2. Purchasing procedure
3. Product prices and availability
4. Delivery procedure and expenses
6. Right to withdraw
8. Acceptance of General Conditions of Sale
The offer and sale of products on the website “http://store.pegaso.eu” (hereinafter, “the Website”) are governed by the following General Conditions of Sale, which have been prepared in compliance with Decree 70/03 (on e-commerce), as well as with the rules on distance sales (particularly with regard to consumer protection: Decree 206/05) and the protection of data provided by users (Decree 196/03: Privacy Code).
IMPORTANT NOTICE: sales on this Website are reserved exclusively for private individuals, in their capacity as consumers. Invoices are only issued in the name of the registered user, stating that person’s tax code.
By making purchases from this Website, the Purchaser accepts in full our General Conditions of Sale.
These General Conditions of Sale apply to contracts arranged between PEGASO S.R.L., with registered offices at via P. Nenni 5, 37024 Arbizzano di Negrar (VR), Tax Code/VAT no. 03895760233, registered with the Verona Chamber of Commerce Companies Register no. 03895760233, hereinafter referred to as “the Seller”, and any natural person over the age of 18, hereinafter referred to as “the Purchaser”, who has formalised a purchase order by using the Website, who is identifiable by the data provided by that person for the execution of the order, and who acts for purposes unrelated to any commercial, entrepreneurial or professional activities that may be carried on.
By submitted an order, the Purchaser sends an offer to purchase the selected product(s) to the Seller, which confirms receipt by sending an e-mail message: orders received become binding on Pegaso when the e-mail confirmation is sent to the Purchaser.
If no e-mail order confirmation is received, the Purchaser should contact Customer Support at this address: email@example.com
If, temporarily or otherwise, it is impossible to fulfil an order received, in whole or in part, the Seller will contact the Purchaser on a timely basis in order to reach an appropriate agreement, having regard for the fact that the Purchaser is entitled to request the cancellation, in whole or in part, of the order submitted and the return of any related amounts already paid.
If the Purchaser’s data is incomplete or inexact, jeopardising the proper delivery of the products and/or the proper accounting administration of the sale, the Seller will contact the Purchaser and reserves the right to refuse the order.
2. PURCHASING PROCEDURE
In order to purchase products from the Website, the Purchaser must register in the relevant section, complete all the required parts of the electronic order form and submit it electronically to the Seller: by sending this form, the Purchaser makes an offer to purchase that must be specifically accepted by the Seller, which will send an order confirmation and acceptance message to the e-mail address provided and, accordingly, formalise the contract between the parties.
Before transmission of the order form, the Purchaser will be requested to check the accuracy of the order (the order may be corrected and/or amended at any time until the form has been submitted), to read and accept the General Conditions of Sale and the Privacy Information, and to print and retain a copy of them.
The order form will be filed in our database for the period of time needed to fulfil the order and, in any case, for the period required by law. The Purchaser may access the order form submitted at any time by consulting the “My orders” section.
The Seller reserves the right not to fulfil the purchase order if, following any checks made, the data input to the relevant form by the Purchaser is found to be incorrect or incomplete.
The Purchaser may only purchase products, described in the related information pages, that are included in the e-catalogue and visible on line at the time of submitting the order.
The contract is formalised when the Seller sends the related order confirmation to the Purchaser, containing all the information required by art. 51 of the Consumer Code, together with:
- the date and time of the order
- the order number, to be used in all subsequent communications with the Seller
- all the data input by the Purchaser, which agrees to check its accuracy and notify any corrections on a timely basis
- an overall summary, specifying the cost of the shipment and any additional details
N.B. There is no minimum sales value for purchases made.
3. PRODUCT PRICES AND AVAILABILITY
The product prices are specified on the Website and include VAT.
The prices specified also include packaging costs, but exclude the expense contribution that is payable by the Purchaser based on the value of the order (see Delivery procedure and expenses), as determined and specified in the price list applying to the sale.
The data about product prices and availability shown on the Website is subject to change without notice: accordingly, the Purchaser is responsible for checking the final selling price prior to submitting the order form. In all cases, the Purchaser will be charged the prices published on the Website at the time of submitting the order.
4. DELIVERY PROCEDURE AND EXPENSES
SHIPMENTS WITHIN ITALY:
The order will be fulfilled within 2 working days (excluding Saturdays, Sundays and holidays). Deliveries are made by Bartolini, a courier firm, to the address specified by the Purchaser, with the following delivery times:
- Northern Italy 24 hours
- Southern Italy 48 hours
- Islands 72/96 hours
- Minor islands and remote locations, unspecified.
