General Terms and Conditions
These general terms and conditions of sale (hereinafter referred to as the 'General Terms and Conditions') shall be applied, 'General Terms and Conditions') have as their object the regulation of the purchase of furniture and furnishing accessories (hereinafter the 'Products'), carried out remotely, via the Internet, from the site https://www.peverellicode.com (hereinafter referred to as the 'Site') in accordance with the Italian regulations set out in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter referred to as "the Legislative Decree"), "Consumer Code'.).
The Products are made available and put on sale by Peverelli Arredamenti Srl, with registered office in 22070 Bulgarograsso (CO), Via Clerici, 9 C.F./P.I.V.A. 03329120137 (hereinafter the "Peverelli Arredamenti), e-mail address: firstname.lastname@example.org.
Consumers accessing the Site are obliged, before making purchases, to read carefully the General Terms and Conditions made available to them on the Site.
Contracts concluded with Peverelli Arredamenti through the Website are regulated by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
1.1 The term "contract" refers to the sale and purchase contract relative to tangible movable goods available on the Site, stipulated between Peverelli Arredamenti and the Purchaser within a distance selling system through telematic instruments, organised by Peverelli Arredamenti.
1.2 The term "Purchaser" shall mean the consumer, natural or legal person who makes the purchase of the Products for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.
2. Subject matter of the contract
With the stipulation of the contract, respectively, Peverelli Arredamenti sells and the Purchaser purchases at a distance through telematic instruments the Products indicated and offered for sale on the Site.
3. Contract conclusion and payment terms
3.2 The Purchaser will be given the possibility, during check-out, to select between companies, private users and freelancers. The data collected will be used to compile any invoice that will be sent electronically. As soon as the invoice has been issued, a courtesy copy will be sent by e-mail to the Buyer if he is a private user who does not have a tax drawer.
3.3 At the time of payment, the Purchaser may choose from three different types of payment: bank transfer, PayPal and payment cards (Visa, Mastercard, etc.). If the Purchaser chooses bank transfer as the payment method, he shall make the bank transfer by entering the payment data received by e-mail and the order number as the reason for payment, in which case the Purchaser shall receive an e-mail of payment once the bank transfer has been received and the order status shall be changed in the backend to 'paid'. If, on the other hand, the Buyer chooses PayPal as the payment method, he will be redirected to the site www.paypal.comwhere he shall make the payment according to the procedure provided for and regulated by the PayPal platform, in which case the Buyer shall receive an e-mail of successful payment. Once payment has been made, the order shall have the value of a contractual proposal.
4. Conclusion and effectiveness of the contract
4.1 The contract between Peverelli Arredamenti and the Buyer is considered concluded with the acceptance of the order by Peverelli Arredamenti, which will take place upon receipt of payment by the latter of the purchased Products. Such acceptance is communicated to the Buyer by sending a printable e-mail confirmation of the order itself, containing the order number, the list of the Products ordered as well as the details of the ordering party, the price of the Product purchased and paid (i.e. received by Peverelli Arredamenti), the shipping costs, the address where the Product will be delivered, the delivery times, the information on the right of withdrawal and on the cases in which the latter is excluded.
4.2 For the purchase of certain bulky products (e.g. beds, sofas, etc...) the Buyer will be contacted by Peverelli Arredamenti to proceed with the conclusion of the order. Once the order has been accepted by Peverelli Arredamenti, the Buyer will receive the information referred to in point 4.1 by e-mail.
4.3 The contract shall not be deemed to have been concluded and effective between the parties in the absence of the provisions set forth in Clauses 4.1 and 4.2.
4.4 After checking the e-mail confirming the order, if the Purchaser identifies any errors and/or inconsistencies, he shall notify us of these within eight (8) hours of receipt of the e-mail. After this period has elapsed, the order will be put into processing for dispatch and no further changes will be accepted, without prejudice to the Buyer's rights under point 14 below.
5. Product Information
5.1 Information and descriptions relating to the Products are available on the Site and are provided prior to the conclusion of the purchase. All information relating to the Products, while constantly updated, is intended as general information material only.
5.2 All information on the Products is given in the Italian language.
5.3 The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality. In the event of any difference between the image and the written product description sheet, the product description sheet shall always prevail.
