Legal area
All information for our customers.
1. DEFINITIONS
DEFINITIONS
The terms and phrases listed below have the meanings indicated below, it being understood that terms defined in the singular are also understood to be defined in the plural and vice versa.
Buyer: means the consumer natural person who purchases, for purposes not related to his or her commercial or professional activity, if any, one or more Products through the On-Line Shop, accepting the General Conditions.
DROP: means DROP S.r.l, headquartered in Montegranaro 63812 (FM) at Via Sandro Pertini n.1, a company that manages the retail sale of the Products through the On Line Shop on behalf of PACIOTTI Srl.
Parties: jointly means DROP S.r.l. and the Purchaser.
Manufacturer: means PACIOTTI Srl, with registered office at VIA G. CATTOLICA, 1, Zona Industriale B, zip code 62012, CIVITANOVA MARCHE (MC), VAT no. 00220950430;
General Conditions: means these general conditions of sale and any future new versions that may be published in the On-Line Shop by DROP S.r.l.
Online Store: means the virtual store, accessible through the URL https://www.paciotti.com, through which Products can be purchased.
Sale and Purchase Agreement: means the contract of sale and purchase of the Products concluded, pursuant to Article 3, between DROP S.r.l. and the Buyer through the Online Shop.
Order: means the order for the purchase of the Products sent by the Buyer, in accordance with the General Conditions and following the procedure set forth in Article 6.
Order Registration Confirmation: means the e-mail message through which DROP S.r.l. confirms to the Buyer that the Order has been registered.
Price: means the selling price of the Products as shown in the On-Line Shop under the Products themselves.
Products: means the products published in the Online Shop for the purpose of their sale.
Profile: means the area of the On-Line Shop in which Buyers can, after authentication: (i) view and modify their personal data and addresses where the Products subject to Orders are to be shipped and delivered; (ii) view past Orders; (iii) access any other specific function related to their activity in the On-Line Shop.
2. Subject
Subject
2.1 These General Terms and Conditions govern all Contracts of Purchase and Sale and form an integral part thereof.
2.2 DROP S.r.l. reserves the right to amend the General Conditions at any time without notice, it being understood that those published in the On-Line Shop at the time the Order is placed by the Buyer shall be deemed applicable to the Sale and Purchase Agreements.
2.3 In the event of any conflict between the General Conditions and any other terms and conditions relating to the Sale and Purchase Agreements published in the On-Line Shop, the General Conditions accepted by the Purchaser at the time the purchase order is submitted shall apply.
3. Conclusion of Purchase and Sale Agreements
Conclusion of Purchase and Sale Agreements
3.1 The contract between DROP and the Purchaser is concluded exclusively through the Internet network by means of the access of the Purchaser to the address of the On-Line Shop, where, following the indicated procedures, the Purchaser will arrive to formalize the proposal for the purchase of the Products offered for sale.
3.2 The purchase contract is concluded by means of an irrevocable purchase proposal by the Buyer with the completion and online submission of the Order form, as displayed on the order summary web page, printable, in which the details of the Buyer and the order, the price of the Product purchased and the shipping costs, the terms and conditions of payment, and the shipping address where the goods will be delivered are indicated.
3.3 DROP's computer system confirms as soon as possible the receipt of the order by forwarding to the Buyer an Order Registration Confirmation by e-mail, which does not produce any legal obligation, since it is merely a summary of the order. Even after sending the Order Registration Confirmation e-mail, DROP still reserves the right to reject the Order, if it shows an incorrect Price amount (even if such amount was actually indicated in the On-Line Shop) compared to the list price charged.
3.4 The purchase agreement shall be deemed executed and effective between the parties only upon execution of the Order, DROP having the option, until such time, to reject the Order or revoke an Order Confirmation.
3.5 By placing and sending the Orders, the Purchasers declare that they have read all the instructions pertaining to the mode of purchase of the Products referred to in art.6 and that they have fully accepted these General Conditions, as well as having read all the further information contained on the On-Line Shop, also referred to through links.
3.6 Orders and all Buyers' personal data required for the purposes of the conclusion and execution of the sale and purchase contract will be stored in the On-Line Shop's database, in accordance with the methods and in compliance with the provisions set forth in EU Regulation 2016/679, as implemented by Legislative Decree 10 August 2018, n. 101 and referred to in Legislative Decree n.196/2003 and will be accessible by contacting DROP S.r.l. at the references in art.15 or by accessing your Profile.
