CONDITIONS OF SALE (GTCS)
Terms of Sale (Terms) – PONTE VECCHIO SHOP, operated by PONTE VECCHIO S.R.L.
(Last updated: May 2017)
The exclusive purpose of these trading conditions is their application to transactions carried out in the PONTE VECCHIO SHOP, run by Ponte Vecchio S.r.l . These GTCS are valid for all transactions made through this website.
These commercial terms must not be structured in a way which changes the inalienable legal rights of the customers.
The Ponte Vecchio S.r.l., Via Degli Artigiani 13, 27010 Carpignano (PV) – Italy is authorized to modify these commercial terms from time to time without prior notice. Changes are not valid for transactions made prior to the publication of the new version of the trading conditions on this website, so it is advisable for all users of this site to print and / or otherwise permanently save a copy of these trading terms under Of future reference when executing a transaction.
“Personal Data” means any personal data users enter on this website;
“Product” is any product PONTE VECCHIO that is provided by this PONTE VECCHIO operated by PONTE VECCHIO S.R.L .;
“Terms” refers to the terms of sale;
“Ponte Vecchio / we” refers to Ponte Vecchio s.r.l., its employees, subcontractors and / or other companies that are assigned by Ponte Vecchio to provide services in relation to the PONTE VECCHIO Shop;
“Website” refers to the PONTE VECCHIO Shop managed by Ponte Vecchio S.r.l .;
“User” refers to the user of this website; “Users” refers to users of this website; “GTCS” General Terms & Condition Sales
Conclusion of the contract, Property Reserve and Delivery Terms
2. Conclusion of the contract
2.1. These GTCS apply to all transactions made through this website. We will be glad to receive user’s order in accordance with these GTCS.
This contract is signed with Ponte Vecchio S.r.l. (Via Degli Artigiani 13, 27010 Carpignano Care (PV) – Italy).
2.2. The products offered on the website represent for the customer only an invitation to bid (invitatio ad offerendum).
By ordering a product, the customer submits a binding offer to enter into a purchase contract/ to end a purchase contract. It is up to us to accept or reject an offer received through the website. We will meet the demand – and therefore we have accepted the offer – only once we have sent the product.
2.3. Delivery of physical products is subject to payment of the shipping costs as expressed in the webshop.
2.4. All deliveries are subject to verification of the accuracy of the payment data users have indicated in users’ order.
2.5. If users declare bankruptcy or close an out-of-court comparison with creditors, or in the case users are subject to similar proceedings due to debts, or if we have other reasons to believe that users are unable to pay off their debts we will be authorised to step back from their orders and refuse them.
2.6. The delivered goods remain our property until the full purchase price is paid. Until that moment users will not be authorized to resell.
2.7 The estimates shown on the website which concern delivery intervals and delivery terms are not binding.
We strive to meet these delivery times and terms, but we will not assume responsibility for delivery delays below 3 weeks.
In case the product can not be delivered within the specified times in a non-binding manner, we will refund the purchase price upon request.
2.8. Although we strive to ensure the availability of the products displayed on the website, we can not guarantee the availability of every product at the time of user’s order. If we are not able to process or meet user’s demand, we may provide equivalent quality and price (merchandise or service) performance or refuse performance without further liability from us. If this is the case, we will immediately inform the user about this and will refund all payments for the product already made.
3.1. The consumer protection law on distance sales recognizes the consumer’s right to withdraw from a contract for goods or services within 14 calendar days from the day on which the goods were delivered (repentance period).
If the user chooses to exercise this right, he/she will receive a refund of the price paid for the products according to our refund procedures (shown in the following Article 8). Please read carefully the following provisions as they affect users right to terminate the contract.
3.2. The 14-day withdrawal period will commence on the day the product is delivered to the indicated address of user’s order.
3.3. In order to exercise the right of withdrawal in the Repentance agreed period, the user may submit any Declaration (the “Declaration”) explicitly expressing his/her intention to withdraw from the contract indicating the information necessary to identify his/her order (eg name / surname, number and Date of forward order, etc.).
The user can send the Declaration by email to firstname.lastname@example.org or by registered letter with acknowledgment of receipt at Ponte Vecchio S.r.l. Via Degli Artigiani 13, 27010 Carpignano (PV) – Italy.
For the purpose of the burden of proof regarding the exercise of the right of withdrawal in the Repossession Period, it is in user’s interest to have a lasting support when communicating to Ponte Vecchio S.r.l. user’s recess.
3.4. What happens in case of withdrawal?
If the user already reported us that has withdrawn from the contract during the Repentance Period, he/she must immediately return the goods together with any bill or receipt at his/her expense and risk. The goods must be returned to us at the return address sealed in
original packaging and in the same condition in which he/she received them. We will provide the user the address after his/her notice of withdrawal pursuant to paragraph 3.3 above.
Users have a legal obligation to take reasonable care of the goods as long as they are in their possession. If users are non-compliant with this obligation, we may have the right to take action against them for damages. We recommend that they keep a copy of any billing, receipt and shipping proof for their documentation.
