GENERAL INFORMATION

These general terms and conditions (hereinafter referred to as “General Terms”) are drafted in compliance with the Italian Civil Code, Italian Legislative Decree no. 70 dated on 08.04.2014 concerning company information services and electronic commerce, and Italian Legislative Decree no. 206 dated on 06.09.2005 (the so-called Consumer Code) and, in particular, Chapter I of Title III of Part III (Art. 45 to 67), governing the supply and sale of products through the website http://www.pugnettiparma.com (hereinafter the “Site”).

Products marketed with “Pugnetti Parma” trademark and offered for sale on the Site (hereinafter the Products or Product) are sold by “PUGNETTI PARMA” di Filippo Pugnetti, with registered office in Noceto (PR – Italy), Via Fermi n. 2 43015, P.iva 02753830344 c.f. PGNFPP83R28G337G, owner of the Site (hereinafter also the “Seller”).

1) SCOPE

1.1 These General terms shall govern all sale agreements signed by the Seller via the Site.

1.2 General terms are subject to change at any time by Seller. Each user (hereinafter “User”), therefore, is advised to consult the last published version before purchasing.

1.3 However, each order will be governed by the last published version of the General Terms in force at the date the order is placed.

1.4 General Terms apply to all users, regardless to User’s nationality. General Terms shall apply providing that delivery of Products is requested for one of the countries listed in paragraph 2 and that the aforesaid country is the Country of registration of the User.

2) PLACE OF DELIVERY

2.1 Purchases are currently possible only if delivery is requested in one of the following countries:

Austria

Belarus

Belgium

Bulgaria

China

Croatia

Cyprus

Czech Republic

Denmark

Egypt

Finland

Former Yugoslav Republic Of Macedonia

France

Germany

Greece

Hong Kong

Hungary

Ireland

Israel

Italy

Japan

Kazakhstan

Kuwait

Latvia

Lebanon

Lithuania

Luxembourg

Malta

Mexico

Monaco

Morocco

Netherlands

Norway

Poland

Portugal

Romania

Russia

San Marino

Saudi Arabia

Serbia

Slovakia

Slovenia

South Korea

Spain

Sweden

Switzerland

Turkey

Ukraine

United Arab Emirates

United Kingdom

Vietnam

2.2 Seller reserves the right to expand or shorten the list of countries referred in paragraph 2.1.

3) PURCHASE TROUGH THE SITE

3.1 Purchase of Products trough the Site is intended only for buyers who act as “consumers” and are over 18 years old.

3.2 A “consumer” is any natural person who effectively acts for personal purposes, except for any trade, business or professional activity eventually carried out.

3.3 Orders filled through the Site imply full awareness and unconditional acceptance of this General Terms by User.

4) INFORMATIONS TO BE GRANTED BY USER

4.1 In order to place an order online, the User must fill the login form;

4.2 It is forbidden to insert false or partial data; User’s personal data and e-mail account must be true, accurate and real, and not related to third persons or deceitful entities.

4.3 By filling the login form, User acknowledges and certifies under his own responsibility:

  1. accuracy and veracity of data requested for the activation of service;
  2. to be 18 year old of older;

Iii. to act as a “consumer”;

4.4 After filling in the login form, User will fill an electronic order provided by the Seller and will send it, as set forth in the relevant page of the Site.

4.5 Before any order is placed, User undertakes to read (i) the information referred to in Article 49 of the Code of Consumer, as available on the Website and (ii) the information concerning the right of withdrawal as set forth in article 9.

4.6 As provided by article 51 paragraph 3 of the Legislative Decree. N. 206/2005, the function intended for placing the order will specify “Order with obligation to pay.”

4.7 For completion of each order, the User is required to confirm the economic transaction concerning payment of the Products as listed in the cart. To this end, when Products are chosen and data confirmation is granted, the Site redirects the User to the bank website where the transaction is completed.

4.8 Orders that do not register the corresponding money transaction are automatically cancelled.

4.9 Upon receipt of confirmation of payment as shown in the order, the Seller will send the User by e-mail at the email address supplied at login, a written receipt of the order, as required by art. 51, paragraph 7 of the Legislative Decree. N. 206/2005.

