasy, in the registration process required for activating the process for the execution of this contract and the subsequent communications, and the personal and Email must be their only real personal data and not some other person, or fantasy.
It is expressly forbidden to make multiple registrations corresponding to the same person or enter data of third parties. PASTELLI reserves the right to prosecute any violation or abuse, in and for the protection of all consumers.
Compiling the data sheet in the registration process the Customer authorizes PASTELLI activating the process for the execution of this contract and the subsequent communications, the customer authorizes PASTELLI to communicate non-sensitive personal data (residence, telephone number) couriers and / or forwarding agents used for the delivery of goods purchased to allow the procedures required for their delivery.
3.1 For each product selected, you can view a web space featuring photograph of item, its unit price, its colors and sizes (if applicable).
3.2 You choose the items you are interested in, and the description of the goods being sold, including the relative measures or size (if applicable), jointly to one more digitalised photographic images allowing a correct viewing of the good itself available on the Site, will be included in your Shopping Cart.
3.3 Click on the Shopping Cart icon to view the items you have selected and total price of your order. Check that the contents of the Shopping Cart are correct before confirming your order completing the purchase form according to the instructions provided on the relevant page of the Site and confirming that you read and agreed on these Terms and Conditions.
3.4 Should you need to amend (e.g. item or number of items) or correct any error on your order, you will have to follow the instructions contained on the Site.
3.5 Upon confirmation, your order will be submitted directly to Pastelli. The purchase order shall be stored in the Pastelli system. You will be able to track the status of your order according to Article 8.3.
3.6 at the end of the purchase procedure, we recommend to download, save or print out Terms and Conditions applicable at time of completion of your order. You will also receive an e-mail, at the address you entered in the purchase form, confirming the main conditions of your purchase.
3.7 While Pastelli continues to make every effort to ensure that the photographs displayed on the Site are faithful reproductions of the original products, including adopting every technological solution possible to minimize inaccuracies, variations may occur due to the technical and color resolution characteristics of your computer. Pastelli shall not be liable therefore for the eventual inadequacy of the graphic representation of Pastelli products displayed on the Site owing to the above mentioned technical issues.
3.8 Pastelli reserves the right to reject orders from any customer with whom there is an ongoing legal dispute regarding a prior order. This applies equally to all cases in which Pastelli considers the customer unsuitable, for instance in the case of previous of Terms and Conditions for online purchases on the Site or for whatever other legitimate reason, especially where the customer has been involved in fraudulent activity of any kind.
4. Availability
4.1 you acknowledge that the products offered by Pastelli with the Service are subject to stock limits.
4.2 You cannot order a product by loading your Shopping Cart and saving it for purchase at a later Internet session. Unless you fully complete the order procedure, the contents of your Shopping Cart will be lost without trace at the end of each shopping session.
4.3 Inconvenience may occasionally occur regarding the availability of certain products. In such circumstances, we will inform you of this fact as soon as possible (and any case within the term of delivery as specified below) by e-mail or telephone. We will give you the option to order a different item of the same type or alternatively, to cancel your order.
Should you opt to cancel your order no charge will be made to your credit card. In the event that your credit card has already been charged, you will be refunded as soon as possible.
4.4 Pastelli reserves the right to change the items offered on the Site at any moment, without prior notice.
5. Completing an order
5.1 The order procedure is completed when you select the “Confirm” option. Upon confirmation, your order will be submitted to Pastelli for processing and may not be charged or cancelled except as an expressly provided in these Term and Conditions or as required by the applicable Italian Law.
5.2 Confirmation of your order will be taken as proof of your acceptance of the prevision contained in these Terms and Conditions.
5.3 The data recorder on the Site shall be treated as conclusive evidence of details of the transaction between Pastelli and the customer. In the event of a dispute between Pastelli and the customer relating to a transaction conducted on the Site, the data recorded by Pastelli shall be treated as legal evidence of the transaction.
6. Price and method of Payment
6.1 The prices of all products offered on the Site are VAT NOT INCLUDED
6.2 The prices of the products made available for Sale shall be indicated in Euros or USA Dollar.
6.3 The total amount shown includes shipping costs, as detailed below and displayed on the Shopping Cart.
6.4 Pastelli reserves the right to change the prices of the products offered on the Site at any moment and without prior notice. You will be charged the prices displayed on the Site at time your order is confirmed that the products ordered are available at that time.
6.5 Pastelli only accepts payments by credit card or banck transfert IN ADVANCE
6.6 Your order will only be dispatched once we have verified your credit card data with the bank and received authorization to debit your credit card. Your card will only be debited after your order is dispatched.
6.7 If any of the products in your order are unavailable, we will only charge you the price for the goods available.
7. Delivery limitations
7.1 For security reasons, Pastelli cannot ship any order to a P.O. Box or accept any order where it is possible to identify the individual private recipient of the order, and its address.
8. Delivery
8.1 The shipping costs are shown together with the other purchase cost at the conclusion of the order process, prior to confirmation.