5.4 Peverelli Arredamenti reserves the right to correct errors, inaccuracies or omissions, even after an order has been sent, or to change, at any time and without prior notice, the characteristics of the Products and any other technical and/or commercial information reported on the Site, without prejudice to the Purchaser's rights under these General Sales Conditions and the Consumer Code.
6. Modalities of reimbursement
6.1 Any reimbursement to the Purchaser will be credited through one of the methods proposed by Peverelli Arredamenti and chosen by the Purchaser, in a timely manner and, in the event of exercising the right of withdrawal, within the terms provided for in point 14.4 below.
6.2 Peverelli Arredamenti uses the highest security measures commercially available in the sector. Moreover, the payment procedure takes place on a secure server that uses the SSL (Secure Socket Layer) protocol. The secure server establishes a connection that allows the transmission of encrypted information using 256-bit algorithms, which ensure that it is only intelligible to the Purchaser's computer and the Site.
Thus, using the SSL protocol guarantees:
(i) that the Purchaser is communicating his data to the central server of Peverelli Arredamenti and to no one else;
(ii) that between the Purchaser and the central server of Peverelli Arredamenti the data are transmitted in encrypted form, avoiding their possible reading or manipulation by third parties. Moreover, except in the case of cash on delivery payment, Peverelli Arredamenti declares that it does not have access to and does not record sensitive data concerning the payment method used by the Buyer. Only the entity processing the payment has access to this data, for payment and collection management purposes.
7. Time and method of delivery
7.1 Shipping methods and costs are clearly indicated during the purchase process.
7.2 Unless the Products are collected from Peverelli Arredamenti, the latter will deliver the Products purchased on the Site to the address indicated by the Purchaser during the purchase procedure by courier (hereinafter referred to as "Courier"). Peverelli Arredamenti will not be responsible for unforeseeable delays or delays not attributable to it.
7.3 Once the Products have been shipped, the Purchaser will receive a confirmation e-mail including the tracking code to be used for tracking the shipment.
7.4 Once the package has been delivered, the Purchaser will receive an e-mail of successful delivery.
7.5 In any case, except in case of force majeure or fortuitous events, the ordered Products will be delivered within 5 (five) working days if immediately available at Peverelli Arredamenti's warehouse, starting from the day after the day in which Peverelli Arredamenti confirmed the order to the Buyer through an order confirmation e-mail (see article 4.1 above). Otherwise, Peverelli Arredamenti, after receiving the order, will contact the Buyer to agree on the delivery of the ordered Products.
7.6 Upon delivery, the Purchaser shall check:
- that the packaging is undamaged, not damaged, not wet, or otherwise altered;
- that the number of packages corresponds to the number indicated in the transport document.
Any damage to the Product or to the packaging, or the mismatch of indications, must be immediately contested to the courier by affixing "Written Control Reservation" on the courier's proof of delivery. Once the courier's document has been signed, the Purchaser may not object in any way to the external characteristics of what has been delivered.
7.7 Peverelli Arredamenti will not be held responsible for delays or non-deliveries caused by causes not attributable to it, such as but not limited to
a) inadequate technical data or inaccuracies or delays by the Purchaser in the transmission to Peverelli Arredamenti of information or data necessary for the shipment of the Products;
(b) problems with production or order planning;
c) partial or total strikes, power failures, natural disasters, measures imposed by public authorities, transport difficulties, riots, terrorist attacks and in all cases of unforeseeable circumstances or force majeure;
(d) delays in the Courier.
The occurrence of any of the events listed above shall not entitle the Purchaser to claim damages or compensation of any kind.
7.8 In the event of failure to collect within 5 working days the material in stock at the Courier's warehouses due to repeated impossibility of delivery to the address indicated by the Purchaser when placing the order, the order will be cancelled due to the Purchaser's fault and the price will be retained, and the latter will be charged with all further expenses borne by Peverelli Arredamenti as sender.
8.1 All sales prices of the Products displayed and indicated on the Site are in Euro.
8.2 The sale prices, mentioned in the previous point, are inclusive of VAT and any other tax unless otherwise indicated by Peverelli Arredamenti (e.g. VAT exclusion in case of foreign purchases with deduction of the same in the purchase procedure). Shipping costs are charged to the Purchaser and will be added to the total amount of the order when the order is concluded.