4.10 The Offer of Products through the Site constitutes an offer to the public pursuant to art. 1336 cc; compilation and placing of an order through the Site implies, therefore, acceptance of the offer. The contract, therefore, is considered concluded when the Seller knows about User acceptance, as from the order form is received.

4.11 The Seller, however, reserves the right to refuse the order in any case of failure of payment.

4.12 User may, at any time, monitor the status of the order by contacting the Customer Service through the appropriate website section. >>> <<< Multimedia link.

4.13 Order number must always be retained by the Seller, provided all correspondence among parties has to clearly display such order number.

4.14 Languages available for concluding a contract of sale through the Site are Italian and English.

4.15 User agrees, once the online purchase procedure is finalized, to save these General Terms.

4.16 In the event of non-acceptance of the Order, the Seller will promptly notify the User by e-mail.

5) SELECTION AND AVAILABILITY OF PRODUCTS

5.1 Products offered for sale through the Site are items as luggage, handbags, saddlery and harnesses, in the catalog (sect. E-store) published on the Site at the time of the Order.

5.2 The catalog of products can be regularly updated by the Seller, which therefore do not provide any guarantee concerning the permanence of an item among those available online. In no event shall the Seller guarantees the availability of all sizes / versions for each item and / or color present in the catalog.

5.3 In the catalog, each Product is accompanied by a fact sheet, which shows the main features, as well as, technical information on care and maintenance. Images and colors of Products presented in the descriptions may, however, does not closely correspond to real ones, due to the settings of the computer systems or devices used by the User for viewing the site. The images published, therefore, shall be understood as for information use only, given standard manufacturing tolerances.

5.4 If, although selectable through the order form, the Product chosen by User is not available, the Seller shall promptly notify the User by e-mail, terminating the contract and refunding the price paid, including of any delivery charges, if applied and if already paid.

6) PRICES, CONDITIONS OF PURCHASE AND PAYMENT

6.1 Sales prices are those published online at the time of completion of any given order and are inclusive of VAT where applicable; prices are expressed in Euro.

6.2 Prices indicated in the online catalog are subject to change without prior notice. It is User’s responsibility, therefore, acknowledge the final price before placing the purchase Order.

6.3 Seller reserves the power to apply different prices for the same Product, depending on the country of delivery.

6.4 The payment of the products can only be made as follows:

– via Credit card (Visa, Mastercard, American Express);

– via PayPal;

– cash on delivery;

6.5 The sale price is charged upon completion of the order.

7) DELIVERY, EXPENSES AND OTHER CHARGES

7.1 Products are delivered via couriers, directly to User, to the address as specified in the Order.

7.2 The Site allows User to request the delivery of Products in a place different from the User’s address, provided that such address is in the same country where User is located. In any case, it is the User’s responsibility to specify all the references necessary to the success of delivery.

7.3 User can not ask for a delivery ex works of the Seller.

7.4 Costs and shipping duties can vary country by country and the method of delivery chosen by the User, according to the chart available here. >>> <<< Multimedia link

7.5 Such charges and any possible additional cost (including any customs fees) are borne by the User. User acknowledges that customs fees will not be calculated by Seller and that they may vary depending on the country of delivery of the goods. Charges except from customs fees, will be expressly and separately indicated in the Order summary, before the User proceeds to the transmission of the same, as well as in your confirmation e-mail.

7.6 Upon delivery of the Products to the carrier, the User will receive a confirmation notice from the Seller by e-mail, which expressly indicate the name of the courier used and shipment details.

7.7 Delivery of Products vary according to the countries of destination and selected shipping methods.

7.8 In Italy the delivery is scheduled within three working days; in countries other than Italy delivery times vary depending on the shipping method, and are indicated in the table available in the Site. Delivery dates indicated on the Site are indicative and not binding.

7.9 Not all shipping methods provided by couriers with the Seller are available for all the countries where it is possible to buy on-line products.

7.10 Both in Italy and abroad, the delivery procedure provides that, in case of absence of the recipient at the time of access by courier, the courier will leave a notice, in order to subsequently execute delivery, where contact details will be highlighted in order to arrange a second delivery attempt.

