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- Terms And Conditions
General terms and conditions of use for the online store pellein.com
(a) The seller is specialized in leather clothing and goods production, sold by the online shop PELLEIN.com. These general terms and conditions of use apply to all purchases of products and services carried out by the buyer and supplied by the seller, whether not differently specified.
(b) Within these general terms and conditions of use, a consumer is a person or a group who intends to enter into a transaction with the seller for personal needs, not related to entrepreneurial or business activities. Differently, in accordance with these general terms and conditions of use, a company is a legal entity formed by a group of individuals to engage in and operate a business—commercial or industrial—enterprise, who intends to enter into a transaction with the seller as part of its business activity or as a freelance professional.
(c) Any deviation, inconsistency, or addition to any of the following general terms and conditions of use will nullify the present contract, unless, differently agreed between the parties, namely the buyer and the seller.
(d) The buyer reserves the right to modify the present general terms and conditions of use by modifying this page at any time. The updated terms will replace and have priority on previous General Terms and Conditions of Use of the website's versions.
(e) By using the website (including access, surfing, or registration) imply unconditional agreement to general terms and conditions of use.
2. DRAFTING OF THE CONTRACT
(a) The seller offer may change any time, without notice obligation and unquestionable judgment of the seller himself. The seller guarantees every possible effort so that the colors, design, and style of Pellein products in the site pictures correspond to the original product. However, some variations may always occur, following technical limitations in the reproduction of colors on the computer screen. Thus, under no circumstances can Pellein be held responsible for any errors or inaccuracies regarding the photographs or graphic representations of the products, as shown on the site. If you have questions about the products, you can contact our customer service at the e-mail address email@example.com
(b) The order confirmation implies acceptance of all general terms and conditions of use, in their entirety. All orders can be placed online, on the PELLEIN.com website. The transaction constitutes a binding agreement for the fulfillment of a purchase contract. By clicking on the item "add to cart", during the online purchase process on the Pellein website, the buyer is entering into a binding purchase agreement regarding the products contained in his shopping cart. The order cannot be modified or canceled, except under the conditions set out in the general terms and conditions of use.
(c) The buyer will be informed by e-mail as soon as the order has been received. Please note: the receipt of this first e-mail does not imply that the agreement has been formalized. The agreement is formalized with the sending of the order confirmation, or with the preparation of the purchased products for delivery.
(d) The release of the purchased products for shipping by the seller also constitutes acceptance of the order. The seller reserves the right to refuse orders without being obliged to provide any reasons.
(e) The fulfillment of the order is accepted with the proviso that in the event of improper supply or non-delivery of the goods by the suppliers, the seller reserves the right not to deliver the products or to deliver only a part of the purchase.
This applies only to whether the seller has correctly concluded a supply operation and has not been supplied by its supplier, without being at fault. The seller undertakes to make every reasonable effort to procure the raw materials for the products sold. If they cannot be procured, Pellein will promptly refund the payment received. If the purchased products are not available or are only partially available, the buyer will be informed immediately.
(f) Once the contract has been signed - and if the products have been ordered electronically - the text of the contract, together with the general terms and legally binding conditions, will be sent to the customer by e-mail. The data recorded by the website establishes proof of all transactions operated by Pellein and its customers. In the event of a dispute between Pellein and one of its buyers regarding an operation carried out on the site, the data recorded by Pellein are considered incontrovertible proof of the content of the transaction.
3. RESERVE OF TITLE AND WITHDRAWAL
(a) As regards the final consumers (private): the ordered products remain the property of the seller until full payment of the same. As for businesses: the seller retains ownership of the products until full payment of all credits deriving from the ongoing business relationship.
(b) In case of breach of contract by the purchaser (due, in particular, to default in payment, falsification of information, commissioning procedures, asset insolvency, or bankruptcy proceedings), if the buyer has not provided or has provided only part of the payment for the ordered products, the seller reserves the right to withdraw from the contract and to request the return of the goods at any time.
(c) The company has the right to sell the products purchased in compliance with the exercise of its business. However, it immediately bears all costs to the seller. The final amount will be determined by the total amount of the invoice, including all costs arising from the resale of the items to end customers or third parties. The seller accepts the transfer. After the transfer, the company is authorized to collect the claim. The seller reserves the right to claim the debt himself if the company fails to meet its payment obligations on a regular basis, or if it delays payment.
