General terms of sale on the site shop.pernici.it
These general terms of sale apply to 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. VAT number IT00402910160 (hereinafter “Cereria Pernici“) to any natural or legal person (“Customer“) who purchases remotely via the Internet through the site shop.pernici.it and can be periodically updated. The conditions published on the site shop.pernici.it are considered effective and binding as well as implicitly accepted at check-out .
1.How to purchase
For each product chosen, a descriptive card is displayed, with its image and essential characteristics (colour, dimensions, unit price, etc.). The images and colours 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 the relative price are those indicated on the shop.pernici.it website. The owner of the website may change at any time and without any prior notice the products offered for sale on the website itself and the relative price.
The availability of the products indicated on the website refers to that expected the moment in which the Customer places the order. Such availability is not ensured even if an order confirmation is sent as: i) the products may have been sold to other Customers on the site; ii) a malfunction of the site may occur or have occurred. If following order confirmation and/or payment the products were unavailable, the order is amended by deleting the product or products not available and the Customer is informed of the refund procedures for the amount already paid.
The price of each item is indicated in euros and includes VAT for EU countries, excluding shipping costs.
The shipping cost is indicated before payment and calculated in relation to the destination of the goods.
In the event of an error that may lead to a substantial and unpredictable change in the price that makes it exorbitant or clearly incongruous or ridiculous, the order is automatically canceled and the amount paid is refunded.
The sale and/or distribution of the products purchased on the website is prohibited.
Cereria Pernici reserves the right to communicate to the Customer via e-mail any unavailability or impossibility to accept the orders received.
5. Right to refuse an order
All product prices displayed and indicated on the website shop.pernici.it constitute an offer to the public with the right by Cereria Pernici to refuse the order and do not include VAT; the cost of shipping will be calculated the moment an order is being placed.
In case of delivery outside the Italian State, any costs for taxes or fees provided for by the legislation in force in the country of destination will be paid by the Customer.
Cereria Pernici will deliver the selected and ordered products to the Customers, to the destination address specified in the order. Were the recipient absent 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 delivery methods.
Delivery will be made by carriers mainly on the street level.
No responsibility can be attributed to Cereria Pernici for delayed or non-delivery due to force majeure or fortuitous circumstances.
The Customer undertakes to pay the price of the products ordered with the modalities indicated on the website by following the instructions provided.
The shipped goods will be delivered with a tax receipt.
8. Limitation of liability
Cereria Pernici takes no responsibility for inefficiencies attributable to force majeure or to the work of the forwarder that prevented, in whole or in part, the fulfilment of the contract within the agreed time.
Likewise, Cereria Pernici is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the products purchased on the shop.pernici.it website.
Without prejudice to the hypothesis of willful misconduct or gross negligence by Cereria Pernici, it is now agreed that, were Cereria Pernici ascertained responsible for any reason and liable towards the Customer, the responsibility of Cereria Pernici cannot exceed the price of the Products purchased by the Customer and for which the dispute arose. Liability is in any case limited to the refund of the price in case of non-delivery, without prejudice to the Customer‘s right to claim against the shipping agent for any damages.
The Customer agrees to the use by Cereria Pernici of tools such as e-mail or automated call systems without the intervention of an operator or fax.
10. Property of Products
The property of the products offered on shop.pernici.it passes to the customer after full payment of the products or their delivery, if this occurs last.
The risks of breakage or deterioration of the Products pass to the Customer upon delivery.
11. Right of withdrawal
The will to return any product must be sent in writing to Cereria Pernici at the e-mail address indicated on the website or by traditional mail so to make such will clear.
We suggest to use the following statement: “Hereby the writer ________ communicates the will to return the product/s made with order no. ____ received on _________ ”
After returning the product/s, Cereria Pernici will reimburse all payments made by the Customer, including delivery costs within 14 days, if possible using the same payment method used by the Customer to purchase.
The Customer must return the products without undue delay and in any case within 14 days from the day in which he communicated his will to return them.
The costs of returning the goods are charged to the Customer as long as the return documents provided by Cereria Pernici are used and the goods sent from the country in which the delivery took place.
12. Warranty and assistance
Cereria Pernici sells high quality products. In case of imperfections or anomalies not explicitly attributable to Cereria Pernici given the very nature of the products offered in the catalog, the Customer can contact the company directly through the contact channels indicated on the website.
13. Customer Obligations
The Customer undertakes, once the purchase procedure provided for by the shop.pernici.it website has been completed, to print and store these general terms, which, moreover, will have already been viewed and accepted as a mandatory step in the online order shipping phase.
It is expressly forbidden to make double registrations corresponding to a single person or to enter third party data.
14. Security and personal data
Cereria Pernici has adopted reasonably appropriate security measures to protect the data and personal information provided from improper access or use.
Bank details are not registered or stored on the website.
Although Cereria Pernici has adopted all possible precautions to guarantee the security of personal data, it must be borne in mind that the transmission of data over the internet is never completely secure and that any information disseminated online could be collected and used by subjects different from those to whom it was directed
15. Intellectual property
All the website content (drawings, illustrations, photographs, texts, graphics, descriptions, trademarks, images, videos) is of exclusive property or availability of Cereria Pernici.
It is forbidden to reproduce, distribute, publish, disseminate, copy, modify or sell by any means, in whole or in part, the content of the website.
16. Customer care
For more information about the products, please contact Customer Care at the e-mail address provided on the website.
17. Applicable law and competent court
The contracts concluded between the Customer and Cereria Pernici are governed by Italian law. If the Customer is a consumer, the relevant provisions of the Consumer Code apply.
For any dispute between Cereria Pernici and the Customer, the Court of Bergamo is competent or, if the user is a Consumer, the Court of the place where the user resides or has elected domicile.
Customers established in Europe can resolve any dispute arising from the online contract concluded on this website using the online dispute resolution portal at the following link: https://webgate.ec.europa.eu/odr.
18. Vexatious clauses
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code the specific approval of the following clauses is required:
5 (right to refuse an order); 8 (Limitation of liability): 17 (Applicable law and competent court).
The vexing clauses listed above, and forming part of the General Terms, must be explicitly accepted by the Customer, otherwise it will be impossible to complete the order. For this purpose they are re-proposed at the end of the order with an acceptance checkbox that must be flagged by the Customer.