Terms and conditions
Whereas
These general online conditions (hereinafter "CGV") regulate the sales contract (hereinafter, the "Contract") for the products (hereinafter, the "product" or the "products") offered by Detto Pietro Store S.r.l. [limited liability company] – with registered offices in Milan, Viale Vittorio Veneto 8, 20124 Milano, Tax number/VAT number 08125620156 , registered in the REA [Economic-Administrative Register] of Milan under no. 000000 (hereinafter, "Detto Pietro") – through its website www.dettopietro.com (hereinafter, the "site") to users of the site (hereinafter, the "customers" or the "customer").
These general sales conditions shall be deemed as referring solely and exclusively to customers definable as "consumers” to the effects of art. 3, paragraph 1, letter a), of Law Decree no. 206 of 6 September 2005, that is to say "natural persons acting for purposes unrelated to any entrepreneurial or professional activities they may perform".
All information on the site is given in Italian and in English.
The customer declares that he/she has had sight of all the aforesaid information and general sales conditions, before placing his/her order.
The customer, before placing his/her order, declares that the purchase of the said product has no direct relationship with his/her professional activities, the purchase being intended for personal use only.
The customer furthermore declares that he/she has the legal capacity to undertake a commitment such as that envisaged in these general conditions.
- Object
The object of these general sales conditions is the definition of the rights and obligations of the parties in the context of the distance selling of the items offered by the online shop named www.dettopietro.com.
- Territory and coverage of the sale
This version of the general sales conditions refers exclusively to sales made to consumers whose domicile or residence is in Italy or abroad.
- Contractual documents
This contract consists of the following documents:
- the present general conditions and confirmation of order;
- the photographs illustrating the products on the site are not a part of the contract and appear only for descriptive purposes.
- Receipt of order
Any confirmation of order signed by validation click shall constitute an irrevocable commitment by the customer. It may be withdrawn only in the cases envisaged in this contract under the articles "Right of withdrawal” and "Execution of order”.
- Acceptance of order
The contract shall be deemed as concluded only with confirmation of the order by dettopietro.com. The customer will receive, via electronic mail, notification of receipt containing confirmation of the order with all the elements constituting the contract (including the products ordered, the prices, the delivery date and delivery costs).
Detto Pietro reserves the right not to confirm the order for any reason whatsoever, and in particular for reasons due to supply of the products or a problem concerning the order received.
Detto Pietro shall not be deemed liable for errors of delivery due to imprecise or incomplete compilation of the purchase order by the customer.
Detto Pietro shall furthermore not be deemed liable for any damage occurring to the products subsequently to their delivery to the courier appointed for their transport or for delays in delivery ascribable to this latter.
- Availability of products
The offers contained on this site shall be valid while the products continue to be listed online and while stocks last.
Detto Pietro therefore reserves the right to inform the customer, within 20 days of purchase, at the email address linked to his/her profile, of any unavailability of one or more of the products purchased.
If a purchased product is no longer available, Detto Pietro will reimburse (to the payment card or Pay Pal indicated by this same for the purchase or by money transfer, the details for which shall be supplied subsequently to the registration) of the price and the delivery costs paid by the customer.
The unavailability of one or more of the products ordered shall not under any circumstances entitle the customer to cancel the entire order.
- Prices – Invoice
Prices are shown in Euro and include 22% VAT.
The price guaranteed to the customer is that published on the site at the moment of sending.
Product prices are definitive.
They do not include any delivery costs, which shall be shown on the confirmation of order.
- Payment
A customer intending to purchase any of the products must express his/her wish by making a request directly on the site. He/she will find there a specifically dedicated section and must follow the procedures indicated in order to send his/her purchase order and make payment.Payment of the amount due shall be made at the moment of making the order.The customer shall undertake to pay the agreed price for the product order on the site (the price of the product plus delivery costs), using one of the payment methods available.The customer shall guarantee Detto Pietro that he/she has all necessary authorizations to use the payment method indicated at the order phase.If Detto Pietro fails to receive payment, the said Detto Pietro reserves the right to cancel the order.If payment is made by credit card, Detto Pietro reserves the right to require the customer to send, within 24 hours, a copy of the identity document proving that the credit card used is effectively in his/her name. It remains understood that, if this information is not sent, Detto Pietro may refuse the payment and cancel the order.The data relating to payment shall be processed via a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol.