4. Availability of Products
Availability of Products
4.1 The type of Products published in the On-Line Shop and their availability may change at any time, and Buyers, by accepting these Conditions, agree that this shall not result in any liability on the part of DROP S.r.l. to Buyer for any change in the availability or unavailability of the Products.
4.2 The indication regarding the availability of Products is not binding, it being understood that Products indicated as "unavailable" cannot be ordered. In the event of the unexpected unavailability of a Product indicated as available at the time an Order is placed by a Buyer, DROP will notify Buyer by email:
-inability to accept the Order, if the asset is permanently unavailable and will then provide a refund;
- what is the waiting time to obtain the purchased Product temporarily unavailable, asking the Buyer whether he/she wishes to confirm the order or not. In the event that the Buyer does not confirm the order, DROP will provide a refund.
5. Price
Price
5.1 The sales prices shown on the site are inclusive of VAT, if applicable due to the country where the products are shipped. The sales prices applicable to the Buyer are those published online at the time the purchase order is submitted. These prices may be subject to change without prior notice. It is the Buyer's responsibility to verify the final price before submitting the purchase order. Seller reserves the right to charge different sale prices depending on the country in which the products are shipped. All product prices on the Web Site are exclusive of shipping costs.
5.2 In the event that there is a recognizable error in the indication of the price of a good or in the calculation of the amount requested in payment, the Seller will not accept the order and will contact the Buyer to enable him to transmit the purchase order with the correct amount.
6. Method of sending Orders
Method of sending Orders
6.1 In order to proceed with placing Orders, Buyers may register in the On-Line Shop by entering all "mandatory" data and choosing a password to submit Orders and to access, even at a later time, their Profile.
6.2 The Buyer shall ensure that his/her "login" details are not disclosed to third parties. DROP will not be held responsible if third parties manage to access Buyer's account using his "login" details.
6.3 The Purchasers may purchase the Products by selecting them in the section of the On-Line Shop dedicated to the type of Product sought and placing them in the "shopping cart". Having verified the correctness of the data relating to the chosen Product(s) and the "shipping information", the Customers must choose the payment method referred to in art.7.
7. Methods of payment
Methods of payment
7.1 The Purchaser may make payment by means of major credit cards (Mastercard and Visa circuits) and PayPal, except for other additional means of payment that may be indicated by DROP in the On-Line Shop. DROP reserves the right to change, at any time, the means of payment that may be used by Purchasers, it being understood that those published in the On-Line Shop at the time the Orders are placed by Purchasers shall be deemed usable.
7.2 In the case of payment by credit card, the charge to the Buyer shall be made, having verified the credit card details and received the charge authorization from the company issuing the credit card used by the Buyer, at the same time that DROP sends the Order Confirmation.
7.3 Credit card information sent during the placing of Orders is protected and is sent directly to the Payment Service Provider handling the payments. PayPal data is handled directly by PayPal. Credit card data and PayPal data are not accessible by DROP or any third party, either at the time of placing the Orders or thereafter. DROP reserves the right to make request to the issuing bank of the credit card used to verify the actual ownership of the card or similar request to PayPal in case of problems.
7.4 Where required by the relevant legal regulations in force, DROP will send Buyers regular tax invoice. It should be noted that, according to Article 22 of Presidential Decree No. 633 of 26/10/1972 and Article 2, letter oo) of Presidential Decree No. 696 of 21 December 1996 (as confirmed by Resolution No. 274/E of November 5, 2009), in the online sale to the seller is not required to issue an invoice (nor a receipt or fiscal receipt) to the consumer purchaser (i.e., not holder of a VAT number). However, the consumer purchaser may request from DROP the issuance of the tax invoice, if desired, during the purchase process. In this case Drop S.r.l. will send the requested invoice to the indicated e-mail address. If the invoice is not requested in the course of the purchase procedure, it cannot under any circumstances be requested and issued afterwards. If the consumer purchaser does not request the issuance of the invoice, DROP will still send the consumer - to the e-mail address indicated - a receipt of purchase, without fiscal validity, useful only for the purposes of assistance or warranty.
7.5 For the purpose of issuing the invoice, the information provided by the Buyer shall be deemed authentic. No change in the invoice will be possible after it has been issued by DROP.
7.6 The information received by DROP pursuant to this Article 7 shall be used solely for the purpose of completing the procedures relating to the sale of the Products and for refund procedures in the event that Buyers exercise their right of withdrawal under Article 9.
