TERMS & CONDITIONS
These General Conditions of Sale and Use cover long distance purchase of products via the internet on the website www.argentierepagliai.it.
All purchases are regulated by clauses of Legislative Decree D.Lgs. 185/99, D.Lgs. 206/05; direct information at the moment of contract closure is subject to article 12 of Legislative Decree D.Lgs. 70/03 and, as regards privacy, is subject to Legislative Decree D.Lgs. 196/03 (privacy).
The General Conditions of Sale can be changed at any time, except in the case of the right of withdrawal of the user. Any changes and/or new conditions will be in vigour from the moment of their publication on the site. The applicable General Conditions are those that are in vigour on the date the purchase order is sent.
The present conditions do not regulate the sale of products or the supply of services by parties other than Argentiere Pagliai which may be present on the website via links, banners or other hypertext connections. Before undertaking commercial transactions with subjects of this kind the user should check their conditions of sale. Argentiere Pagliai is not responsible in any manner for the supply of services or the sale of products by such subjects, nor for content in their sites including possible errors and/or omissions and/or violations of the law by such subjects.
CONTRACT CLOSURE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
Before proceeding to the conclusion of a sales contract it is necessary to register on the website, giving name, surname, email address and password (hereinafter referred to as “registration credentials”). Registration on the site is free. Registration is confirmed by an email sent to the address provided by the user. The registration credentials must be used exclusively by the user and cannot be transferred to third parties.
The user will consider Argentiere Pagliai free from any obligation of compensation, and/or any kind of associated sanctions, connected to the violation by the user of the website’s registration rules. The user is exclusively responsible for access to the website using the registration credentials and is directly responsible for all damages or injuries caused to Argentiere Pagliai or to third parties by improper use, loss or misappropriation by others or for the lack of adequate care in the protection of the registration credentials. All actions made using the registration credentials are considered to have been taken by the client to whom those credentials refer.
Contracts of sale of products on the website are considered concluded when the purchase order, in electronic format, is transmitted electronically by the customer to Argentiere Pagliai following step-by-step instructions that appear on the site and when the latter accept it by sending to the user, at the email address supplied, a confirmation email containing a link to access a summary of the General Conditions, information on the characteristics of the product purchased, price details, means of payment used, methods for exercising the right of withdrawal, shipping costs and any additional costs. Contracts will only be considered to have been concluded, if the customer has accepted the General Terms and Conditions of Sale during the purchase.
The client, with the electronic transmission of their purchase order, declares to have read and accepted these general contractual conditions and undertakes to observe and respect them during all contacts with Argentiere Pagliai.
TREATMENT OF PERSONAL DATA
Argentiere Pagliai, in accordance with article 13 of Legislative Decree DLs 196/2003, states that all personal and fiscal data acquired, even verbally, as part of commercial relationships, whether directly provided by the interested parties, or otherwise acquired during the Company’s activity, will be processed in compliance with the aforementioned law and for the above purposes, including the required confidentiality obligations. In relation to the aforementioned, the rights referred to in Article 7 of the Legislative Decree DLgs 96/2003 may be exercised.
Before sending the purchase order, the customer must carefully read these general conditions of sale. The submission of the purchase order implies full knowledge and acceptance of them.
Once the online purchase procedure has been completed, the customer is, as a last step, obliged to print and keep these General Terms and Conditions of Contract, previously viewed and accepted during the concluding phase of the contract.
The offers published on the site are available for limited periods and in limited product quantities. The validity date of the offers is shown on the website. All prices shown on the site are expressed in Euro. The products will remain the property of Argentiere Pagliai until payment of the purchase price and costs by the customer. Argentiere Pagliai will process the purchase order only after receiving confirmation of the authorization to pay the total amount due, as indicated in the order. The customer purchases the product, the characteristics of which are illustrated online in the relative descriptive and technical sheets, at the price indicated therein, with the addition of the delivery costs specified on the website. Before the purchase order is forwarded, the unit cost of each selected product is summarized, along with the total cost in the case of the purchase of several products and the related delivery costs.
Once the purchase order has been submitted, the client will receive from Argentiere Pagliai an email message confirming that the purchase order has been received and containing information on the main features of the purchased item, a detailed breakdown of the price, delivery costs, applicable taxes and means of payment and containing reference to the General Conditions of Contract, information on the existence of the right of withdrawal, with the terms and conditions of its exercise displayed on the site.
The customer can make the payment due by credit card or bank transfer. Argentiere Pagliai accepts every payment method accepted by PAYPAL.
The customer can use the PAYPAL payment procedure, which ensures the confidentiality of data provided by customers. At the moment of first purchase, the user will be asked to communicate their details for the receipt. If a full invoice is deemed necessary, the customer is required to indicate this during the purchase process. In case of non-payment, Argentiere Pagliai will charge the costs related to the management of the outstanding payments to the customer and will refuse the related purchase order, communicating this via email.
DELIVERY OF PRODUCTS
The purchased good is delivered by courier to the address specified by the customer during the online order. The user is solely responsible for the address provided for shipping. Any specific requests must be communicated to Argentiere Pagliai by the client. In case of impediments to delivery due to force majeure Argentiere Pagliai will contact the customer by email to inform him of the delay in delivery times. Argentiere Pagliai cannot be held responsible for any delays due to acts of third parties and / or force majeure.
