1) General information
The products presented on the e-commerce website www.Pellaria.it are offered by Amitalys.r.l, company registered with the Roma Trade Register with tax code 13913581008 and VAT no. 13913581008.
The email address is customerservice@Pellaria.it. The telephone number is +39 0689534133. Purchases made using the Internet on the e-commerce website are regulated by the Italian law and these contractual conditions, provided on the website when the order is made (“General Conditions”). Any dispute that may arise on the completion, interpretation and execution of a sale stipulated via Pellaria e-commerce will be referred to the sole jurisdiction of the Italian judicial authorities.
2) Users and Orders
It is also understood that Pellaria may not process the order and/or may consider it ineffectual when there is no possibility to verify that the shipping address and invoicing information is correct, or if the order has been made for the purpose of re-sale, in which case Pellaria reserves the right to terminate the contract with immediate effect and with simple notification in writing sent by email.
The purchase prices of the Pellaria products will be specific for each country from which the order arrives and will include any taxes due. Pellaria may apply special promotions to one or more products on the website that alter their prices. The essential characteristics of the products and prices are provided on the product sheet on the website, to which the user must gain access before executing the order. The images of the products might not fully match the actual products.
Costs for shipping the product will be borne by the user of the e-commerce service, and they will be explicitly indicated at the time the product is purchased. Pellaria undertakes to enter into a shipping contract with a primary company as the user’s appointee, taking the conditions the carrier applies into account.
– may specify that the purchase be shipped to an address other than that of the account holder of the order and/or that specified for billing (however within the borders of the same country);
– must specify a shipping address where someone is always available to collect the package. If someone is not at the address indicated for collection, an address other than that of residence where the required condition is met must be indicated;
– Pellaria will normally process the order within 48 hours after receiving payment confirmation. The estimated time for delivery depends on the carrier selected. Once shipment has been made, Pellaria will also automatically send an email containing all information the user needs to track the order, including the direct link to the portal of DHL or the other carrier selected for immediate checking of the delivery status. In any case, Pellaria is not responsible for non-delivery and/or delayed delivery of the package if the collection procedure described above is not observed or if the customer has provided incorrect information;
– if the items ordered are not delivered within 10 business days from the order confirmation data, the user may personally contact the Pellaria customer service department. The order status and/or shipment status will be verified through the shipping company. In any case, the products will be delivered in the shortest time possible and within the legal deadline (i.e., pursuant to Art. 61 of the Italian Consumer Code, 30 days from the Delivery Date).
5) Filling in orders
To finalise the purchase contract, the user has to complete the order procedure by filling in all sections on the website and confirm payment for the order on the website of the selected payment entity. It is understood that orders coming from countries other than those indicated and having characteristics different from those described above (in terms of quantity and shipping address) shall in no case whatsoever be accepted.
6) Order and Information
Concise information on the product features, price, shipping costs, delivery method and payment for the product is provided during the order procedure.
7) Filling in orders and liability
To finalise the purchase contract, the order procedure and payment on the website of the selected entity must first be completed. Both operations must be carried out following the instructions provided on the website. If due to a typing error or for any other reason the user does not want to complete orders in terms of characteristics, quantities and/or prices, the user should not complete the procedure. The user is responsible for the correctness of the information provided during the order and payment procedure, and Pellaria assumes no responsibility for “undesired” orders sent by error and/or by minors, and will execute them in compliance with the information provided by the user and may demand payment of the agreed-on consideration.
If while filling in the order and finalising the contract the user should notice that the price of one or more products he or she plans to select for the next purchase is clearly lower than that normally applied, net of any discounts and/or promotions in effect at that time, due to an evident technical problem on the website, the user is asked to not complete the purchase order and to notify the above-mentioned technical error to Pellaria by sending an email to firstname.lastname@example.org
If the user has completed the purchase order and a product whose price is clearly lower than that normally applied, net of any discounts and/or promotions in effect at that time, due to an evident technical problem on the website:
(a) if the user has not yet received the product, Pellaria will (i) cancel the order whose delivery will therefore not be made while at the same time sending a notification stating such by email to the email address the user specified when filling in and transmitting the order and (ii) refund the user payments made with regard to the cancelled order, including delivery costs, without undue delay and in any case no later than 14 days from cancellation of the order, using the same means of payment the user had used for the initial transaction;
(b) if the user has received the product, Pellaria will promptly inform the user by email of the error that had occurred at the time the order was completed and will offer the user the alternative options of (i) paying Pellaria the amount corresponding to the difference between the correct price of the product and the incorrect price indicated on the purchase order before and no later than 5 (five) days using one of the methods of payment available, or (ii) cancelling the order following the instructions contained in the notification and returning the product to Pellaria at Pellaria ‘s expense before and no later than 14 (fourteen) days, sending it to Pellaria damage-free and complete with all its elements and accessories (including the labels and tags unaltered and attached to the product), and with the enclosed instructions/notes/manuals, original wrappings and packaging and the certificate of warranty together with the return form, appropriately filled in, found attached to the email sent by Pellaria .