8.2 Pastelli shall make every effort to deliver the ordered products as quickly as possible, and to this end may break up an order into several shipments according to the availability of the items. In this case Pastelli will inform you by e-mail or telephone and your credit card will be charged separately for the goods actually shipped. However, you will be billed total shipping costs as one single delivery.
8.3 When the parcel with the ordered items leaves the Pastelli warehouse, the express courier contacted by Pastelli will send you an e-mail to the address you entered in the purchase form. This e-mail will contain a tracking code and a unique link that allows real time monitoring of the delivery. Our Customer Service will provide assistance with any possible problem concerning the delivery; you may contact the Pastelli Client Service department by e-mail at servizioclienti@pastelli.com
8.4 Inthe event of delivery problems or late deliveries of over 10 (ten) working days after the confirmation of your order, customers are requested to notify Pastelli using the e-mail address servizioclienti@pastelli.com. Pastelli reserves the right not respond to claims made more than 30 (thirty) days after the order has been processed.
9. Conformity of orders
9.1 Goods must be checked at the moment of delivery to make sure they correspond to the items ordered.
9.2 Any eventual anomalies found at delivery (e.g. interference or damage to packing, damaged goods, missing items with respect to the waybill, etc.) may be indicated directly on the delivery note in a handwritten comment signed by the customer.
9.3 if the goods do not correspond to the ordered products the customer must promptly notice Pastelli at the e-mail address servizioclienti@pastelli.com and has the right to ask for the conformity of the order, or in any case of any unavailability of the ordered products occurred in the meanwhile, to order a different item of the same type, or alternatively, to cancel the order. Should you opt to cancel your order no charge will be made to your credit card. In the event that your credit card has already been charged, you will be refunded as soon as possible.
10. Returns and refund – Cancellation
10.1 Cancellation of your order and claims for returns and refund regarding any item purchased on the Site must be made in the following way.
a. Claims concerning possible returns of goods must be made within 10 (ten) days from the delivery date of the items to the customer by means of a request to be sent to the following e-mail address: servizioclienti@pastelli.com
b. You must fill in and send the “return card” included with the package of your order specifying the reason for return and the quantity of the items that you wish to return. Such “return card” has to be included in the return parcel.
c. The product must be returned in their original condition and original packaging.
d. You have to use the return address label enclose in the parcel sent you by Pastelli for your convenience.
10.2 The products must be returned to the following address:
PASTELLI SRL
VIA BASSE 4-6
35010 CAMPO SAN MARTINO (PD)
ITALY
10.3 Pastelli will verify whether the returned products are effectively in original condition being entitled to ask for damages in case of any damage or non correspondence with he products delivered to the customer. Pastelli shall not be liable for any item returned being lost, misdirected or delivered late, the customer assuming all shipping risks.
11. Liability for defective goods
11.1 Pastelli shall be liable for any defects in Pastelli items offered on the Site, Including non conformity of the items to the ordered products, under the terms provided by Italian law and legislative decree 6 September 2005, N.206 (Italian Consumer Protection Code that applies the correspondent EC Directives and, in particular, the principles and procedures set forth by the European Directive 1999/44/EC).
11.2 The warranty is valid upon the following cumulative conditions:
a) the defect appears within 24 months after the delivery of the products;
b) the customer formally claims the defects within a maximum of the date she recognized the defect.
11.3 Inparticular, according ti section 130 of the Italian Customer Protection Code, in the case of a lack of conformity, the customer shall be entitled to have the goods brought into conformity free of charge by repair or replacement or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods.
11.4 Any claim concerning this warranty related to the order items shall be notified by e-mail to the following e-mail address servizioclienti@pastelli.com, as confirmed by postal mail (return receipt letter) at: Pastelli srl, Via Basse 4/6, 35010 Campo San Martino, Padova, Italy.
11.5 Return shipping costs for defective products or non conformity of the products with the order (wrong item, damaged goods, etc.) will be paid by Pastelli.
12 Limitation of liability
12.1 Pastelli shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for loss of income deriving from the purchase of Pastelli products from the Site.
13. Disputes
13.1 These Term and Conditions of Sales shall be governed by and construed in accordance with the Italian law, including the legislative decree 6 September 2005 n.206 (Italian Consumer Protection Code), in particular Title III, Paragraph I, Section II, of the Italian Consumer Protection Code, and Italian Legislative decree 9 April 2003 n.70 (e-commerce law), without prejudice to any contrary overriding mandatory rule of the country of the consumer’s habitual residence.
13.2 Inthe event of a dispute the jurisdiction will be upon the courts of the place where the consumer has his/her domicile or residence according to the applicable law or, at customer’s choice in case of action started by the costumer, upon the Italian Court of Padua.
13.3 Pastelli reserves the right at any moment to modify or amend the Terms and Conditions and the Privacy Policy. These amendments shall be effective only in relation to purchase orders submitted after the date of modification or amendments.
14 Contacts
14.1 For any claim, further information or assistance on the Site or on the purchase procedure, please write an e-mail to the address servizioclienti@pastelli.com or contact Pastelli srl, Via Basse 4-6, 35010 Campo San Martino, Padova, Italy.