7.11 User always have the option to check the status of the order by contacting our Customer Service using the appropriate section in the Site. Multimedia links <<< >>>

7.12 Delivery of Products shall be considered complete when the consumer, or a third party on consumer’s behalf, will enter into possession of the Products delivered; by that time, the risk of loss or damage to Products is transferred to the User.

8) USER’S DUTIES ON DELIVERY

8.1 User acknowledges that acceptance of the Products upon delivery is an obligation under the contract executed with the Seller.

8.2 In the event of non-delivery to the addressee due to his absence in all the attempts performed by courier, Product will remain in storage.

8.3 If, within the time specified in the notice left by the courier, the product is not accepted and withdrawn, the Product will be returned to the Seller.

8.4. In this case, the contract will be considered terminated pursuant to art. 1456 cc, with a simple notification of the Seller sent by e-mail. Within 15 days from termination notice, the Seller will proceed to refund total amount paid by User for the Products, less the expenses of delivery, cost of returning the Products to the Seller and any other expenses that the Seller has incurred, caused by the absence or inertia of the User.

8.5 The refund will be performed via the same means of payment used by the User.

8.6 Following receipt of the termination notice, recipient, willing to purchase Products, will necessarily proceed with a new Order.

8.7 Seller reserves the right to refuse orders from Users in respect of whom the Seller has previously sent a termination notice.

8.8 Upon receipt of the Products, User is required to check conformity of the same in relation to the order, paying attention in particular to:

– The number of packages indicated on the  delivery note or bill of landing corresponds to the number of packages effectively delivered;

– The packaging is not damaged.

Any flaw (such as, for example, tampering and or damage to the packaging) shall be specifically indicated in writing directly on the carrier’s delivery note, and the User must refuse delivery. Simultaneously, the User will be required to report the fact to the Seller, via e-mail.

8.9 The User is invited, therefore, to sign the delivery note only after the checks as set forth in art.8.8.

8.10 If, notwithstanding provisions of art. 8.8, User accepts the delivery of products even in the case of damaged packaging, the User shall therefore waive the legal guarantee of conformity of Products.

9) WITHDRAWAL

9.1 User, as a consumer, has the right to withdraw the Products, as by art. 52 of Legislative Decree no. 206/2005 (Consumer Code), without any explanation and without any penalty.

9.2 User can exercise the withdrawal right within 14 days from effective delivery.

9.3 In the case of multiple goods ordered with just one order and delivered separately, the term of art. 9.2 shall commence from the date on which the User, or a third party on User’s behalf other than the carrier, will acquire the physical possession of the last Product.

9.4 In case of delivery of a Product consisting of multiple lots or pieces, the term of art. 9.2 shall commence from the date on which the User, or a third party on User’s behalf other than the carrier, will acquire the possession of the last lot or piece.

9.5 Before the term provided in art. 9.1 elapse, User will inform the Seller of its decision to exercise the right of withdrawal from the contract. To this end, User may use the model form, prepared in accordance with Annex I part B to the Consumer Code >>> <<< multimedia link, or present to the Seller any other unequivocal statement setting out the decision to terminate the contract, and send the aforementioned message by registered letter, facsimile or by e-mail at the addresses shown in Model instructions on withdrawal right.

9.6 The term for withdrawal shall be respected if the withdrawal notice is sent before expiration of the withdrawal period, as determined above.

9.7 In the notice of withdrawal, the User must specify the products for which it intends to exercise its withdrawal.

9.8 Upon receipt of the notice of withdrawal, if timely sent, the Seller shall refund to User all received payments, inclusive of delivery charges, excluding the additional costs if the User has explicitly chosen a different type of delivery other than the standard delivery offered by the Seller, without delay and in any case within 14 days from the day on which the Seller receives the returned Products; the refund will be performed with the same means of payment used by User.

9.9 The Seller shall be entitled to withhold the reimbursement until he has received the products or until the User has supplied evidence of having sent back the Products, whichever situation occurs first.

9.10 The User, once the withdrawal notice has been placed, will have to return the Products, without undue delay and in any case within 14 days from the date on which withdrawal notice has been sent to the Seller to the following address, which is marked in the Model instructions on withdrawal in Annex I part a of art. 1 paragraph 1 of Legislative Decree no. 21 of 21.02.2014: “PUGNETTI PARMA”, Filippo Pugnetti, Via Fermi. 2 43015 Noceto (PR).