- Transfer of risks
The transfer of risk to the customer takes place with delivery of the products to the courier by Detto Pietro . During the withdrawal period as of article 13, the customer shall be liable for the product in the quality of its custodian.If the product is damaged or destroyed while in the customer’s custody, the latter shall be liable for the consequences.
- Execution of the orderThe order shall be executed according to the terms stated on the site and on acceptance of the order by Detto Pietro and in any case within 30 days subsequent to confirmation of the order, subject to availability of the product ordered and except in the case of specific alternative agreement between the parties.If stocks are exhausted or the product is unavailable, Detto Pietro undertakes to inform the customer as swiftly as possible and to state the term within which it may be available again.See art.6 concerning availability of products.
- Delivery
The product may be delivered within the geographical area covered by the offer.Delivery shall be made from Monday to Friday.The products shall be delivered at the address indicated by the customer.Delivery shall be deemed at street level.A request for delivery of an order (where available) to the customer’s floor shall be made at the moment of definitive confirmation of the order. Unless specified during the purchase phase, Detto Pietro does not envisage the service of assembling the products sold.Detto Pietro, except as envisaged under art. 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, by means of the courier appointed for the transport of these same.Detto Pietro shall not be deemed liable for errors of delivery due to imprecise or incomplete compilation of the purchase order by the customer.Detto Pietro shall not be deemed liable, furthermore, for any damage occurring to the products subsequently to their delivery to the courier appointed for their transport, or for delays in delivery ascribable to this latter.Detto Pietro will deliver throughout the Italian territory.Deliveries to inconveniently located postal districts may result in variations to the transport tariffs indicated.Delivery shall be made by couriers selected by Detto Pietro; Post Office Boxes shall not be deemed suitable addresses for delivery purposes.The delivery document issued by the courier, dated and signed by the customer upon delivery of the product, shall be deemed proof of delivery of the item.Upon delivery, the customer shall check the content, conformity and state of the products.In the case of delays, damage, total or partial loss or other problems, the customer shall be entitled to proceed directly against the courier. Detto Pietro shall not be held liable under any circumstances.Upon delivery, therefore, Detto Pietro recommends that the customer should check the state of the products delivered before signing the document of receipt.If anomalies are noted, the customer should refuse delivery of the products or state his/her detailed reservations in writing, dated.These reservations should be confirmed to Detto Pietro by registered mail with recorded delivery within three (3) days of receipt of the products.
- Collection of the products in the case of
the customer’s absence
In the case of the customer’s absence when the courier attempts delivery, the latter shall leave notice of failed delivery at the delivery address indicated by the customer.If the customer is absent when the courier attempts delivery a second time, the products shall be collected at the address and in the manner indicated by the courier.If the products are not collected within the term stated by the courier, they will be returned to Detto Pietro, which shall reserve the right to reimburse the price of the products, charging the delivery costs to the customer.
- Right of withdrawalThe customer shall be entitled to withdraw from
the Contract, without penalty and without specifying the reason, as from
receipt of confirmation of the order sent by Detto Pietro and no later than
fourteen (14) days from receipt of the product at the address indicated for
delivery.The date shown on the delivery note shall be
deemed complete proof of receipt.The customer may exercise his/her right of
withdrawal by means of the electronic mail address shop@dettopietro.com.If the product has already been delivered, the customer shall be obliged to
return it to Detto Pietro . For this purpose:- the term for return of the product shall be
fourteen (14) days from receipt of this same; the date shown on the delivery
note shall be deemed complete proof of the delivery date.For the purposes of the expiry of this term,
the product shall be deemed as returned on the date in which it is delivered to
the Post Office accepting it.
- when the product has been delivered, it shall be deemed returnable, and the customer shall be entitled to withdraw from the Contract, only if the product is in its substantially original state. The customer shall send the product suitable wrapped and packaged; Detto Pietro will not accept the return of damaged items, only those in a normal state of conservation, cared for with proper due diligence.
Products shall not be replaced or reimbursed that have been damaged by detergents/additives, or products damaged as a result of improper handling by the customer.
The customer shall enclose within the packaging a copy of the delivery note received.