(d) At the request of the buyer, the seller agrees to issue guarantees provided that the realizable value of the guarantees exceeds by more than 10% the value of the debt that must be guaranteed. In any case, the seller reserves the right to choose which guarantees will be issued. (
4. PRICES AND PAYMENTS
(a) Prices are subject to change. Price calculation is determined by the list price and possible discounts, in addition to value-added tax (VAT), as established by the seller.
(b) In compliance with long-distance contracts, additional costs will apply for shipping, as indicated in the summary of shipping costs (see: Shipping, of these general terms and conditions of use). The amount of the shipping is charged to the customer in addition to the price of the ordered products (including taxes). This applies to all cases unless otherwise indicated.
(c) The buyer is entitled to compensation only if his request has been legally recognized, recognized by the seller, or is indisputable. The buyer can exercise his right of retention if the dispute arises from the same contractual relationship.
(d) In the event of pricing errors, or erroneous product information, due to typographical or system errors, Pellein reserves the right to cancel orders sent with erroneous information without further obligation to the customer even after the arrival of an order confirmation or a shipping notice.
5. PAYMENT OPTIONS AND SHIPPING COSTS
(a) The buyer can make payments with all major credit cards, including Visa, Mastercard, American Express, and through the Paypal circuit. Prepayment, bank transfer, and cash on delivery are equally accepted. The seller reserves the right to exclude specific payment methods.
(b) Payments by credit card and PayPal are charged in Euros (EUR).
(c) Regarding the payment made via PayPal: buyers must register on the paypal.it website. By choosing PayPal as a payment method, the buyer accepts the terms and conditions of use of PayPal. Without other agreements, or unless otherwise specified in the product description, the purchased goods will be delivered only and exclusively when the total amount has been fully credited to the seller's PayPal account.
(d) Shipping costs are calculated as the total sum of the shipping costs incurred by the seller. Further details can be found on the product page or in the checkout form.
(a) Unless otherwise specified, all products are inclusive of VAT (where applicable) and do not include shipping costs. Please note that customs duties should also be taken into consideration, as they can cause variations in shipping costs. Furthermore, in the event of return of purchased products, the seller reserves the right to charge the buyer a fee of EUR 20 for the new shipment. The fee will apply should the return not fully satisfy the requirements expressed in the Right of Withdrawal paragraph.
(b) In case of unavailability of a Pellein product following an order placed by the buyer, the seller will order the unavailable raw materials from its suppliers as quickly as possible, informing the buyer in a timely manner and indicating a possible delivery date.
(c) The seller reserves the right, if required by circumstances, to deliver the purchased products in multiple separate deliveries. In this case, the seller undertakes to protect the interests of the buyer, who will not incur additional costs.
7. TRANSFER OF RISK
(a) The customer must, under his responsibility, check the product (s) shipped at the time of delivery to verify the correspondence with the order. If any discrepancy is found, the customer must not accept the package and must describe the defects found (for example signs of tampering, product damage, missing products or parts, or products other than those ordered and/or indicated in the shipping document ) reporting them in writing directly on the document brought by the courier. Please note that the risk of accidental loss or accidental damage of the purchased item - even during the transaction phases - is transferred to the customer when the item is delivered.
(b) As regards the contractors: the risk of accidental loss or products' damage is transferred to the contractor at the time of transfer or in the case of transfer operations when the products are transferred to the courier, the freight forwarder, or third parties in charge of the execution of the shipment.
Refusal by the customer or contractor to accept delivery of the products will nevertheless be regarded as a transfer of risk.
(c) After the order forwarding procedure, including the product summary page and the payment page, you will receive a confirmation e-mail. The price of the products indicated in the confirmation email does not include the "customs duties" (if due) applied to imports/exports into your country. Placing an order implies the unconditional acceptance of the terms, which state that all additional costs are charged to the customer.
8. RIGHT OF WITHDRAWAL OF THE CONSUMER
(a) Cancellation terms
(i) If the seller cannot meet the preliminary delivery date, he will inform the buyer in good time. In case of problems with normal business procedures, for which the seller is not responsible, the delivery time will be extended depending on delays due to service interruptions. For example, interruptions by suppliers or subcontractors. The buyer has the right to withdraw from the contract, without indicating the reasons, by returning the purchased products and presenting the return form to the seller within 14 days from receipt of the products, if the conditions of the right of withdrawal are met. In any case, exceptions apply to products made according to customer requirements or that have been adapted to the specific needs of the buyer, such as customizations.