9.11 Direct costs for returning of the Products shall be borne by the User, or User may proceed to a free return, using the pre-filled form sent together with the ordered product.

9.12 For the sole purpose of compliance with return deadlines, Products are shipped when they are delivered to the post office or to the currier.

9.13 Products must be returned in original packaging with which they were received, including any related documents such as tags, labels and seals intact and still attached to the product, etc ..

9.14 For the return of the Product, the User may use the postal service or a carrier of its choice.

9.15 All risks of loss or damage of the Products during shipment to the Seller are borne by User.

9.16 As required by art. 57 paragraph 2 of the Consumer Code, User shall be liable for any diminished value of the returned Products resulting from his negligence or willful misconduct.

9.17 In the event that, after receipt of returned Products, Seller should find a decrease in the value of the Products due to User’s fault, the Seller shall be entitled to offset the amount corresponding to the aforementioned decrease in value with the amount to be repaid to User as a result of the withdrawal; In this case, the Seller shall give a prompt notice, within 14 days from Products’ receipt.

10) LEGAL WARRANTY OF CONFORMITY

10.1 All products sold through the site enjoy the legal guarantee of conformity established by Articles 128 et seq. of the Consumer Code, which applies only to the User that is qualified by the law as a “consumer.”

10.2 As provided by law, Seller is obliged to deliver goods to the User in accordance with the sales contract.

10.3 The Seller shall be liable for any lack of conformity of Products, occurring within two years from delivery.

10.4. In order to benefit of the guarantee, User must notify the Seller of any lack of conformity within two months from discovery. This lack of conformity report must contain an accurate and complete description of the defects / faults under dispute.

10.5 Seller will provide User all instructions for the delivery of the defective Product, which costs will be borne by Seller.

10.6 Seller shall be entitled to require the User to attach to the defective Product the purchase invoice or other document showing the date of the sale.

10.7 If operating, the legal guarantee of conformity shall entitle the User to obtain the free repair or replacement of the Product, at its option, unless the remedy requested is impossible or excessively expensive compared to other available remedy.

10.8 User shall be entitled to demand, at his choice, an appropriate reduction of the price, only if the repair or replacement is impossible or prohibitively expensive, or the repair or replacement is not made within time limits congruous or the repair or replacement made have caused significant inconvenience to User.

10.9 In no case a minor defect will entitle User to terminate the contract.

10.10 Guarantee is excluded in case defects or damage occurs by accident, for normal wear and tear, User’s responsibility, or by a misuse of the Product in respect to the specific product destination or if Product is not used in conformity with the “care and maintenance” guidelines present online in the section and / or made by the Seller at the time of signing of the contract.

11) PRIVACY

11.1 User’s personal data are collected and preserved by Seller in compliance with Italian Legislative Decree no. 196/2003 (Privacy Code), as specified in the Privacy Policy >>>link<<< notified to the User at the filling of the login form.

12) COMPLAINTS

12.1 User should contact the following address for assistance and clarifications, or for any complaint:

“PUGNETTI PARMA” di Filippo Pugnetti, registered office in Noceto (PR – Italy), Via Fermi n. 2 43015 email : filippo.pugnetti@gmail.com.

13) APPLICABLE LAW AND JURISDICTION

13.1 General Terms, as well as the relative Sale Agreements / Orders, shall be constructed and governed in accordance with the Italian law, all other laws, international conventions (such as the 1980 Vienna Convention on Contracts for the international sale of goods) and conflict of law rules excluded.

13.2 When the User, as a “consumer”, is resident or domiciled in Italy, any controversy, claim, dispute or litigation between the parties hereto concerning these General Terms, as well as the relative Agreement, shall be submitted to the exclusive jurisdiction of the User’s domicile Courts;

13.3 When the User, as a “consumer”, is resident or domiciled abroad Italy, any controversy, claim, dispute or litigation between the Buyer and the Seller hereto concerning these General Terms, , as well as the relative Agreement, shall be submitted to  the exclusive jurisdiction of the Court of Parma, Italy. The seller nevertheless reserves the right to bring proceedings in the Buyer’s domicile Court.