Terms and condition
(a) The offer and sale of products on the www.pellasportswear.com website are governed by the following General Terms and Conditions of Sale.
(b) The products purchased on the website www.pellasportswear.com are sold by: PELLA SRL, with registered office in Valdengo (BI), via Genova 11, enrolled in the Register of Companies of Biella, no. 202863, VAT no. IT02653500021.
ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
1.1 All contracts shall be concluded directly by accessing the website corresponding to the address www.pellasportswear.com where the customer may conclude the contract for the purchase of the desired good and/or product by carefully following the instructions and procedures provided.
1.2 These general conditions of sale are an integral and essential part of the contract of sale, which is why they must be examined “on line” by the customer before completing the purchase procedure. Submission of the order confirmation therefore implies full knowledge of them and their full acceptance.
1.3 The general terms and conditions of sale may be updated or modified at any time by www.pellasportswear.com, which will communicate this through the pages of the website. The customer undertakes and is obliged to print and retain them.
1.4 By telematically sending the confirmation of his purchase order, the customer unconditionally accepts and undertakes to observe, in his relations with www.pellasportswear.com, the general conditions of sale, including the conditions of payment illustrated below, declaring that he has read and accepted all the information provided to him.
1.5 www.pellasportswear.com shall not be bound by any different general conditions unless previously agreed and accepted in writing.
SALE PRICES AND PURCHASING METHODS
2.1 All sales prices of the products displayed and indicated on the website www.pellasportswear.com, which constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code, are inclusive of VAT and all other taxes for sales within the borders of Italian territory.
2.2 The total cost of shipping and transport to the customer’s domicile shall be borne by the customer. This cost will be communicated at the time of purchase.
2.3 The purchase contract is finalised by the exact compilation and consent to the purchase manifested through the adhesion given “on line”, subject to the successful completion of the payment.
2.4 Promotional codes provided by the pellasportswear.com website or distributed during trade fairs and/or exhibitions are NOT applicable to products “on offer” on the www.pellasportswear.com website.
METHODS OF PAYMENT
3.1 The customer can pay for the goods ordered by Credit Card (Visa, Mastercard), by bank transfer or by PayPal service.
Credit Card (Visa, Mastercard).
Payment by credit card on www.pellasportswear.com is carried out in total safety and protection: Pella Sportswear relies on BIVERBANCA’s system for making online payments, which puts security in the management of transactions first, reassuring customers about the processing of their data on the Internet.
Credit card data is only entered on BIVERBANCA’s secure server, which uses the SSL3 security protocol with 128-bit encryption (to date the highest security standard with server-side certification) and immediately transmitted to international authorisation circuits.
Sensitive credit card data are therefore never collected or memorised on the Pella Sportswear server as a total guarantee of the purchaser’s security.
For any information you can address your questions to email@example.com
After placing your order, you will wait for the confirmation of the material available and proceed with the bank transfer payment, our bank details will be provided by email.
The goods will be shipped when the bank transfer is credited to our account, i.e. in 3-5 days.
The transaction is not handled by the seller’s server but directly by PayPal: all personal and financial information travels on secure servers. By using PayPal payment you will be redirected to a page on the PayPal site where you will be asked to enter your personal data to make the payment: for more information visit www.paypal.it
METHODS OF DELIVERY
4.1 www.pellasportswear.com shall send the selected and ordered products to the carrier/freight forwarder, thereby finalising delivery, to be transported to the customer at the address indicated by the customer. Delivery times are set at 7/10 working days.
4.2 The purchased goods shall be prepared with extreme care, using suitable packaging that will protect the goods from possible shocks and ensure good thermal insulation.
4.3 All shipments are entrusted to serious and professional couriers who, by internal regulations, cannot leave parcels unattended at the entrance to customers’ homes/offices. For this reason, purchasers are asked to indicate the precise address at which they will find a receptionist.
4.4 It is possible to find out the status of the shipment by entering the tracking number, received in the e-mail of dispatch, on the official websites of the couriers.
4.5 Shipments can be monitored 24/48 hours after receipt of the e-mail indicating that the parcel has been prepared by searching for the tracking number on the couriers’ official websites:
4.6 The customer shall verify, upon receipt, the conformity of the product delivered to him with the order placed; only after such verification, and subject of course to the right of withdrawal governed below, shall the customer sign the receipt documents.
5.1 www.pellasportswear.com assumes no liability for inefficiencies attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the agreed time frame.
5.2 www.pellasportswear.com shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract due to the aforementioned causes, the customer only being entitled to a refund of the price paid.
5.3 Similarly, www.pellasportswear.com is not responsible for any fraudulent or illicit use that may be made by third parties, of credit cards, cheques and other means of payment, when paying for the products purchased. www.pellasportswear.com, in fact, at no time during the purchase process is it able to know the customer’s credit card number which, by opening a secure connection, is transmitted directly to the bank service provider.
GUARANTEES AND METHODS OF ASSISTANCE
6.1 www.pellasportswear.com markets high quality products. The conformity guarantee shall run from the day of invoicing of the goods. We therefore ask you to keep the sales invoice.
6.2 www.pellasportswear.com is not liable for damage/damage caused to the goods by the user.
OBLIGATIONS OF THE CUSTOMER
7.1 The customer undertakes and is obliged, once the “online” purchase procedure has been completed, to print and keep these general terms and conditions.
7.2 It is strictly forbidden for the customer to enter false, and/or invented, and/or fictitious data in the registration procedure required to activate the procedure for the execution of this contract and the relative further communications; the personal data and e-mail address must be exclusively their own real personal data and not that of third parties, or fictitious.