4. Personal data
6. Price and Payment
6.1. The price of the products will be the one indicated on the PONTE VECCHIO SHOP, except in the case of a manifest error. All prices include VAT and delivery costs for the Euro zone (European Union countries), while expenses for all non-EU countries are excluded and will be added to the full amount due in the pages related to the confirmation of purchase. Prices may change at any time, but changes will not affect orders we have already sent users a Shipping Notice about.
6.2. Normally we check prices during our shipping procedures so that, if the correct price of a product is lower than indicated, we will charge users the lowest amount when we ship the product. If the correct price of a product is higher than that indicated in the PONTE VECCHIO SHOP, normally, at our discretion, either we will contact users for instructions before sending the product or we will reject users order and we will notify them.
6.3. We do not have the obligation to provide users with the incorrect (lower) price even after we have sent users Shipping Notice, if the price error is obvious and unmistakable and could reasonably be recognized by users as an incorrect price.
6.4. Payment for all products must be made by credit card, bank transfer or PayPal account. We accept payments with Visa or Mastercard. We do not have the obligation to deliver the products until we have received users ‘payment.
6.5. In the event of delayed payment, we reserve the right to charge an interest of 5% per annum higher than the interest rate applicable from time to time by the European Central Bank. Due to the procedure for the transactions, any compensation against credits that users may have against us in certain circumstances, can be processed only if users have contacted us before the delivery of an order. We accept compensation only against uncontested claims or credits that are based on the legally valid judgment of a competent court.
7. Authorizations, customs duties and exports
7.1. If an authorization or a government license or other authority is required for purchase, transportation or use, it is up to users to request such authorization or license at their expense and, upon request, to provide proof of it. Failure to request does not authorize users to withhold or delay the payment of the goods. All costs and expenses deriving from this non-request must be borne by users.
7.2. Products sold on the basis of these General Terms and Conditions may be subject to certain export control laws or directives in the area where users take them or use them, as well as in other territories. It is up to users to follow these laws and do nothing that could cause the infringement.
7.3. Goods imported into the European Economic Area (EEA) in addition to a certain value may be subject to customs duties (eg if the price of the goods exceeds users’ personal duty allowance on import). Upon arrival of the goods at the place users have defined,users may be required to pay customs duties, import taxes and taxes.
All of these additional costs for customs clearance and import charges or taxes must be borne by users as they do not fall within our control and we are not aware of it. More information on customs directives or charges will be provided to users by the customs office responsible for their territory.
8. Limitation of liability
In accordance with users ‘rights guaranteed by law, we assure that any product purchased from PONTE VECCHIO SHOP is of satisfactory quality and reasonably suitable for all the purposes for which products of the same type are normally supplied. We cannot ensure that the voltage of users choice or the outlet corresponding to the country of destination indicated by users meets the requirements for correct operation and as a result we assume no responsibility for the functionality after a product has been installed. We will only be responsible for losses that are foreseeable both by users and us as a result of our violation of these terms of sale and caused by our negligence. We will not be liable for any commercial or business loss (including but not limited to loss of goodwill, profits, contracts, early savings, data or emerging damage) or any other direct or indirect damage that is not reasonably foreseeable either from us that from users to the moment when the contract was formed or the moment users started using the PONTE VECCHIO SHOP.
9. Concluding remarks
9.1 This does not include or limit our liability for damages or personal injury caused by our negligence, for fraud or deception, or for any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
9.2. Ponte Vecchio S.r.l. commits itself to sell the products to the customer in accordance with the purchase order transmitted by them, provided that there is no lack of conformity if when the customer received the order confirmation, the customer was aware of such defect or could not ignore it using ordinary diligence or if the lack of conformity derives from instructions or materials provided by the Customer.
9.3. In case of defects of conformity found in the products purchased, the customer must immediately contact the customer service in the way indicated on the site, in order to report the lack of conformity found, providing the customer service documentary evidence (with this also meant reliefs photographs) of the conformity defect found.
9.4. Following the report sent to the customer service, Ponte Vecchio S.r.l. may authorize the return of products indicated by the Customer, which must be returned by the Customer to Ponte Vecchio S.r.l. by shipping to the following address:
PONTE VECCHIO S.R.L.
Via Degli Artigiani 13,
27010 Cura Carpignano (PV) – ITALY
Notwithstanding that the authorization to return the products does not constitute in itself recognition of conformity defects reported by the customer.
9.5. Once the returned products have been received, Ponte Vecchio S.r.l. proceeds to verify the conformity defects reported by the Customer and, in the event of their confirmation, informs the Customer of the existence of the conformity defects reported.
9.6. Upon verification of the lack of conformity, the customer has the right, at his/her choice and within the limits of the provisions of art. 130 of the Consumer Code, at the restoration, without expenses, of the conformity of the products through repair or replacement, or an appropriate reduction of the price or the termination of the contract.
9.7. Nonetheless, the Customer loses the rights referred to in this article if he does not report to Ponte Vecchio S.r.l. the lack of conformity within 2 (two) months from the date on which the defect was discovered.