8.3 Shipping costs and any ancillary charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure prior to the placing of the order by the Purchaser.
8.4 The sale takes place under reservation of title, therefore the ownership of the Products is transferred to the Purchaser only upon full payment of the price. Peverelli Arredamenti will retain ownership of the Products until the full payment of the price of the same, even in the event that a deferred payment is agreed. The risk on the Products passes to the Buyer or his representatives at the moment of delivery.
In the event of breach of these General Conditions by the Purchaser, Peverelli Arredamenti, at the Purchaser's expense, may repossess the Products at any time without the ownership of the same being transferred to the Purchaser.
9. Availability of Products
9.1 Peverelli Arredamenti ensures through the telematic system used that orders are processed and executed without delay.
9.2 The computer system of Peverelli Arredamenti confirms the registration of the order as soon as possible by forwarding a confirmation by e-mail to the Purchaser, in accordance with point 4.1.
9.3 If an order exceeds the quantity in the warehouse, Peverelli Arredamenti will inform the Purchaser by e-mail of the temporary unavailability of the Products and what the waiting time is for the same, asking whether or not it intends to confirm the order.
9.4 If the Purchaser has ordered a made-to-measure or customised product, without prejudice to the provisions of Article 14 below, Peverelli Arredamenti will inform the Purchaser, by means of electronic communication, of the availability of the customisation and the waiting time for its realisation.
10. Limitations of Liability
10.1 Peverelli Arredamenti accepts no responsibility for inefficiency due to force majeure, in the event that it is unable to execute the order within the time foreseen by the Contract.
10.2 Peverelli Arredamenti cannot be held liable towards the Purchaser, except in the case of fraud or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.
10.3 Furthermore, Peverelli Arredamenti will not be liable for damages, losses and costs suffered by the Purchaser as a result of the non-execution of the contract due to causes not attributable to him, with the Purchaser only having the right to full reimbursement of the price paid and any accessory charges incurred.
10.4 Peverelli Arredamenti is not responsible for any fraudulent or illegal use that may be made by third parties, of the credit cards or PayPal account used when paying for the purchased Products, if it can prove that it has taken all possible precautions based on the best science and experience at the time and on ordinary diligence.
11. Defect liability, proof of damage and compensable damage: the obligations of Peverelli Arredamenti
11.1 Pursuant to art. 116 of the Consumer Code, Peverelli Arredamenti is liable for damages caused by defects in the goods sold if it fails to inform the damaged party, within 3 (three) months from the request, of the identity and domicile of the manufacturer or the person who supplied the goods.
11.2 The aforesaid request, on the part of the injured party, must be made in writing and must indicate the Product that caused the damage and the date of purchase; it must also contain an offer to view the Product, if it still exists. The request must be made by attaching photographic evidence of the damage.
11.3 Peverelli Arredamenti shall not be held liable for the consequences deriving from a defective Product if the defect is due to the conformity of the Product, to an imperative legal norm or to a binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer put the Product into circulation, did not yet allow the Product to be considered as defective.
11.4 No compensation shall be due if the injured party was aware of the defect in the Product and of the danger arising therefrom and nevertheless voluntarily exposed himself to it.
11.5 In any event, the aggrieved party shall prove the defect, the damage, and the causal connection between the defect and the damage.
11.6 Damage to property as referred to in Section 123 of the Consumer Code shall, however, only be indemnifiable to the extent that it exceeds the sum of three hundred and eighty-seven euros (EUR 387).
12. Guarantees and Service Modalities
12.1 All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for in articles 128-135 of the Consumer Code ("Legal Guarantee"). The Legal Warranty is reserved for consumers.
12.2 Peverelli Arredamenti is liable for any conformity defect that becomes apparent within two years from delivery of the Product.