7.3 It is expressly prohibited to enter data of third persons. In this regard, www.pellasportswear.com reserves the right to prosecute any violation and abuse.
7.4 The customer shall indemnify www.pellasportswear.com from all liability arising from the issue of incorrect tax documents due to errors in the data provided by the customer, since he/she is solely responsible for their correct entry.
RIGHT OF WITHDRAWAL AND COMPLAINTS
8.1 Pursuant to Art. 64 of Legislative Decree No. 205/06, the consumer may exercise the right of withdrawal and return the product received, in accordance with the terms and procedures provided below.
8.2 The consumer who, for any reason, is not satisfied with the purchase made, has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the term of 10 working days from the day of receipt of the product purchased, by sending, within the aforementioned term, written notice of withdrawal (a) by registered letter with return receipt to the following address Pella Sportswear SRL, Via Genova 11 Valdengo (BI) or by fax (to the following number 015.8282463) or by e-mail to the following e-mail address (firstname.lastname@example.org ), provided that such communication is confirmed within the following 48 hours by registered letter with return receipt referred to in point (a) above.
8.3 If the consumer has exercised the right of withdrawal in the manner referred to in point 8.2 above, the consumer must return the product no later than the fifteenth working day after receiving the product, by direct delivery or shipment to Pella Sportswear Srl via Genova 11 Valdengo (BI). All product return costs shall be borne by the consumer. All items must be returned and received by Pella Sportswear Srl, via Genova 11 Valdengo (BI), undamaged and in the same state in which they were received, with the original packaging. The garments must not have been used or damaged.
8.4 In the event that all the conditions and obligations of the consumer foreseen in the previous points 8.2 and 8.3 have been respected, www.pellasportswear.com will refund the sale price net of shipping costs incurred, after deducting any costs related to the return incurred by www.pellasportswear.com.
Pursuant to Art. 13 of Legislative Decree no. 196 of 30.6.2003 (Privacy Code) we inform the customer of the following.
The customer’s personal data will be processed for (i) purposes functional to the fulfilment of fiscal, accounting and legal obligations and purposes of contract and customer management (supply of products and accessories, assistance service, replacement, repair, customer management and administration, orders, shipments, invoices, solvency control and litigation management) and for (ii) purposes related to commercial activities (mail order, marketing and advertising, market analysis and surveys, promotional activities, customer satisfaction survey, statistical analysis). The data will be processed, also through the creation and management of a central archive, with paper, computer and telematic supports to which specialised and authorised personnel have access. The provision of personal data essential for the fulfilment of legal obligations and/or the establishment and/or continuation of the contractual relationship is compulsory, in the sense that in the absence thereof it will be impossible to establish and/or continue such relationship. The provision of other personal data is optional and generally functional in order to provide a better service to customers; any refusal to provide such data will have no negative consequences for the customer.
Personal data concerning the customer may be communicated to parent companies, subsidiaries and/or affiliates of www.pellasportswear.com for the same purposes as above or to external service providers specialising in: (i) management of software, hardware, telematic and information systems; (ii) data processing and archiving activities; (iii) printing, transmission, enveloping, transport and sorting of communications to customers; (iv) financing services, credit recovery and financial risk detection.
We remind you that customers may always exercise their rights under Article 7 of the Privacy Code. The data controller is Pella Sportswear Srl with registered office in Valdengo (BI), VIA Genova 11 tel. +39 015881532. By contacting the data controller directly, it will be possible to find out the name of the data controller and of the authorised persons working or collaborating with PELLA Sportswear Srl.
We remind you that anyone sending their personal data may at any time exercise the rights recognised by art. 7 of Legislative Decree 196/2003, the text of which is given below.
(Right of access to personal data and other rights)
1. The data subject shall have the right to obtain confirmation as to whether or not personal data concerning him/her exist, regardless of their being already recorded, and communication of such data in intelligible form.
2. The data subject shall have the right to obtain indication of
(a) the origin of the personal data
b) the purposes and methods of processing
c) the logic applied in the event of processing carried out with the aid of electronic instruments
d) the identity of the data controller, data processors and the representative designated pursuant to Article 5(2)
e) the entities or categories of entity to whom or which the personal data may be communicated or who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing.
3. The interested party has the right to obtain
a) the updating, rectification or, where interested therein, integration of the data;
b) the cancellation, transformation into anonymous form or blocking of data processed in breach of the law, including data whose storage is not necessary in relation to the purposes for which the data were collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
4. The data subject shall have the right to object, in whole or in part
a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection
b) to the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.
In order to exercise the rights provided for by art. 7 of Legislative Decree 196/03, summarised above, the interested party must make a written request addressed to Pella Snc at Studio Associato rag. Locatelli e rag. Terzoglio, via Milano n. 215, 13856 Vigliano Biellese.
By telematically sending the confirmation of their purchase order, the customer acknowledges the above information and consents to the processing of the personal data provided.
JURISDICTION AND COMPETENT COURT
10.1 Any dispute relating to the application, execution, interpretation and breach of the purchase contracts stipulated “on line” through the website www.pellasportswear.com is subject to Italian jurisdiction.
10.2 Any dispute between the parties concerning this contract shall be settled by the Court of Biella.
*All the articles of these general conditions of sale are approved and fully accepted. The submission of the order confirmation determines the acceptance of the aforementioned conditions and explicitly of articles 1, 2, 4, 5, 6, 7, 8, 10.