SHIPMENTS ELSEWHERE IN EUROPE:
The order will be fulfilled within 2 working days (excluding Saturdays, Sundays and holidays).
Deliveries are made by DHL, a courier firm, to the address specified by the Purchaser. The delivery time of the goods can be change from 5 to 8 working days.
The transport costs, borne by the Purchaser, depend on the value of the order:
- up to Euro 200.00, Euro 15.00
- above Euro 200.00, free
Shipments to the UK are suspended.
DISPOSAL OF SHIPPING MATERIALS
the CARDBOARD used for boxes can be treated as paper.
the ADHESIVE TAPE made from recyclable polypropylene can be treated as plastic.
the PACKING PEANUTS used to protect the products are made from corn and water. They are 100% biodegradable, being water soluble in seconds, and can be used as compost for plants or treated as food waste.
the INSULATION MATERIAL, used in the summer to protect the products and keep them at a suitable temperature, is the only material that cannot be recycled and must be treated as non-recyclable waste.
The Seller is not responsible for any delivery mistakes caused by the Purchaser providing an incorrect address. The Seller cannot be held responsible for any delivery delays or other delivery anomalies that are beyond the control of and not attributable to the Seller.
Unless expressly stated, deliveries are made at ground level. Upon delivery of the goods by the courier, the Purchaser must check: that the number of packages delivered agrees with that indicated on the courier’s transport document; and that the packaging is whole, undamaged and not wet or altered in any other way. Any damage to the packaging and/or the product and any shortages must be reported immediately, writing SUBJECT TO EXAMINATION on the courier’s delivery note. After signing the courier’s document, the Purchaser cannot raise any further objections regarding the external characteristics of the items delivered. Any issues concerning the physical state of the products received, their completeness or their consistency with the order must be raised within 3 days of delivery, following the procedures envisaged in this document.
Pursuant to art. 63, para. 1, of the Consumer Code regarding contracts that require the professional to arrange for shipment, the risk of loss or damage for reasons not attributable to the seller is only transferred to the consumer when that party, or a third party – other than the courier – designated by that party, obtains physical possession of the goods.
If goods held at the courier’s warehouse, due to the repeated inability to deliver to the address indicated by the Purchaser at the time of the order, are not collected within 5 working days, the order will be cancelled automatically and the Seller will arrange to repay to the Purchaser the entire amount already paid within 14 days of the return of the goods, by reversing the value of the products from the amount charged to the credit card, after taking account of the related transport and storage costs.
In the case of product non-conformities existing at the time of sale, the Purchaser is entitled to replacement of the product. The Purchaser is responsible for reporting the non-conformity within 24 months of discovery, by sending an e-mail to the following address: firstname.lastname@example.org
6. RIGHT TO WITHDRAW
As a consumer (natural person who purchases goods for purposes unrelated to a professional activity, or who makes the purchase without indicating a VAT number on the seller’s order form), the Purchaser is entitled to withdraw from the contract for the sale of the products, pursuant to art. 52 of the Consumer Code, without explanation and without penalty.
The Purchaser may exercise this right to withdraw within 14 days of obtaining physical possession of the products, either directly or via a third party – other than the courier – designated by the Purchaser. In the case of multiple goods included in a single order and delivered separately, the above deadline commences from the day on which the Purchaser obtains physical possession of the final goods, either directly or via a third party – other than the courier – designated by the Purchaser.
In the case of the delivery of a product comprising multiple batches or pieces, the above deadline commences from the day on which the Purchaser obtains physical possession of the final batch or piece, either directly or via a third party – other than the courier – designated by the Purchaser.
Prior to the above deadline, the Purchaser may notify the Seller of the decision to exercise the right to withdraw from the contract. For this purpose, the Purchaser may use the withdrawal form, prepared in compliance with Attachment I, Part B of the Consumer Code, that was made available prior to formalisation of the contract pursuant to art. 49, para. 1, letter h) of the above Code, or give the Seller any other explicit declaration of the decision to withdraw from the contract, which must be sent by registered letter, fax or e-mail to the following addresses specified in the standard instructions covering the right to withdraw that were received before submitting the order:
Via Pietro Nenni 5
37024 Arbizzano di Negrar (VR)
tel. +39 045/6014211, fax +39 045/6014297
The deadline for withdrawal is met by sending the withdrawal notification prior to the end of the period allowed for withdrawal, as specified above. The withdrawal notification sent by the Purchaser must specify the products for which such withdrawal is exercised.