12.3 Without prejudice to paragraph 12.2 above,
12.3.1 In case of conformity defects of Products sold by Peverelli Arredamenti, the Purchaser must immediately contact Peverelli Arredamenti by sending an e-mail to the following address email@example.com;
12.3.2 The legal guarantees provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Purchaser has the right, at his or her choice and provided that the type of Product allows it, to have the conformity of the Product restored, free of charge, by means of repair or replacement, or to an appropriate reduction in the price or to termination of the contract;
12.3.3 The Purchaser loses these rights if he does not report the conformity defect to Peverelli Arredamenti within two months from the date he discovered the defect, pursuant to article 132, paragraph 2 of the Consumer Code;
12.4 Products that have been repaired, modified or in any way altered by the Purchaser are excluded from the Legal Warranty. Also excluded from the scope of the Legal Warranty are any failures or malfunctions or defects of any other kind caused by accidental events or by the Purchaser's liability or by use of the Product that does not comply with its intended use and/or with the provisions of the technical documentation attached to the Product, if any, or in the instructions for use relating to the same.
12.5 The guarantee is personal and shall therefore apply only to the original Purchaser.
13. Obligations of the Purchaser
13.1 The Purchaser undertakes to pay the price of the purchased goods at the time and in the manner specified in the contract.
13.2. The Purchaser undertakes, once the online purchase procedure has been completed, to print and retain the contract.
13.3 The Purchaser acknowledges and declares that he has read all the information provided during the purchase procedure and fully accepts these General Terms and Conditions.
14. Right of Withdrawal
14.1 The Purchaser has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, alternatively, (i) by proceeding, upon delivery at the shipping address previously confirmed to the direct and immediate return of the Product to the Courier - and this without any obligation to communicate such will to Peverelli Arredamenti with prior written communication (registered letter with return receipt or by certified e-mail) - or (ii) within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased Product.
14.2 If the Purchaser decides to avail himself of the right of withdrawal under 14.1 (ii), he must notify Peverelli Arredamenti using the withdrawal form to be sent by certified electronic mail to the address firstname.lastname@example.org.
14.3 In the latter case, once this communication has been received, Peverelli Arredamenti will provide instructions to the Purchaser on how to return the Products.
14.4 The right of withdrawal is governed by the following conditions:
a) In case of exercise of the right of withdrawal, Peverelli Arredamenti will refund the Buyer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date of receipt of the communication of withdrawal, without prejudice to the right of Peverelli Arredamenti to suspend the payment of the refund until the actual receipt of the Products. The refund will be made using the same payment method used by the Buyer. In case of bank transfer, the latter will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).
b) Shipping costs in connection with the return of the Products shall be borne by the Purchaser.
c) Shipment, until the certificate of receipt in the warehouse of Peverelli Arredamenti, is under the full responsibility of the Purchaser.
d) Peverelli Arredamenti shall not be liable in any way for damage or theft/loss of goods returned by uninsured shipments.
e) In case of damage of the goods during transport, Peverelli Arredamenti will inform the Buyer of what has happened (within 5 working days), in order to allow him to file a complaint against the Courier and obtain a possible refund. In this case, the Product will be made available to the Buyer for its return at the same time cancelling the request for withdrawal.
f) The right of withdrawal lapses for Products:
- made-to-measure and/or customised (Art. 59(c) of the Consumer Code);
- whose identification tag has been removed from the Products being an integral part thereof;
- returned damaged as a result of acts or facts unrelated to their transport to Peverelli Arredamenti;
- returned with altered packaging (i.e. used or with opened packaging or not intact or in any case altered with respect to what was delivered by Peverelli Arredamenti);
In the event of forfeiture of the right of withdrawal, Peverelli Arredamenti will return the purchased Product to the sender, detailing the reasons for the forfeiture and charging the sender for the shipping costs.
14.5 Upon receipt of the notice by which the Purchaser communicates the exercise of the right of withdrawal, the parties to this agreement are released from their mutual obligations, without prejudice to the provisions of the preceding paragraphs of this article.
15. Errors and Limitations of Liability
15.1 The information on the Products supplied through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors, for which therefore Peverelli Arredamenti cannot be held responsible, except in case of fraud or serious fault.
15.2 Peverelli Arredamenti reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to change or update information at any time without prior notice, without prejudice to the Purchaser's rights under these General Conditions and the Consumer Code.
15.3 Except in the event of wilful misconduct or gross negligence, any right of the purchaser to compensation for damages or to an award of damages is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance or non-fulfilment, even partial, of an order.