7.7 Any refund to which the Purchaser is entitled shall be credited by means of transfer to the same means of payment used at the time of purchase within a maximum of 30 (thirty) days from the date on which DROP became aware of the cause generating the right to reimbursement, without prejudice to the provisions in the event of withdrawal pursuant to Articles 9.4 and 9.6.
7.8 In accordance with our company policy and as required by Directive 2014/55/EU, no tax invoices will be issued for countries belonging to the European Commission.
8. Shipping and delivery of the Products, shipping charges and duties
Shipping and delivery of the Products, shipping charges and duties
8.1 "Shipment" of the Products means the delivery of the same to the couriers selected from time to time, depending on the Product covered by the Order and the place of destination. The Products delivered to the couriers are shipped to the address indicated by the Purchasers when placing the Order.
8.2 The timing of the fulfillment of Orders may vary, from the same day of the order to a maximum of 5 (five) working days, within which once accepted the order will begin the execution of the same. In the event that the shipment can not be made within that period will be given timely notice by e-mail to the Buyer, indicating the deadline by which the order will be processed. Delivery times may vary depending on the country of destination and other factors not directly controllable by DROP and not attributable to it.
8.3 The Order fulfillment times referred to in clause 8.2, cannot, in any case, be considered binding and DROP, being unable to directly control the deliveries of the Products subsequent to their shipment, cannot be held liable in any way for their non-compliance.
8.4 Buyers registered under Article 6.1 can check their order information and processing status by going to the "My Orders" section of their Profile. Non-registered Buyers may contact Customer Service at the following email address: customercare@paciotti.com
8.5 Order tracking can be done by Buyers only after the Products have been shipped and using the tracking information communicated by DROP by e-mail.
8.6 The purchaser (or any other person at the address specified for delivery of the Products in the Order Confirmation, who is presumed to be authorized to receive delivery) is required to verify, at the time of delivery, that: (i) the Products correspond to what is indicated in the courier's transport document (DDT) both in number and type; (ii) the packaging/wrapping of the Products is undamaged, undamaged, not wet or otherwise altered, including the sealing materials.
8.7 Any damage to the packaging/packaging of the Goods must be immediately disputed by the Buyer (or the person receiving the delivery at the address indicated in the Order confirmation) by placing a written control reservation on the courier's proof of delivery. It is understood that once the courier's document has been signed without any objection, the Buyer may no longer raise any objection to DROP with reference to the external characteristics of what has been delivered.
8.8 The Products may be delivered by couriers only to the Buyer or to persons authorized by the Buyer; the person who is at the address indicated for delivery of the Products in the Order Confirmation is presumed to be authorized. The person receiving delivery of the Products must affix a signature to certify delivery. Couriers do not deliver to post office boxes or by placing Products in letterboxes or other similar places.
8.9 Shipping costs vary depending on the destination countries and shipping methods chosen and will be calculated and indicated in the purchase procedure before the order is placed by the Buyer, as well as shown in the summary of the order placed.
9.0 We ship using the DDP (Delivery Duty Paid) method for CE countries, USA, Canada, Australia, New Zealand, Singapore, Hong Kong and the United Kingdom. For all other countries, DDU (Delivery Duty Unpaid) is used, so the courier may come with a separate invoice requesting payment of duties and taxes required by local authorities. The Buyer residing in a non-EU country is advised to inquire about local taxes and duties, before placing the order with the Seller.
9. Right of withdrawal
Right of withdrawal
9.1 The purchaser, as a "consumer" (i.e. a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out), has the right, pursuant to and for the purposes of art.52 et seq. of Legislative Decree no.206/2005, to withdraw from the Sale and Purchase Agreement, without the need to give reasons, within 14 (fourteen) days from the date of delivery of the Products purchased. Withdrawal is not permitted for the types of products for which this is expressly excluded under Article 59 of Legislative Decree no. 206/2005 as amended (for example, for goods made to measure or clearly customized).
9.2 To exercise the right of withdrawal, the Buyer, in accordance with Article 54 of the Consumer Code, may use, at its discretion, one of the following methods: ● transmission to DROP of the withdrawal form posted on the Site and found at the following link https://www.paciotti.com/pages/returns , completed in full; ● transmission to DROP at the following address: customercare@paciotti.com of an explicit statement of intent to withdraw from the contract. The Buyer must compulsorily state in the email for the exercise of the right of withdrawal or in the return form the order number that will be found in the Order Registration Confirmation referred to in Article 3.3.