(ii) The withdrawal period begins upon receipt by the seller of the buyer's written instructions to cancel his order. In case of an order delivered with several separate shippings, the period begins with the delivery of the first part of the order. It will not start before the seller has found his responsibilities and other legal obligations. For the return to be made without further delays, it is necessary to send the request and the products within the set times.
The return must be sent to:
Confezione Principe di Grimaldi Santina c/o Pellein
Via della fortuna,13
Phone: 00 39 0825534431
(b) CONSEQUENCES OF WITHDRAWAL:
(i) To correctly complete the procedures provided for by the right of withdrawal, both parties must return the purchased products and the sums of money involved in the transaction to each other. The same applies to any benefits gained from the exchange (for example, any interest). If the buyer is unable to return the purchased goods, or could only return a part of them, or should return them in damaged condition, he will be obliged to compensate the seller for the full value of the purchased products, even if he has used them contrary to the principle of good faith, or for personal gain.
No compensation will be asked if the products have been used for the purpose for which they were made, i.e. not using the goods as if they were owned and avoiding anything that decreases their value.
(ii) The buyer will assume the costs of the return (unless otherwise specified). The seller cannot accept the return of products if the package is postage-free or with insufficient postage.
The seller will initiate the return procedures within 2 - 4 working days from receipt of the products.
The seller must refund the buyer within 30 days from the request to exercise the right of withdrawal, or within 30 days from the moment the products have been returned. The seller reserves the right to determine at his discretion whether the products returned to Pellein are in their original condition. The seller is not responsible or liable for any losses, late deliveries, or to the wrong recipient, in the event that the buyer returns the purchase by courier or postal shipment. The buyer bears all the risks of the shipping method chosen for the return of the order.
(iii) The right of withdrawal does not apply to the following products:
products that have been created or modified at the express request of the buyer or customized products and products that are subject to rapid deterioration or subject to expiry are not eligible for the right of withdrawal.
(a) If a buyer is a natural person, who has placed a private order without intentions attributable to a commercial purpose or an entrepreneurial activity, then he is considered an end-user. For this reason, he can exercise the right of withdrawal as specified below.
By exercising the right of withdrawal, by paragraph 8 of these general terms and conditions of use, the buyer is obliged to return the purchased products in their original conditions and packaging.
(b) Returns are free only if expressly specified on the product page.
(a) Sold products may vary slightly from the ones showed on the online store. The buyer agrees to control each product's information carefully before placing the order (see paragraph 2/a of these terms and conditions of use).
(b)If the customer is a final consumer, he may request how the seller is to fulfill the warranty obligations, i.e. through the repair or replacement of the products. The seller has the right to refuse the method chosen by the buyer, only if this method involves unreasonable costs, and if the other method does not involve excessive disadvantages for the buyer.
In the case of purchases made by companies, the seller will choose whether to carry out interventions to remedy the shortcomings of the product or to replace it in compliance with the guarantee.
(c) If the fulfillment of the warranty obligations should fail, the buyer can request a reduction in payment or the termination of the contract (withdrawal). In the event of minor defects, the buyer will not be entitled to terminate the contract, considering the mutual interests. In all the procedures for claiming compensation from the counterparty, the buyer can choose compensation for damages or compensation for unnecessary expenses that he reasonably incurred upon acquisition of the goods. If the buyer chooses compensation for damages instead of the service, limitations of liability will be applied, according to Article 11, paragraph 1 of these general terms and conditions of use.
(d) In the event of product defects, the rights of the buyer provide for the purchaser to correctly complied with its obligations to examine the product and notify the defect. Companies, in particular, are obliged to report defects in the materials purchased within two weeks of their arrival; otherwise, the warranty will be considered invalid. Timely shipment of defective products, or immediate notification of defective products, will be accepted as a valid request as long as made before the deadline expires. The contracting companies are responsible for notifying everything necessary and taking notes of all defects in detail and the date of occurrence. They are also responsible for reporting the damage promptly.
(e) If the buyer is a company, the description of the product by the manufacturer will be considered the only criterion for determining whether the quality of the products meets the required standards. No other public declaration, testimony, or advertising of the manufacturer will be considered acceptable as a contractually binding description of the products.
(f) The warranty period for products purchased by end consumers is 100 years from delivery. This warranty does not apply if the buyer is intentionally or grossly negligent in taking care of the products purchased and taking into account normal wear and tear.
(g) The seller does not provide further guarantees to the buyer unless expressly agreed. This does not affect the manufacturer's warranty.
