GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (“General Terms and Conditions”) govern the methods and conditions for products sold by Pasqualina S.r.l., based in Almenno San Bartolomeo (Bg) – Via Papa Giovanni XXIII, 39 – tax code and VAT number 01552260166 hereinafter “Seller”. All contracts for the sale of products by the Seller to third parties are governed by these General Terms and Conditions, which form an integral and essential part of every proposal, order, and purchase order confirmation of the products themselves. The terms and conditions of sale applicable to the order are those in force on the date of the order.
1. Products: prices and characteristics
Unless otherwise indicated, the prices of the products published by the Seller are inclusive of VAT. The prices of the Products published by the Seller from time to time cancel and replace the previous prices and are subject to the actual availability of the Products. The Seller reserves the right to confirm or change the prices of the Products published on its website or in informative brochures and advertising material upon confirmation of the Customer’s order. The prices published on the website may differ from the prices of the same products at the Seller’s shops, as they refer to limited stocks and are exclusively dedicated to the e-commerce channel.
The technical and functional characteristics regarding Products published by the Seller through its own promotional messages and informative brochures are those communicated by the respective producers. The Seller assumes no responsibility for the truthfulness and completeness of said information. The images of the products are an indication and are not binding.
Product samples are not provided. Although the Seller’s staff can provide information on Product characteristics, the Customer is responsible for the choice of Products ordered and for the compliance and conformity of specifications indicated by each producer with their needs.
2. Orders – Billing
All purchase orders for products sent to the Seller must be complete in their entirety and must contain all the elements necessary for the correct identification of the Products ordered. Each order of Products sent to the Seller is a contractual proposal by the Customer and, therefore, will be binding for the Seller only if confirmed by the same in acceptance. Fulfillment of the order by the Seller is equivalent to confirmation and acceptance of the same.
The Seller reserves the right to cancel orders placed and not paid after 10 days from the date of the order. In the event of failed processing of the order by the Seller (if this is due to unavailability of the Products ordered by the Customer), the Seller will inform the Customer as soon as possible, reimbursing any sums already paid by them for the unfulfilled order. In this case, the Customer will not be entitled to any reimbursement or indemnity or compensation of any kind.
Fiscal documentation related to the ordered Products will be issued by the Seller when Products are shipped to the Customer. If the Customer has a VAT number and wishes to receive an invoice in his own name, he must indicate the name, address, and VAT number to be included on the invoice of the order.
3. Product delivery
The delivery terms indicated by the Seller when confirming the order (standard timing: 10 working days from receipt of the order) refer to the Products present in their warehouses and, although carefully evaluated, must be understood as non-binding for the Seller, who can subsequently confirm or modify them, according to their actual needs. Any delays in deliveries of less than 30 (thirty) days do not entitle the Customer to refuse delivery of the Products or claim compensation or indemnities of any kind.
The cost for direct shipping in Italy with a minimum order of € 30.00 amounts to € 5.00. For the regions of Calabria, Sicily, and Sardinia, direct shipping costs € 7.00. Orders over € 90.00 are shipped free in Italy. The cost for shipping abroad will be estimated before the order is confirmed by the Customer. On delivery of the goods by the courier, the Customer is required to check: – that the number of packages corresponds to what is indicated in the courier’s delivery note; – that the packaging is intact, not damaged, or otherwise altered.
The existence of any damage or the inexact number of packages must be immediately reported to the courier by means of a specific message added to the delivery note: “Received unchecked”. It is understood that in the event of no dispute, the Customer accepts the goods delivered to him. The goods travel at the risk of the recipient even if sold carriage paid. The risks deriving from transport are insured. Any problems concerning the integrity, correspondence, or completeness of the products received must be reported within 24 hours of delivery by email to firstname.lastname@example.org. In case of non-collection within 5 working days of the material in storage at the courier’s warehouses resulting from the impossibility of delivery to the address indicated by the Customer, the purchase order will be automatically canceled. If the Customer expresses the desire to receive the goods again, the shipping costs will be entirely at his expense (for the return due to storage and for a new shipment). The Seller has the right to ship the Products (even relating to the same order) in several partial deliveries. Special terms and conditions of delivery must be agreed in advance between the Customer and Seller and accepted in writing by the Seller.
4. Product payment
Bank transfer: the customer can make the bank transfer to Pasqualina S.r.l.
Bank: BPER AGENCY ALMENNO SAN BARTOLOMEO (BG), IBAN: IT 64 J 05387 52500 0000 4261 3747, indicating the order number as the reason for the transfer. To speed up shipping times, the customer must send a copy of the bank transfer to the email address email@example.com
Platforms: PayPal and Satispay.
Credit card: credit cards in the Visa and Mastercard circuits can be used; payment is made directly on a secure server to ensure the absolute security of the transactions. Orders paid by credit card are expedited more quickly.