9.3 Upon receipt of the withdrawal request, DROP will promptly email Buyer an acknowledgement of receipt.
9.4. In the event of withdrawal, Buyer will be refunded all amounts paid, including any shipping costs (but except for additional costs resulting from Buyer's possible choice of a means of delivery other than the least expensive means of standard delivery offered by DROP), minus - if applicable - the cost of return, as well as any customs charges for returns from countries outside the EU. Said refunds will be made without undue delay and in any event no later than 14 (fourteen) days from the day DROP was informed of Buyer's decision to terminate the Contract. Said refunds will be made using the same means of payment used by Buyer for the initial transaction.
9.5. Unless DROP has offered to collect the products subject to Buyer's exercise of the right of withdrawal itself, Buyer shall return or deliver the products to DROP without undue delay and in any event within 14 (fourteen) days from the day on which Buyer has notified DROP of its intention to withdraw from the Contract. The deadline shall be deemed met if the Buyer returns the products before the expiration of the 14 (fourteen) day period to the following address: Paciotti S.p.A. Via Cattolica 1 ind.le zone B 62012 Civitanova Marche (MC) - Italy tel.: 0733/7906429 Please note that fine leather products, subject to C.I.T.E.S. (Convention on International Trade in Endangered Species of Wild Flora and Fauna signed in Washington in 1973) certification and delivered outside the territory of the European Union, may be returned only if accompanied by the certificate issued by the competent body. The Buyer who intends to return such type of goods will therefore be required to obtain the necessary documentation for the return of the products and to bear the related costs, which in no case can be held against DROP.
9.6 Unless DROP has offered to pick up the Products itself, DROP may suspend reimbursement until receipt of the Products or until Buyer demonstrates that it has returned the Products, whichever occurs first.
9.7 The Buyer shall return the products in undamaged condition, undamaged, with original labels not removed and in the original packaging. The packaging of the products must be accurate in order to safeguard the original wrappings from damage, affixing of writing or labels.
9.8. In the event of forfeiture of the right of withdrawal due to expiration of the terms or in the event that the return cannot be accepted because it does not comply with the conditions referred to in art.9.7, DROP will notify the Buyer by registered mail A.R.; the product, if already sent back, will remain available at the Paciotti Srl warehouse so that the Buyer can arrange for its collection at his own care and expense. Shipping costs and the price of the product, if already refunded, will be charged back to the Buyer.[4]
10. Defects/Deformities of Products/Legal Warranty of Conformity/Product Liability.
Defects/Deformities of Products/Legal Warranty of Conformity/Product Liability.
10.1 If the Products have a warranty recognized by the Manufacturer of the Products (commercial/conventional warranty), any defects/shortcomings of the Products must be reported by the Buyer directly to the Manufacturer in the manner and under the terms specified in the warranty.
10.2 The Products sold through the On-Line Shop to the Purchaser, as a "consumer", shall benefit from the legal conformity warranty provided for by articles 128 et seq. of the Consumer Code ("Legal Warranty"). In order to benefit from this warranty, the Purchaser must keep and exhibit the invoice (or the purchase receipt or DDT) that he/she will receive at the same time of delivery.
The Legal Warranty may be claimed for any lack of conformity existing at the time of delivery of the product, provided that the lack of conformity has manifested itself within the term of 2 (two) years from the delivery of the product. The Buyer must report the lack of conformity by contacting Customer Service in the manner indicated in Article 16; this report must contain an accurate and complete description of the defects or faults complained of. In such a case, Customer Service is required to acknowledge the Buyer's communication and instruct the Buyer to ship the defective product.
The Buyer may request, at its discretion, to repair the product or to replace it, without charge to it, unless the remedy chosen is objectively impossible or excessively burdensome compared to the other taking into account all the circumstances and, in particular, those listed in Article 135-bis, paragraph 2, Consumer Code.
Paciotti Srl may refuse to bring the goods into conformity by repair and replacement if repair and replacement are impossible or if the costs it would have to bear are disproportionate, taking into account all the circumstances, including those referred to in Article 135-bis, paragraph 2, letters a) and b), Consumer Code.