Having received a timely withdrawal notification, the Seller will repay to the Purchaser all the amounts received, including shipping costs, without delay and, in any case, within 14 days of becoming informed about the decision of the Purchaser to withdraw from the contract; the repayment will be made using the method of payment selected by the Purchaser in relation to the sale contract for which withdrawal is exercised, unless the Purchaser expressly agrees to another method.
The Seller shall be entitled to withhold repayment until the returned products have been received or, if earlier, until the Purchaser shows that the goods have been sent back.
After exercising the right to withdraw, the Purchaser must return the products without undue delay and, in any case, within 14 days of the date on which the Seller was notified of the decision to withdraw from the contract, by sending them to the following address: Pegaso srl, Via Pietro Nenni 5, 37024 Arbizzano di Negrar (VR)
The direct costs incurred to return the products shall be borne by the Purchaser that exercises the right to withdraw. Solely for the purpose of complying with the deadline for making returns, the products are deemed to have been sent back when delivered to the accepting post office or to the courier.
The products must be returned in the original packaging with which they were received, including any related documents such as tags, labels, seals etc. The Purchaser may return the products using the postal service or a preferred courier.
The Purchaser bears all risks of loss or damage to the products during their return to the Seller.
As envisaged in art. 57, para. 2, of the Consumer Code, the Purchaser is responsible for any loss in the value of the products returned that derives from any handling beyond that necessary to establish their nature, characteristics and functioning.
If, having received the returned products, the Seller identifies a loss in their value attributable to the Purchaser, the Seller will be entitled to offset the amount corresponding to this reduction in value against the amount to be repaid to the Purchaser as a result of the withdrawal; in this case, the Seller will notify the Purchaser about the situation within 10 days of receipt of the returned products.
In particular, if the original box or packaging is damaged, the Seller hereby states that the contribution to the cost of making good charged to the Purchaser will not exceed 10% of the price paid by the Purchaser.
In the event of damage to the products caused during transportation, the Seller will notify the Purchaser about the situation (within 5 working days of receiving the goods at its warehouses) so that the latter can make a timely complaint to the preferred courier and obtain reimbursement for the value of the goods (if insured); in this case, the products will be made available for return to the Purchaser and, at the same time, the request to withdraw will be cancelled.
The Seller cannot be held responsible for damage, theft or loss of products that are returned without insurance cover.
All complaints must be sent to:
Via Pietro Nenni, 5
37024 Arbizzano di Negrar (VR)
oppure all’indirizzo: email@example.com
8. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
The contract between the Seller and Purchaser is formalised upon acceptance, in whole or in part, of the order by the Seller; this acceptance is notified to the Purchaser by e-mail.
By making an order using the established procedures, the Purchaser confirms that all the information provided during the purchasing procedure has been read, and accepts in full the general and payment conditions previously transcribed.
Upon completion of the on-line purchasing procedure, the Purchaser agrees and commits to printing and retaining these General Conditions of Sale.
The Purchaser is forbidden to input data that is untrue, in whole or in part, during the registration procedure necessary in order to activate the contract execution process and related additional communications: the personal identification details and e-mail address must therefore be true personal data and not that of third parties and/or invented.
The guaranteed successful outcome of the payment made by the Purchaser, using the methods indicated above, and the fulfilment of the obligations accepted by the Purchaser pursuant to the above clauses are an essential part of the contract. Accordingly, the parties expressly agree that failure by the Purchaser to comply with even just one of the above obligations will result in termination of the contract under the law, pursuant to art. 1456 of the Italian Civil Code, without need for a judicial ruling and without prejudice to the right of the Seller to sue for the reimbursement of any additional losses.
The sale contract between the Purchaser and the Seller is governed by Italian law. All disputes that may arise regarding the application or interpretation of these General Conditions, or the contract formalised pursuant to them, will be referred to the territorial jurisdiction of the Court of reference for the municipality in which the Purchaser is resident.
The Seller may amend the Website’s General Conditions of Sale at any time: the new Conditions will take effect and will apply to contracts formalised from the date on which they are published on the Website.
All communications that, pursuant to these General Conditions of Sale, must be made by e-mail, will be sent to the e-mail address specified by the Purchaser at the time of registration.