Delivery times are indicated in the shipping sheet. Delivery times start from the confirmation of payment and not from the confirmation of the order; shipping is the date of departure from our warehouses and not the date of arrival.
5. Special offers and gifts
Any special offers promoted by the Seller are valid until stocks are exhausted and, in any case, are subject to the actual availability of the related products with the Seller. Special offers proposed by the Seller are not cumulative. Special offer products may be in promotional packs.
6. Product guarantees and technical assistance
The Seller guarantees only the material integrity of the products at the time of delivery (hereinafter, “Seller Guarantee”). Any defects covered by the Seller Guarantee must be reported by the Customer, under penalty of forfeiture, no later than 2 (two) days from the delivery date. In the event of the Seller Guarantee being in effect, the Customer will only be entitled to replacement of the damaged Products upon return of the same, since the Customer has no right to any other kind of compensation. The Customer is responsible for the shipping costs necessary for replacement of the Products. Upon delivery of the package, the Customer must check the integrity of the package; if the tape is securely attached to the package, the Customer can accept the package but it is always better to write “received without checking” on the delivery bill. That way, if the package arrives with the packaging intact but the product broken inside during transport, the Customer must notify us within a maximum of 2 days from receipt of the package, otherwise the responsibility falls entirely upon the recipient. Upon receipt of the notice that the product broke during transport, the Seller opens a complaint procedure with the courier and makes arrangements to replace the product for the Customer.
Without prejudice to the hypothesis of willful misconduct or gross negligence by the Seller, it is agreed that, should the Seller’s liability in any capacity towards the Customer be ascertained — including the case of total or partial non-fulfillment of the obligations assumed by the Seller towards the Customer as a result of the execution of an order — the Seller’s liability cannot exceed the price of the Products purchased by the Customer and for which the dispute has arisen.
Manufacturer’s Guarantee (where it is specified that the manufacturer is responsible for the guarantee): The Customer must contact the Customer Assistance Center directly. Obviously, he will always receive all our help and utmost attention.
7. Right of withdrawal
7.1 Pursuant to and for the purposes of art. 59 lett. d) of the Consumer Code, the right of withdrawal related to fresh products that risk deteriorating or expiring rapidly is excluded. Pursuant to and for the purposes of art. 59 lett. c) of the Consumer Code, the right of withdrawal for products personalized or custom-made at the User’s request is in any case excluded.
7.2 In all other cases, the User, as the Consumer, has the right to withdraw, without penalties and without the need to specify the reason, no later than fourteen days from receipt of the Products (or, in the case of multiple products ordered through a single order and delivered separately, from the day on which the User or a third party designated by him, other than the courier, takes physical possession of the last product).
7.3 For the purpose of exercising the right of withdrawal, the User must, before expiration of the term referred to in the previous point, inform Pasqualina S.r.l. of his decision by sending a written communication within 14 days of receipt of the Products to the following address:
– Pasqualina S.r.l., Via Papa Giovanni XXIII, 39 – 24030 ALMENNO SAN BARTOLOMEO (BG)
This communication can be sent by post or by email to the address: firstname.lastname@example.org
7.4 If exercising the right of withdrawal, the User is required to return the Products received to Pasqualina S.r.l., sending them to its headquarters at the address indicated above, without undue delay and in any case within fourteen days following the date on which the User has communicated his decision to withdraw; the deadline is considered respected if the User returns the Products before expiration of the fourteen-day period.
7.5 The User is responsible for the direct cost of returning the Products.
7.6 The User is required to return the Products intact and in a good state of conservation. The packaging of the Products must be accurate to protect the original wrappings from damage and the affixing of writing or labels. The Consumer is responsible for the decrease in the value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, or functioning of the same.
7.7 If the right of withdrawal has been exercised in accordance with the aforementioned provisions, Pasqualina S.r.l. will, within fourteen days of receiving the notice of withdrawal, refund the User for all payments received, related to the order to which the withdrawal refers, utilizing the same payment method used by the User for the initial transaction where this does not entail costs for the User deriving from the refund; however, Pasqualina S.r.l. has the right to withhold the refund until it has received the Products or until the User has demonstrated that he has returned the Products, whichever occurs first.
8. Intellectual property
All text, comments, illustrations, and images reproduced on our website are copyrighted. All rights reserved. Any partial or total reproduction without the Seller’s consent is prohibited.
9. Privacy protection
10. Place of Jurisdiction
Without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined pursuant to Article 1 letter b) of Legislative Decree 22 May 1999 n. 185), any dispute connected to these General Conditions will be under the exclusive jurisdiction of the Court of Bergamo. Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood and to specifically accept all the clauses of the Seller’s General Conditions of Sale.