General Terms and Conditions of Use
Preconditions
I.The Pezzi di Napoli Project
The General Terms and Conditions of Use regulate the access and use of the site: www.pezzidinapoli.it.
The offers available on this site, in compliance with all current regulations of e-commerce and distance contracts, are proposed by the Company 22.0 S.r.l., owner of the “Pezzi di Napoli” brand (hereinafter “the Company”)
The project referred to with the brand name “Pezzi di Napoli” is aimed at preserving the memory of some of the immense historical, artistic and cultural heritage of the city of Naples.
This online shop promotes and sells, among other items, objects and home furnishings under the exclusive brand denominated “Pezzi di Napoli” (the “Pezzi di Napoli products”), as well as products by artists, designers and authors in general referred to in the “Partners” section.
Access and use of this site and the subsequent purchase of products requires that users must read, understand and accept the Terms and Conditions of Use.
- Partners
The artists, designers and authors in general who have requested and agreed to become partners of the “Pezzi di Napoli” project, in compliance with all relative obligations provided for by the sales agreements signed with the Company 22.0 s.r.l., may utilize the section of this website called “Shop”, which is specifically dedicated to them, and use the Site Services to present, advertise and sell their own-brand products.
All authors interested in joining the Pezzi di Napoli project must fill out the appropriate form that can be found on the site and send it to ………….
The Company reserves the right to accept or refuse any requests for partnership at its own discretion.
Each partnership is regulated according to the sales agreement mutually signed by the author and the Company, according to the terms and conditions specified therein.
The Partners declare that they have read, understood and accept all the present Terms and Conditions of Use.
III. Intellectual Property
The Company, 22.0 s.r.l., is the sole owner of the intellectual property rights for the www.pezzidinapoli.it website, and of the right to distribute the items contained in the catalogue of the online shop.
All content included on this site, such as works, images, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), are owned by the 22.0 s.r.l. Company and / or its Partners and are protected by national and international copyright laws, along with other intellectual property laws.
Consequently, the partial or total reproduction or use, on any medium, of any elements that constitute the Website and catalog, as well as their transfer to third parties, are strictly prohibited.
In particular, the user cannot reproduce, publish, distribute, display, modify, create works derived from, or in any way exploit, in whole or in part, the Content without obtaining prior written consent from the 22.0 s.r.l. Company and / or its Partners, as appropriate.
The 22.0 s.r.l. Company and / or its Partners, accordingly, shall have the exclusive right to authorize or prohibit, at their sole discretion, any reproduction, publication, distribution, display, modification, derivative works, or exploitation in any way, partial or complete, of the Content. The 22.0 s.r.l. Company and / or its Partners, accordingly, have the right to claim authorship of any Content posted on this website at any time, and to object to any use, distortion or further modification of the Content.
Any reproduction, publication, distribution, display, modification, creation of derivative works or any form of exploitation of the Contents for which authorization has been expressly granted in writing by the 22.0 s.r.l. Company and / or its Partners, must be implemented by users for exclusively legitimate purposes and in compliance with all applicable laws.
- Privacy Policy
The Privacy Statement can be found in the dedicated section of the website, and also applies to users who access the website and utilize the services without making purchases. We recommend reading the Privacy Policy carefully, as it will help the user understand how and for what purposes the 22.0 s.r.l. Company collects, manages and uses their personal data.
- Applicable law
The General Terms and Conditions of Use on this website are governed by Italian law.
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Art. 1 – General Sales Terms and Conditions
1.1. These general sales terms and conditions (hereon “General Terms”) regulate the terms and conditions of sales for all products advertised and sold on the website www.pezzidinapoli.it.
1.2. All sales contracts for Pezzi di Napoli Products, and for the Partners’ Products, to third parties (the “Customers”) are regulated by these General Terms, which form an integral and substantial part of each offer, order and confirmed purchase for the Products. The applicable sales conditions are valid starting on the date in which the order was placed.
1.3. Customers hereby declare to have read, understood and accepted all the present General Terms, in particular, prior to placing an order for purchase.
Art. 2. – Products: Prices and Features
2.1. Unless otherwise indicated, the prices for products by Pezzi di Napoli and their Partners, as published on this site by the Company, are in Euro currency and include VAT, but do not include shipping costs.
2.2. The shipping costs for all products sold will be borne exclusively by the Customer.
2.3. Furthermore, all shipments to countries located outside of the European Union are net of any customs duties, which shall be charged to the recipient at the time of delivery, upon request by the shipper.
2.4. The price guaranteed to the buyer is the price published on the Website when the order is placed. All purchase prices are fixed and final.