15.4 Peverelli Arredamenti is not liable in case of damages, of any kind, deriving from the use of Products in an improper way and/or not in accordance with the instructions provided by the manufacturer, as well as in case of damages deriving from fortuitous events or force majeure.
16. Causes of Termination
The obligations referred to in item 13.1, assumed by the Purchaser, as well as the guarantee of the proper performance of the payment made by the Purchaser with the means referred to in item 3.3, are of an essential nature, so that by express agreement, the non-performance of only one of these obligations, unless caused by unforeseeable circumstances or force majeure, shall entail the legal termination of the agreement pursuant to Article 1456 of the Civil Code, without the need for a court ruling.
17. Intellectual and Industrial Property Rights
17.1 Peverelli Arredamenti informs that the Site, as well as all trademarks and distinctive signs used by it in connection with the sale of the Products, are protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation is forbidden, in any form and for any purpose, of the Website contents, trademarks and distinctive signs used by Peverelli Arredamenti (such as, by way of example, the works, images, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colours, functions and design of the Website).
17.2 Peverelli Arredamenti assumes no responsibility for the trademarks and other distinctive signs that appear on the Products it markets on the Site, with respect to which the Purchaser acquires no rights following the conclusion of the contract.
18. Arrangements for archiving the contract
Pursuant to art. 12 of Legislative Decree 70/2003, Peverelli Arredamenti informs the Buyer that every order sent is stored in digital/paper form on the server/at the seat of Peverelli Arredamenti itself, according to confidentiality and security criteria.
19. Communications and complaints
Written communications addressed to Peverelli Arredamenti and any complaints will be considered valid only if sent to the following address: Peverelli Arredamenti, Via Clerici, 9 - 22070 Bulgarograsso (CO), or sent by e-mail to the following address email@example.com. The Purchaser indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from Peverelli Arredamenti to be sent.
20. Applicable Law and Jurisdiction
20.1 The sales contract between the Purchaser and Peverelli Arredamenti is concluded in Italy and regulated by Italian Law.
20.2 For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or of individual purchase orders if the Purchaser is a consumer pursuant to the Consumer Code, the Court of the Purchaser's municipality of residence or domicile shall have exclusive jurisdiction if located in the Italian territory; in all other cases, the Court of Milan shall have exclusive jurisdiction, any other jurisdiction being excluded.
20.3 In the event of litigation relating to the payment of a sum of less than €50,000.00 deriving from e-commerce sales made to purchasers who do not qualify as "consumers", before commencing litigation before the Court, it is necessary to initiate an "assisted negotiation" procedure pursuant to Legislative Decree No. 132/2014.
20.4 In any event, mediation procedures pursuant to Legislative Decree 28/2010 may be used optionally to settle any disputes arising out of the interpretation and performance of these General Terms and Conditions.
21. Telematic sending of documentation
Pursuant to art. 12 of Legislative Decree 70/2003, Peverelli Arredamenti informs the Buyer that, in order to speed up and improve the quality of the service offered, it has activated an automatic document transmission service, and that every order sent is stored in digital/paper form on the server/at Peverelli Arredamenti's premises, according to confidentiality and security criteria. By accepting these Conditions, the Buyer expressly agrees that order confirmations, transport documents and invoices can be transmitted and/or made available to him in electronic format. The documents will be sent by e-mail to the e-mail address communicated to Peverelli Arredamenti by the Buyer, who will be obliged to print and keep the documents sent in accordance with Presidential Decree 633/72, as amended and supplemented. It will therefore be the sole responsibility of the Buyer to inform Peverelli Arredamenti of any variation to the e-mail address communicated.
22. Amendments to the General Terms and Conditions of Sale
Peverelli Arredamenti reserves the right to change the Website, its content and these General Sales Terms at any time to offer new products or services, or to comply with legal or regulatory provisions. The Buyer will be subject to the terms of the General Terms and Conditions of Sale in force at the time he orders the Product, unless any changes to these policies and terms are required by applicable law or competent authorities (in which case, they will also apply to orders placed previously). If any provision of these Terms and Conditions is held invalid, void or for any reason unenforceable, such provision shall not affect the validity and enforceability of the remaining provisions.