The Buyer may request, at its discretion, an appropriate price reduction or termination of the Contract where any of the following situations occur: (i) Paciotti Srl has failed to carry out the repair or replacement or has not carried out the repair or replacement, where possible, pursuant to Article 135-ter, paragraphs 1, 2 and 3 of the Consumer Code or has refused to bring the goods into conformity pursuant to the preceding paragraph; (ii) a lack of conformity is manifested despite Paciotti Srl's attempt to restore conformity to the goods; (iii) the lack of conformity is so serious as to justify the immediate reduction of the price or termination of the contract of sale; (iv) Paciotti Srl has declared or it is clear from the circumstances that it will not restore the conformity of the good within a reasonable period or without significant inconvenience to the Buyer.
It is understood that the Buyer has no right to terminate the contract if the lack of conformity is minor. Where, after collecting the product, it is verified that the reported lack of conformity actually exists, any costs of transport, repair or replacement of the product will remain the responsibility of Paciotti Srl. Otherwise, that is, where it is verified that the reported lack of conformity does not exist or that there are no prerequisites for the applicability of the Legal Warranty, the Legal Warranty will not operate and all transportation costs as well as the costs related to the verification of the alleged lack of conformity will be borne by the Buyer, who will be notified. Buyer acknowledges and agrees that any defects or damages occurring after the time of delivery of the goods such as, for example, those caused by improper use by Buyer or third parties are not covered by the Legal Warranty.
10.3 The manufacturer of the Products shall be liable for any damage caused by defects in the Products.
11. Privacy
Privacy
11.1. The data controller of Buyers' personal data is Paciotti Srl. DROP processes Buyers' personal data as a Data Processor, appointed for this purpose pursuant to Article 28 of the EU Regulation 2016/679. The purposes and methods of processing are specified in the Privacy Policy published on the website and available at the following link https://paciotti.com/pages/privacy
11.2 DROP represents and warrants that Buyers' personal data will be processed in accordance with the provisions of Legislative Decree 196/03 and the provisions set forth in EU Regulation 2016/679, as amended, as implemented by Legislative Decree No. 101 of August 10, 2018.
12. Errors and/or inaccuracies in the On-Line Shop
Errors and/or inaccuracies in the On-Line Shop
12.1 DROP states that it regularly checks the On-Line Shop in order to avoid possible errors or inaccuracies. However, it is possible that the On-Line Shop still contains, or may over time contain, errors, inaccuracies or omissions.
112.2 DROP therefore reserves the right to correct errors, inaccuracies or omissions contained in the On-Line Shop, even after an Order has been placed and likewise reserves the right to change or update information at any time without prior notice to users.
13. Applicable law
Applicable law
These General Terms and Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - which in articles 50 to 67 regulates distance contracts - and by Legislative Decree 70 of 09/04/2003 on electronic commerce) and must be interpreted in light of this.
14. Online Dispute Resolution/Jurisdiction
Online Dispute Resolution/Jurisdiction
14.1 The Buyer has the option of using the platform established by the European Commission for the resolution of disputes related to online sales contracts ("ODR Platform"). Through the ODR Platform the Buyer and DROP may resolve disputes relating to purchases made online through the assistance of an impartial body.The ODRPlatform is accessible at following link
https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
14.2 Any dispute that may arise between the Parties in connection with the validity, interpretation, performance and termination of these General Conditions or of each Contract shall be under the exclusive jurisdiction of the Court of the place of residence or domicile of the Consumer Buyer, if located in the Italian territory If the Consumer Buyer is not resident or not domiciled in the Italian territory, but in any case in an EU country, for any dispute that may arise between DROP and the Buyer regarding the interpretation of the General Conditions and the execution of the Contract, in case of an action brought by DROP, the latter shall bring the action before the Court of the place of domicile of the consumer; in case of an action brought by the Buyer, the latter may bring the action alternatively before the Italian Court or the Court of the place where the same Buyer resides or is domiciled. If the Buyer is not resident or domiciled in an EU country, for any dispute that may arise between DROP and the Buyer regarding the interpretation of the General Conditions and the performance of the Contract, in the event of an action brought by DROP, the latter may choose between the Court of Fermo or Milan, alternatively between them; in the event of an action brought by the Buyer, the Court of Milan shall have exclusive jurisdiction.
15. Contact
Contact
The Customer Service Department, which the Buyer can contact for any information, to request assistance or file complaints, can be reached at the following numbers:
Drop S.r.l. Customer Service
customercare@paciotti.com
+39 02 87188461
https://www.paciotti.com/pages/contact