Transport risks for the return of the products shall be borne entirely by the customer.
- The customer shall bear the costs for returning the items to Detto Pietro together with the amount shown on the document under the item "Delivery costs”.
When a customer exercises the right of withdrawal in compliance with the dispositions as of these sales conditions, Detto Pietro shall reimburse the amounts paid by the customer to the credit card, the Pay Pal account or by money transfer to the account as of the banking details provided by the said customer.Reimbursement shall take place free of charge, within the term of thirty days from the date on which Detto Pietro becomes aware of the customer’s intention to exercise his/her right of withdrawal. As envisaged by Law Decree 6/9/2005 no. 206 and by art.55 of the Consumers’ Code, the right of withdrawal regulated by these sales conditions shall not apply to items that are made to measure or clearly customized or which, by their nature, cannot be resent or risk rapid deterioration or alteration.
- Guarantee
In order to avoid any inconvenience, the products are subject to sample checks by Detto Pietro before delivery. Nevertheless, the customer shall have the benefit of the manufacturer’s guarantee and, alongside this, Detto Pietro’s own "satisfied or reimbursed” guarantee, which shall be valid for up to thirty days from delivery, provided that the product has been used in a manner that is normal and compliant with the recommendations stated in the documents accompanying the products and in the instruction booklets. In any case, the products have the benefit of the legal guarantee against hidden defects envisaged by article 1641 and those following of the Italian Civil Code. In these cases, the manner and the terms of the guarantees are stated in the guarantee certificate delivered with the product. This latter shall not cover damage, breakage or malfunctioning due to non-compliance with the precautions for use. In order to activate the guarantee, the customer shall return the product to Detto Pietro at his/her own expense, including the original copy of the invoice. The product will be exchanged for an identical product and sent to the customer at Detto Pietro, except in the case of stock shortage or ceased production of the range proposed by Detto Pietro. In this latter hypothesis, Detto Pietro will reimburse the price of the product to the customer.
- Use of the site
The product descriptions and the images present on the site correspond to what has been made available by Detto Pietro’s suppliers to the said Detto Pietro.The photos and the video presentations of the products accompanying the descriptive information are published on the site for descriptive purposes only, given that the quality of the images, including exact visualisation of colour variants, may depend on the software and the IT tools used by the customer at the moment of connection to the site.Detto Pietro shall not be in any way liable for problems caused to the customer by his/her use of the site and the technologies used, since these are not of our volition.
- Intellectual and industrial property
rights
Detto Pietro inform users that the site, as well as all the trademarks and brands used in relation to sale of the products offered, are protected by the applicable intellectual and industrial property rights and any form of reproduction, communication, distribution, publication, alteration or transformation of these same, in whatever manner or for whatever purpose, is forbidden.Detto Pietro reserves the right to take legal action in defence of its interests.Detto Pietro shall not be in any way liable for trademarks and other brands appearing on the products it trades on this site, with respect to which the customer shall not acquire any rights whatsoever following conclusion of the Contract.
- Protection of personal data
Detto Pietro is the controller of the personal data gathered at the moment of registration on this site, as well as of those subsequently communicated at the moment of purchase by the customer, excepting the data relating to payment procedures, for which referral is made to the banking institutes through which payment is made. For information concerning personal data processing, including the rights as of art. 7 of law Decree 196/03, referral is made to the detailed information already provided at the moment of registration to the Site www.dettopietro.com.
- Electronic signature
The "validation click” shall constitute an electronic signature.
This electronic signature shall have the same validity between the parties as a manuscript signature.
- Entireness of the contract
These general sales conditions shall constitute the entirety of the obligations between the parties.
No other general or particular condition communicated by the customer may be included in or extend these general conditions.
- Voidability
In the case that one or more of these general conditions were to be deemed void or were to be declared such in application of a law, regulation or consequently to a decision made by a properly empowered legal authority, the other dispositions shall retain their force and value.
- Communications
For any communication, Detto Pietro may be contacted at the following addresses:
Detto Pietro Store s.r.l. - Viale Vittorio Veneto, 8 - 20124 – Milano
email: dettopietro@dettopietro.com
- Applicable law
The sales contract between the Customer and Detto Pietro S.r.l. shall be deemed as concluded in Italy and governed by Italian law.
