General conditions of sale on the site shop.pernici.it
These general conditions of sale govern the sales of Cereria Pernici Srl”, with operational headquarters in Via Buratti, 20/c – Via C. Correnti, 49 24124 Bergamo, Tel +39 035 342048, Italy. P.IVA IT00402910160 (hereinafter referred to as “Cereria Pernici”) to any natural or legal person (“Client“) who purchases at a distance through the Internet via the website shop.pernici.it and may be periodically updated. The conditions published on the site shop.pernici.it and also accepted implicitly at the time of check-out shall be considered effective and binding.
1. Mode of purchase
A descriptive sheet is displayed for each product chosen, with the image and essential characteristics (color, size, unit price, etc.). The images and colors of the products offered for sale on shop.pernici.it may not correspond to the actual ones due to the Internet browser and/or monitor used: Cereria Pernici is not responsible for any inaccuracies due to the configuration or malfunction of the Customer‘s terminal.
2. Availability of products
The products offered for sale and their price are those indicated on the website shop.pernici.it. The owner of the site may change at any time and without notice the products offered for sale on the site itself and their price.
Product availability indicated by the site refers to that expected at the time the Customer places the order. This availability is not guaranteed even if the order confirmation is sent because: i) the products may be sold to other
3. Prices
The price of each item is shown in euros including VAT for E.U. countries, excluding shipping costs.
The cost of shipping is indicated before payment and calculated in relation to the destination of the goods.
In the event of any error, even computer error, which may result in a substantial and unforeseeable change in the price making it exorbitant or clearly incongruous or derisory, the order shall be automatically cancelled and what has been paid shall be returned.
4. Orders
The placing of a purchase order implies knowledge of these general conditions of sale and privacy policy published on the site shop.pernici.it and their unconditional acceptance. Orders must be placed according to the procedure indicated by the site. The purchase of products offered for sale on the site can be made by Customers who have reached the age of majority and are acting exclusively on their own behalf making truthful statements about their identity.
The sale and/or distribution of products purchased on the site is prohibited.
Cereria Pernici reserves the right to notify the Client by e-mail of any unavailability or inability to accept orders received.
5. Faculty to refuse an order
All sales prices of the products displayed and indicated within the website shop.pernici.it constitute an offer to the public with the right of Cereria Pernici to refuse the order and are exclusive of VAT; the cost of shipping will be calculated at the time of the order.
In the case of delivery outside the state of Italy, any costs for taxes or fees provided for by the regulations in force in the state of destination will be borne by the Customer.
6. Deliveries
Cereria Pernici will deliver to Customers the products selected and ordered, to the destination address specified in the order. In case of absence of the addressee at the time of delivery, a notice will be left and the Customer must personally contact the courier as soon as possible to agree on the method of delivery.
Delivery will be made by carriers mainly at street level.
No liability can be attributed to Cereria Pernici for delayed or non-delivery attributable to force majeure or unforeseeable circumstances.
7. Billing
The Customer agrees to pay the price of the ordered products by payment in the manner indicated on the site following the appropriate instructions.
The shipped goods will be delivered with a receipt.
8. Limitation of liability
Cereria Pernici assumes no responsibility for inefficiencies attributable to force majeure or to the work of the forwarding agent that prevented, in whole or in part, the execution of the contract in the agreed time.
Likewise, Cereria Pernici is not responsible for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for products purchased on the site shop.pernici.it
Without prejudice to cases of willful misconduct or gross negligence on the part of Cereria Pernici , it is hereby agreed that if Cereria Pernici is found to be liable to the Client in any capacity whatsoever , Cereria Pernici ‘s liability shall not exceed the price of the Products purchased by the Client and for which the dispute has arisen. Liability shall in any case be limited to the return of the price in the event of non-delivery, without prejudice to the Client ‘s right to recourse against the shipper for any damages
9. Communications
The Client consents to the use by Cereria Pernici, of the use of tools such as Electronic Mail or automated unattended calling or fax systems.
10. Properties of Products
Ownership of the Products offered on shop.pernici.it passes to the Customer after full payment for the Products or their delivery, whichever occurs last. The risks of breakage or deterioration of the Products pass to the Customer upon delivery.
11. Right of withdrawal
Manifestation of intent to return must be sent to Cereria Pernici at the e-mail address listed on the site or by traditional mail in such a way that its expression is clear.
The following formula is recommended: “The undersigned ________ hereby notifies you of the return of the product(s) placed under order No. ____ received on _________”
Following the return Cereria Pernici will refund all payments made by the Customer, including delivery costs within 14 days, if possible using the same payment instrument used by the Customer at the time of purchase.
The Customer is required to return the products without undue delay and in any case within 14 days from the day he/she communicated his/her wish to return.
The cost of returning the goods shall be borne by the Client as long as the Client uses the return documents provided by Cereria Pernici and ships the goods from the country where delivery took place.
12. Warranty and service arrangements
Cereria Pernici markets products of a high quality level. In case of imperfections or anomalies not to be explicitly attributed to Cereria Pernici given the very nature of the products offered in the catalog, the Client may contact the company directly through the contact channels indicated on the site.
13. Obligations of the Client
The Customer undertakes, once the purchase procedure provided by the site shop.pernici.it is completed, to provide for the printing and storage of these general conditions, which, moreover, will have already viewed and accepted as an obligatory step in the online order shipment phase.
It is expressly forbidden to make duplicate entries corresponding to one person or to enter data of third persons.
14. Security and personal data
Cereria Pernici has taken reasonable security measures to protect the personal data and information provided from improper access or use.
Bank details are not recorded or retained on the site.
As much as Cereria Pernici has taken all possible precautions to ensure the security of personal data, it must be kept in mind that data transmission over the Internet is never completely secure and that any information disseminated online could be collected and used by parties other than those to whom it was directed.
15. Intellectual Property
All site content (drawings, illustrations, photographs, text, graphics, descriptions, trademarks, images, videos) is the exclusive property or availability of Cereria Pernici.
It is forbidden to reproduce, distribute, publish, disseminate, copy, modify or sell by any means, partially or totally, the content of the site.
16. Customer service
For more product-related information, contact Customer Service at the e-mail address listed on the site.
17. Applicable Law and Jurisdiction
Contracts concluded between the Client and Cereria Pernici are governed by Italian law. If the Client is a consumer, the relevant provisions of the Consumer Code shall apply.
For any dispute between Cereria Pernici and the Client, the Court of Bergamo or, if the user is a Consumer, the Court of the place where the user resides or has elected domicile shall have jurisdiction.
Customers established in Europe can use the platform for resolution of any disputes arising from the online contract concluded on this site at the following link: https://webgate.ec.europa.eu/odr.
18. Vexatious clauses
Pursuant to and in accordance with Articles 1341 and 1342 of the Civil Code, specific approval of the following clauses is requested:
5 (Right to refuse an order); 8 (Limitation of liability): 17 (Applicable law and Jurisdiction).
The vexatious clauses listed above, and forming part of the General Conditions must be explicitly accepted by the Customer, otherwise the order cannot be concluded. For this purpose they are re-proposed at the end of the order and are subject to the activation of an acceptance flag by the Customer.