LEGAL WARRANTY OF CONFORMITY AND DEFECTIVE PRODUCTS
The products sold on the website are covered by the Legal Warranty of Conformity provided for in art. 128 – 135 of the Consumer Code, this warranty is for Consumers only.
The images and colours of the products published on the site may differ from the real ones due to local system settings and/or the devices used for their visualization.
Argentiere Pagliai is liable to the Consumer for any lack of conformity at the time of delivery of the product or that occurs within two years of said delivery. The defect must be reported to Argentiere Pagliai, under penalty of forfeiture of the guarantees, within one month from the date on which it was discovered.
In case of lack of conformity of the purchased product compared to its presentation on the website, the user has the right to request the repair or replacement of the product, at no additional cost, where this is possible, if the product is still available, and excluding the replacement or repair if it is excessively burdensome for the seller in relation to the value of the non-defective product. Alternatively, the user has the right to terminate the contract or to have a price reduction.
Unless proven otherwise, it is presumed that those conformity defects that occur within six months from the delivery of the product, already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect. In order to take advantage of the legal guarantee, the user must therefore provide proof of the date of purchase and delivery of the goods. Products that are repaired, modified or in any way altered by the user are excluded from the legal guarantee. Also excluded from the scope of the Legal Warranty are any faults, malfunctions or other defects caused by accidental use or by user responsibility, in other words due to a use of the product that does not conform to its intended use and/or as indicated in the technical documentation supplied with the product, if any, or in the instructions for its use.
Products purchased on the website are subject to regulations on the sale of consumer goods.
RIGHT OF WITHDRAWAL
Returns are free at Argentiere Pagliai, the consumer therefore has the right to withdraw from the contract, without indicating the reason, within 14 days of the day on which he or a third party, not the carrier, and designated by him, acquires the physical possession of the last good pursuant to art. 5 of Legislative Decree n. 185 of May 22, 1999.
To exercise the right of withdrawal, the customer is obliged to inform Argentiere Pagliai of the decision to withdraw from the contract with an explicit declaration (for example, a letter sent by registered mail, fax or email).
If the customer withdraws from the purchase contract, all payments he/she has made in our favour will be reimbursed, including delivery costs (with the exception of additional costs resulting from the customer’s choice of a type of delivery other than the less expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day in which we are informed of the decision to withdraw. Such reimbursements will be made using the same payment method used for the initial transaction, unless it has been expressly agreed otherwise; in any case, the customer will not bear any costs as a consequence of such reimbursement.
The refund can be suspended until receipt of the goods. The customer is only held responsible for a reduced value of goods when it results from use of the goods in a way contrary to the nature, characteristics and function of the goods.
In case of exercise of the right of withdrawal for only part of the order, only the price of the returned products will be reimbursed. In case of partial withdrawal of the order, the customer who has benefited during the initial order of free shipping due to having exceeded a minimum order value, may be charged for the shipping costs corresponding to the order made if the latter is of lower value than the minimum purchase required to obtain free shipping.
EXPRESS CANCELLATION CLAUSE
In the case of non-payment of all or part of the purchase price of the product, Argentiere Pagliai reserves the right to declare the contract cancelled, according to and for the purposes of art. 1456 of the Civil Code, by sending a written communication to the customer’s email address.
For any complaint or clarification, the customer must write to the email address [email protected] The customer will be contacted for clarification.
APPLICABLE LAW AND JURISDICTION
This contract is regulated by Italian law. The jurisdiction and exclusive forum for any legal action brought by the Purchaser under this warranty or any additional legal guarantees will be the Court of Florence. In the case of Argentiere Pagliai’s victory in any eventual legal action, the plaintiff will have to reimburse Argentiere Pagliai for expenses, including any attorney fees and court fees incurred by Argentiere Pagliai for its defence.
For anything not expressly provided for in this contract, the provisions of current Italian law apply.
CONTENTS OF THE WEBSITE AND INTELLECTUAL PROPERTY RIGHTS
The contents of Argentiere Pagliai, such as, by way of example, artworks, images, photographs, dialogue, music, sounds, videos, documents, drawings, figures, logos and any other material, in any format, published on the website, including menus, web pages, graphics, colours, diagrams, tools, fonts and web design, diagrams, layouts, methods, processes, functions and software are protected by copyright and all other intellectual property rights of Argentiere Pagliai and other rights holders. The reproduction, modification, duplication, copying, distribution, sale, or other exploitation of images and contents of the website is forbidden unless previously authorized by Argentiere Pagliai. Any use of the website contents for commercial and/or advertising purposes is also prohibited.
All other distinctive products that distinguish the range of products sold on the website are trademarks registered by their respective owners and are used by Argentiere Pagliai under license, for the sole purpose of distinguishing, describing or advertising the products on the website. Any use of the distinctive marks mentioned above and not in accordance with the law, being unauthorized, is prohibited. It is not allowed in any way to use any distinctive mark shown on the website to take advantage of its distinctive character or of its reputation or in such a way as to harm it and its owners.
Under no circumstances can the user alter, change, modify or adapt the site, or the material provided by Argentiere Pagliai.