2.5. The most recent prices published by the Company for Products on the Website cancel and replace all previous prices, and are subject to the actual availability of the Products.
2.6. The visual, technical and functional characteristics of the Products promoted by the Company on the web pages dedicated to Product descriptions, through the use of images and informational texts, have been provided by the authors, designers, and / or manufacturer. The Company assumes no responsibility for the truthfulness and completeness of such information. All images of the Products are indicative and non-binding.
2.7. The Products are not available on trial. Although Website operators can provide information regarding Product characteristics, the Customer is responsible for his or her selection of Products and for ensuring that the specifications provided by each Author and / or Manufacturer meet and conform to his or her needs.
Art. 3 – Orders
3.1. The order form on the website contains information regarding the primary characteristics of each product ordered and the price-per-unit (including all applicable taxes and fees), and also specifies what types of payment are accepted for the purchase of each product, the shipping terms for purchased products, and all shipping and delivery costs.
3.2. In order to place an order for the purchase of one or more products, the online order form must be filled in and and sent electronically to the Company, following the instructions therein.
3.3. Each and every Product order submitted to the Company by the Customer constitutes the stipulation of a contract. Order fulfilment signifies confirmation and acceptance of the aforementioned by the Company.
3.4. Fiscal documents for ordered Products will be issued by the Company upon shipment of the Products to the Customer.
3.5. An invoice will be issued by the Company; the Customer must properly indicate all required billing information and specify the mailing address for the invoice.
3.6. No changes are permitted once the invoice has been issued.
3.7. For products sold on behalf of the Partners, the Company will send the Customer’s order to the Partner.
3.8. An order is deemed sent when the seller has received the electronic order form and the order information has been verified as correct.
3.9. By submitting an order form and stipulating a contract with the Company, the Customer unconditionally accepts these General Sales Terms and Conditions and all further conditions contained on this website, also those accessed by links, including all the Terms and Conditions of Use and the Privacy Policy.
Art. 4 – Execution of the order
4.1. The order will be executed according to the terms specified on this website.
4.2. Should the order not be executed by the Company (due to unavailability of the “Pezzi di Napoli” Products ordered by the Customer), the Company shall inform the Customer as soon as possible of the expected date on which the desired Product shall be supplied. The same will happen in the case of non-executed orders for Partners’ products.
4.3. In case of breakage, stock depletion, or unavailability of the ordered Product, the Company undertakes to inform the Customer as quickly as possible and to specify a deadline for availability.
4.4. The Customer must confirm by e-mail his or her decision to wait for Product availability or to request a refund.
Art. 5 – Order Acceptance
5.1. The contract shall be executed upon confirmation of the order by the Company or by the Sales Partner.
5.2. The Customer will receive a notification of receipt by email, fax or ordinary mail containing the order confirmation and all elements pertinent to the contract (products ordered, prices, delivery dates, shipping costs…).
5.3. The Company reserves the right not to confirm an order for any reason, particularly when due to a Product supply issue, or to a problem concerning the order received.
Art. 6 – Shipping
6.1. Shipping costs shall be borne exclusively by the Customer and are indicated separately on the order form and on the invoice, unless otherwise specified.
6.2. Shipments will be sent upon receiving confirmation of payment: for bank transfers, this means after payment has been credited to the Company’s bank account; for payment by credit card or Paypal, upon receiving confirmation of the transaction by the circuit.
6.3. The Company utilizes the services of qualified couriers specialized in the delivery of objects and furnishings, in order to ensure the quality of service and Product integrity.
6.4. The Company has the right, and sole discretion, to deliver the ordered Products using the previously selected courier of their choice.
6.5. The Sales Partner undertakes to use the Company’s chosen Courier for the shipment of any products sold.
Art. 7 – Delivery
7.1. The Products shall be delivered to the address indicated in the order by the Customer.
7.2. The purchased products will be delivered on working days only (excluding Saturdays, Sundays and local or national holidays) within the deadline indicated during the check-out procedure.
7.3. The delivery date for orders containing items with numerous delivery dates, shall be the latest delivery date for the ordered items. Any delivery delays of less than 30 (thirty) days do not entitle the Customer to refuse the delivery of the Products, nor to claim compensation or indemnity of any kind.
7.4. The Company retains the right, when deemed appropriate, to deliver the Products in separate deliveries (even when part of a single order).
7.5. A delivery is to be considered executed upon delivery of the Product to the Customer.
7.6. The delivery document issued by the carrier upon delivery of the Product, once dated and signed by the Customer, will constitute proof of transport and release of the goods.
