TERM AND CONDITIONS
1) Scope of application
1.1 These general conditions of contract (hereinafter “General Conditions”) of peninsola.com owned by Fondo Montebello S.P.A. (hereinafter “seller”), apply to all contracts entered into by a consumer or professional (hereinafter “customer”) with the seller, with reference to the goods and / or services on sale at the seller’s online store . These conditions exclude the application of the customer’s own provisions, unless otherwise agreed.
1.2 Pursuant to these General Terms and Conditions, “consumer” means any natural person who concludes a legal transaction for purposes that do not fall within the framework of his independent commercial or professional activity. By “professional” we mean any natural or legal person or partnership with legal personality who, in concluding a legal transaction, acts for purposes attributable to its independent commercial or professional activity.
2) Conclusion of the contract
2.1 The product descriptions in the seller’s online shop constitute binding offers by the seller.
2.2 The customer may accept the offer using the order form on the seller’s online shop. In the event that the order is placed via the online order form, after entering personal data, the customer, by clicking on the validation button at the end of the purchase procedure, provides the legally binding acceptance of the contractual offer in relation to the goods contained in your shopping cart. However, the offer can only be accepted if the customer, by checking the appropriate box under the text: “I expressly declare that I have read and accept the General Conditions of Sale”, confirms that he accepts the contractual conditions.
2.3 The seller sends the order confirmation to the customer by post or e-mail.
2.4 In case of acceptance of an offer via the seller’s online order form, the contractual text will be saved by the seller and sent to the customer after the relevant order has been sent, together with the text of the General Terms and Conditions (eg. by e-mail, by fax or letter). The contractual text will also be archived on the seller’s website and the customer will be able to access it free of charge through his password-protected account, by entering the relevant login data, provided that, before sending the order, the customer has created an account in the seller’s online shop. In any case, the seller will send the customer an order confirmation, indicating the possibility of downloading and printing the General Terms and Conditions through the “print” function.
2.5 Before the binding order submission via the seller’s online order form, the customer can correct their data at any time using the normal mouse and keyboard functions. Furthermore, before the binding transmission of the order, all data will be displayed in a confirmation window, where they can still be modified using the normal mouse and keyboard functions.
2.6 If the customer acts as a consumer, the only language available for signing the contract is Italian.
3) Right of withdrawal
3.1 Consumers have the right to exercise the right of withdrawal within 7 days of purchase.
4) Return policy (voluntary withdrawal)
4.1 For all purchases on peninsola.com, in addition to your right of withdrawal established by law, we allow you to return the ordered item up to 7 calendar days from the date of delivery. In this way, it is possible to withdraw from the contract even after the terms of the withdrawal period set by law at 7 days (see Conditions for withdrawal from the contract above), by returning the goods received, within 15 days of delivery (the voluntary withdrawal period is counted from the day following the day of receipt of the goods)
Timely sending is sufficient to comply with the terms. A prerequisite for exercising the right of return is the return of the goods intact and in their original condition. To ship the goods back, the costs and packaging will be borne by the consumer.
4.2 In case of exercise of the right of voluntary withdrawal, the refund is made to the account used to make the payment. In case of payment by credit card, bank transfer, PostePay or Paypal, the amount will be refunded to the credit card, current account, PostePay or Paypal account used respectively. In case of payment on delivery, the refund will be made by bank transfer to the account coordinates indicated by the customer, using the appropriate form.
4.3 The statutory right of withdrawal does not affect compliance with our contractual additional rules for voluntary withdrawal and remains completely independent of these. Until the expiry of the terms provided for the legal right of withdrawal, only the legal conditions set out therein apply. Furthermore, the (voluntary) right of withdrawal established by the contract does not limit the consumer’s legal warranty rights, which remain fully in force.
5) Prices and payment conditions
5.1 Unless otherwise indicated by the seller in the product description, the prices indicated by the seller are final prices and include all applicable taxes by law. Any additional shipping and delivery costs will be indicated separately in the respective product descriptions.
5.2 Shipments to countries outside the European Union may involve additional specific costs for the customer. These include, for example, the costs related to the transfer of money through credit institutions (eg: commissions on wire transfers, currency exchange) or taxes and charges for imports (eg: customs duties).
5.3 The customer has various payment options available, which are illustrated on the seller’s website. The customer will be required to indicate, during the order process, which payment method he intends to use.
5.4 Unless the customer decides to use the Cash on Delivery option, the balance must be paid upon signing the contract.
5.5 If the customer opts for payment with “PayPal”, the payment will be managed through the service provider PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the PayPal terms of use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This assumes, among other things, that the customer opens a PayPal account or already has one.
6) Delivery and shipping conditions
6.1 The goods are shipped via forwarder to the address indicated by the customer. The order is processed taking into account the shipping address indicated. Notwithstanding what is indicated, if payment with PayPal has been chosen, the delivery address indicated by the customer at the time of payment with PayPal is valid.
6.2 If the courier returns the goods to the seller following the impossibility of delivery to the customer, the costs of the unsuccessful shipment will be borne by the customer. This is not applicable if the customer exercises the right of withdrawal where the circumstance that made delivery impossible is not attributable to the customer himself or if the latter was temporarily unable to accept the service offered, unless the seller had announced it. the execution of this service in advance.
6.3 There is no collection by the customer.
7) LEGAL CONFORMITY GUARANTEE
7.1 The provisions of the law apply in cases of warranty for defects in the thing sold.
7.2 The limitation period for warranty claims is equal to:
– for new goods, two years from delivery of the goods to the customer.
– for used goods, one year from delivery of the goods to the customer.
7.3 The assertion of claims for damages presupposes that the buyer informs the seller about the damage within 15 days after the discovery of the damage.
8) Applicable law, competent court
8.1 If the customer acts as a consumer pursuant to paragraph 1.2, Italian law shall apply to all legal relations between the contracting parties, with the exclusion of the United Nations Convention on the international sale of goods; the only place of jurisdiction for all disputes arising from this contract is that of the customer’s place of residence.
8.2 If the customer acts as a professional pursuant to paragraph 1.2, Italian law applies to all legal relations between the contracting parties, with the exception of the United Nations convention on the international sale of goods; The only place of jurisdiction for all disputes arising from this contract is that of the seller’s place of residence or registered office.