If the user has selected the option described in foregoing point (b) (ii), Pellaria will refund the user the payments made in connection with the cancelled order, including the delivery costs, without undue delay and, in any case, not after 14 days from cancellation of the order, using the same means of payment the user used for the initial transaction.
8) Filing of orders
The order confirmation and relevant data are filed in the Pellaria electronic data bank for the period necessary for processing the order, and however for the period required by law.
The user will be sent an order confirmation via email with all the reference data of the order
9) Finalisation of contract
Lastly, the contract is finalised between the time Pellaria electronically receives the order confirmation and the time Pellaria receives confirmation of payment from the selected entity, subject to verification that the data entered are correct. Pellaria is entitled to refuse the order by notifying such by email within 2 days from its receipt, in the event of incorrect data or the forwarding of an incorrect and/or invalid credit card code to the selected entity.
10) Non-availability of products
If the products displayed on the Pellaria e-commerce website are no longer available, Pellaria will notify any non-availability of products in stock within 30 days from the date the order is received. If the product price has already been paid, Pellaria will return the paid sum. In this case, Pellaria shall owe nothing by way of compensation for damages or any other right.
11) Legal warranty
Pellaria warrants compliance of its products with what is stated on the relevant product sheet displayed on the website for a period of two years, and in accordance with Art. 128-135 of the Italian Consumer Code to which the reader is referred. The warranty does not cover damage caused by mistreatment of the Products, misuse, accidents, water, solvents, wear and tear, damage caused by carriers and, in any case, damage arising from third-party factors not attributable to compliance defects of the products. Without prejudice to cases of fraud or gross negligence, damages caused by compliance defects of the Products and that consist of the loss of the product content and those consequent to the impossibility to use the product shall however not be refunded.
Payment for online purchases made on the Pellaria website can be made only with a Visa – American Express – Mastercard credit card, or through the Paypal system or stripe or coinbase. Payment for orders is made outside the Pellaria systems, so it is in no way the data controller or processor of the bank data or data of the credit card with which payment is made.
The purchase has the right to withdraw from the contract stipulated with Pellaria within 14 business days from delivery of the products without any penalty and/or justification. To exercise the right of withdrawal, the purchaser must send a notice by registered letter with advice of receipt, in which he or she explicitly declares the wish to return the product(s) ordered within 14 days from the date the goods are received. The notice may also be sent by fax and/or email provided it is confirmed with registered letter with advice of receipt within the following 48 hours. In the case multiple products have been purchased, withdrawal may be exercised also for just some of them. If the right of withdrawal is exercised, the user must return the purchased product to Pellaria at his or her expense by sending it to Pellaria within 14 days from the date the right of withdrawal is exercised. All goods must be sent to Pellaria ‘s address. In order to be able to return the purchased products, they must arrive at the above-mentioned address in a perfect state of preservation. The product must be sent back with the original product packaging and with the product tag. To return the product, you should write an email to customer service.
14) Exclusion of right of withdrawal for customised products and the Sartoria line
The products the user ordered are customised and/or made to measure based on the selections the purchaser has made. For this reason the user’s right of withdrawal is expressly excluded, pursuant and consequent to the effects of Art. 59, letter c) of the Italian Consumer Code.
The purchaser is responsible for returning the products packed in the original box in order to prevent the goods from arriving at destination in a deteriorated condition. Only if the original packing is unusable may the purchaser use another box that has the same size and sturdiness. Return shipments made with methods other than those specified above, the only ones authorised, will not be accepted. Products cannot be returned following withdrawal with costs borne by the recipient. Once the return has arrived at destination, Pellaria will check the legitimacy of the return and once correctness of the operations has been checked, it will send the user a confirmation email. The amount paid will be charged back through the system with which payment was made. The chargeback usually is made within 14 days from when Pellaria is notified of the withdrawal and when Pellaria has received the product returned by the purchaser, whichever is later.
Every contract of sale finalised between Pellaria and the purchaser pursuant to these General Conditions will be regulated and interpreted in compliance with Italian laws, and with the Italian Consumer Code in particular. In any case, the right attributed to the purchaser by binding provisions of law in effect in the purchaser’s country will not be affected.
The Court of Roma will have jurisdiction in case any controversy arises.