7.7. Upon delivery, the Customer must verify the content, compliance and the state of the Product (s) integrity. Therefore, the Company advises the Customer (or a designated representative thereof) to verify the state of the Products upon delivery, prior to signing the acknowledgment of receipt, and in particular to:
– confirm that the number of items delivered corresponds to what is indicated on the transport document attached to the shipment;
– ensure that the packaging and its seals are intact, undamaged, not wet or otherwise altered in any way, and check the integrity of the contents.
7.8. If the Customer discovers any anomalies, he or she must refuse the delivery of the products or specify any reservations in writing with the details and date. If the courier’s document is signed without adding any “reserves”, the Customer will no longer be permitted to make any claims about the external characteristics of the delivered goods. Any problems concerning the physical integrity, product correspondence or completeness must be reported within 3 (three) days of delivery.
Art. 8 – Collection of products when customer is absent
8.1. Should the recipient be absent during delivery, the carrier will leave a notice of passage at the delivery address indicated by the Customer. The Products must be collected at this address and in accordance with the procedures indicated by the carrier.
8.2. In case of failure to collect within the deadline established by the carrier, the Products will be returned to the Company, which reserves the right to reimburse the price of the Products, with all shipping costs charged to the Customer.
8.3. In the event of any error concerning the Product, the Customer hereby agrees to return the Product or Products to the Company within 7 (seven) days of receipt, on the condition that they be returned with the packaging intact, in an unaltered state with original packaging, along with all accompanying documents.
Art. 9 – Force Majeure
9.1. Specifically, the following cases are considered cases of force majeure, in addition to those normally considered as such by jurisprudence:
– total or partial strikes, both internal or external to the company, blocking of the means of transport or supply for any reason, governmental or legal restrictions, computer failures, blocking of telecommunications including networks, the internet in particular.
9.2. In case of force majeure, the execution of the order will be immediately and legitimately suspended.
9.3. If after a period of 3 (three) months, both parties note the case of force majeure still persists, the order will be canceled automatically, unless otherwise agreed by both parties.
Art. 10 – Guarantees and Limitation of Liability
10.1. The Company does not sell products that are flawed or of a quality inferior to the market standards.
10.2. All prices are subject to change and are the same as those indicated on the website at that time, unless there is an obvious error. The Customer is obliged to check the final sale price prior to submitting the order form.
10.3. The Company undertakes to offer the best possible online shopping Services, however the user utilizes these Services exclusively at his or her own risk. In particular, the Company does not guarantee that: (i) the Services will be secure or available at a specific time or place; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the Services will meet the user’s expectations.
10.4. The Company guarantees the physical integrity of only “Pezzi di Napoli” Products at the time of delivery.
10.5. Without prejudice to the provisions of the previous point, the Company does not provide any further guarantee for the Products. In particular, the Company does not issue any guarantee regarding the Products’ compatibility with other Products or equipment used by the Customer, nor provides any guarantee regarding the suitability of the Products for the specific use intended by the Customer. The Customer indemnifies the Company from any claim related to the Products sold through the website www.pezzidinaopoli.it, including defective Products, false declarations by vendors, or items that have caused physical damage (such as in cases of product liability).
10.6. In the case of sales on behalf of Sales Partners, all technical assistance and guarantee interventions for the Products shall be performed, as required, by the individual Sales Partners, in accordance with the terms and procedures indicated in the documentation provided with the Products. The Company provides no guarantee concerning Product quality, safety or even legality. Any legal claim regarding an item purchased by the Customer must be referred directly to the Product Partner. The Company will not be in any case responsible for any non-compliance or damages that the Customer may endure pertaining to the purchase of a product. The Sales Partner expressly exempts the Company from any liability concerning the shipping and delivery of own-brand products.
10.7. Without prejudice to hypothetical willful misconduct or gross negligence by the Company, it is hereby agreed that, should Company liability be established for any reason on behalf of the Client – including the case of total or partial non-fulfillment of the obligations to the Customer in the execution of an order – the the Company’s liability cannot exceed the purchase price paid by the Customer for the Products in dispute.
Art. 11 – Right of Withdrawal and Return Policy
11.1. If the Customer qualifies as a “consumer” (an individual whose actions are motivated by purposes other than trade, business or profession), he or she has the right to withdraw from the contract and return the Products ordered, with no penalty and without specifying the reason, within 14 (fourteen) days of receiving of the Products.
11.2. The right of withdrawal specified in the previous point, can be exercised by the Customer within 14 days, with no explanation required. The withdrawal period expires 14 days after the date in which the Customer or a third party (excluding the carrier and designated by the Customer) takes physical possession of the goods. To comply with the withdrawal deadline, the Customer must send notice regarding his or her intention to exercise of the right of withdrawal prior to the end of the withdrawal period.
11.3. To exercise the right of withdrawal and return the Product, the Customer must inform us by email at: info@pezzidinapoli.it, explicitly declaring his or her decision to withdraw from the contract. Consequently, arrangements will be made for the return of the product.
11.4. The Customer is obliged to take adequate and reasonable care of the product (s) while it is in his or her possession. Should non-compliance with this obligation occur, the Company reserves the right to take action for damages. In particular, the Customer is responsible any decrease in value of the purchased items should this be due to handling of the product for any reason other than to ascertain the nature, characteristics and functionality of the product. The returned product must be returned in re-sellable conditions.
11.5. Any costs associated with the return and importation to Italy (if required) will be borne by the customer.
11.6. The Company advises Customers to check the status of the Products at delivery prior to signing the acknowledgment of receipt; in particular, to ensure that the number of packages delivered is equal to those specified in the attached transport document; that the packaging is intact, undamaged, and not wet or otherwise altered; and to verify the integrity of the contents. In case of discrepancies, the Customer can refuse to accept the package, and sign for refusal.
11.7. The shipment must be returned in the original packaging in which the object was delivered, and can be sent using the shipping agent chosen by the Company or by a shipper of the Customer’s choosing; in both cases the shipping costs and any duties required to return the item to the warehouse in Italy, or to the address for the selected Sales Partner, shall be charged to the Customer.
11.8. Upon withdrawing from the contract, once the item has been returned to the warehouse or to the Sales Partner and the package has been verified as intact and identical to the conditions prior to shipment, the originally paid sum will be reimbursed to the Customer within 5 working days, net of shipping costs.
11.9. This refund will be made using the same method of payment used for the initial transaction, unless the Customer has expressly agreed otherwise. No refund fees will be charged. The reimbursement may be suspended until the goods have been received or until the Customer provides proof that the goods have been sent back.
11.10. The right of withdrawal referred to in Article 9.1 above may not be exercised by the Customer in the event that the Products purchased have been made according to the Customer’s individual requests, or if they are personalized or may deteriorate or expire rapidly.
Art. 12 – Payment
12.1. Payment is due when the order is placed.
12.2. The Customer agrees to pay the established price for the Product ordered on the Website (the cost of the Products plus shipping) and, if necessary, to pay or to arrange payment directly to the courier or carrier for VAT or other import taxes associated with the Products in the countries in which delivery will take place.
12.3. The Customer can pay for the order:
– by credit card on the Website. Upon placing the order, Customer guarantees to the Company that he or she possesses all the required authorizations for paying by credit card.
– or by bank transfer to the Company. Should the Company not receive the bank transfer within 14 days of confirmation of the order, the Company reserves the right to cancel the order. Bank details are provided when ordering.
– or by Paypal. Upon placing the order, Customer guarantees to the Company that he or she possesses all the required authorizations for paying with Paypal.
Art. 13 – Non-payment – Reserve of ownership
13.1. All Products ordered remain the property of the Company until the final payment has been received in full. The Company reserves the right to claim the ordered Products in case of non-payment.
13.2. In this case and upon request of the Company, the Customer agrees to return any unpaid Products at his or her own expense.
Art. 14 – Failure to Renounce
The fact that the Company might not enforce the Customer’s failure to comply with obligations must not be interpreted as a waiver of the obligation in question nor does it waive the possibility of enforcing this noncompliance at a later date.
Art. 15 – Integration Clause
15.1. These general terms of sale constitute the entirety of the obligations of the parties.
15.2. No other general or particular condition communicated by the Customer may be added or excluded from these general conditions.
Art. 16 – Nullity
Should one or more provisions of these general conditions be deemed invalid or declared as such through the application of a law, regulation or following a final decision on the part of the competent jurisdiction, the strength and value of all the other provisions shall remain unaltered.
Art. 17 – Amendments and Updates
These General Sales Terms and Conditions may be changed from time to time due to new laws and regulations or for other reasons. The new General Sales Terms and Conditions will be effective starting from the date of publication on the site www.pezzidinapoli.it and shall thereby apply to orders placed after that date.
Art. 18 – Applicable Law and Competent Court
18.1. These General Sales Terms and Conditions are governed by Italian law and in particular by Italian Legislative Decree n. 206 of 6 September 2005 regarding distance contracts (Consumer Code) – and in particular “Chapter I, Title III of Part III – and by Legislative Decree No. 70 of 9 April 2003 concerning issues related to e-commerce.
18.2. In the event of litigation, and should no amicable agreement be reached between the parties, without prejudice to the potential applicability of mandatory consumer protection law provisions, any dispute concerning these General Terms shall be referred to the exclusive jurisdiction of the Court of Naples.