11. LIMITATION OF LIABILITY
(a) In the event of minor breaches of their obligations, the liability of the seller and the contractors is limited to the direct average damage, typical and foreseeable, depending on the type of product concerned. This also applies in the event of minor violations by the legal representative or sales agents. The seller is not responsible for minor non-essential contractual violations due to negligence. Conversely, it is responsible for the violation of the purchaser's essential contractual legal positions. The essential contractual legal positions of the buyer are those guaranteed by the signed contract, according to its content and ultimate purpose. The seller is also held responsible for the violation of the obligations whose fulfillment is necessary for the correct execution of the contract, and in whose observance the parties regularly agree.
Pellein processes your data according to (EU) 2016/679-General Data Protection Regulation (GDPR), EU-U. S. Privacy Shield Framework requirements and the current national law about data protection.
Personal data categories processed by Pellein
- Your contact information: name, address, phone number, email address
- Your IP address
- Purchase details, including payment method and transaction number
- Your order history
- Customers' service information: all type pf communications between you and our customers' service
- Under exceptional circumstances, we may ask you for further details on your ID to certify your identity.
- In a limited number of cases, we may ask you to send us your photo, videos, or other, whether you declare to be willing to participate in one of our raffles, campaigns, or other events.
- Pellein reserves the right to sent to all its customers an invitation to its satisfaction surveys. Participation is always elective.
- Pellein does not process or file bank card data or other financial instruments, except for the return form for the refund. After the refund, data containing essential information for the return will be deleted.
Lawfulness of processing
- Pellein processes personal data necessary to execute the contract.
- Pellein processes personal data necessary to conform to the financial, tax, and other nationality law requirements.
We process your data for the following purposes:
- To correctly deliver your order.
- To correctly perform your order return/size change.
- To clearly and accurately communicate to you the state of the order.
- For the warranty, within the warranty period of the products.
- For the customers' satisfaction and customer loyalty programs.
- For tax and accounting law requirements, to declare and count our sales.
- Under exceptional circumstances, Pellein may process further identification information, to avoid financial fraud or identity theft.
- Only with the customers' consent, exceptionally, Pellein may process data like photos, videos, or other media, for raffles, campaigns, or other events.
- To send our newslettr and promotional material only whit customers' consent.
Time for which your data will be stored:
Pellein stores your data, which you submitted when registering your account on our site, as long as your account remains active.
Pellein stores your personal data during the production and delivery of products, as well as the time specified in the Return Policy for any returns and the product warranty, but no more than 2 years or more than the warranty period.
If we require additional data to verify your identity, we will store this data until the legal obligation to retain such data is no longer in force.
In the case of data collection for campaigns, lottery, and other promotions, the processing period must be specified in each case and the participants must be informed.
Potential addresser of your data:
Pellein does not provide your data to third parties unless legally required to or except for the operational needs listed below:
Pellein provides your name, address, and phone number to the courier who delivers your package.
Under exceptional circumstances, Pellein may confirm your data to payment services suppliers to prevent financial fraud or identity theft.
Pellein transfers your data to accounting service suppliers, taxes, and other public authorities when expressively asked by law.
Your rights as a person involved- any time you have the right to:
- Access and have a copy of your data processed by Pellein.
- Ask for deleting your data (right to be forgotten) if you believe they are no more necessary for their original purpose. Please note we can not administrate this right whether there is a specific law establishing a specified time to keep data.
- Ask for modifying your data in case of inaccurate or incorrect (do not correspond to the truth).
- To employ one of the rights above you can send an e-mail with your request to firstname.lastname@example.org. We will reply in a short time.
- At any time when you fear your rights are being violated, you have the right to file a complaint with a supervisory authority.
Our recommendations on the protection of personal data:
- Keep your password secure and don't share it with third parties.
- If you are using a public computer (in a library or Internet café), always make sure you log out of your account before turning off the computer.
- Pellein warrants that we do not require our customers to reveal their password for using the website.
- Any such requests to share your password made by phone, chat, or email should be ignored.
If someone has addressed such a request to you, please contact and inform Pellein immediately.
How do we protect your Personal Data?
Pellein ensures that we have taken all administrative, technical, and physical measures to protect your data from accidental, illegal, or unauthorized destruction, loss, access, disclosure, or use.
Pellein has adopted its own internal ethical rules for the processing of personal data and our employees have undergone specific training on the principles of the right to the protection of personal data and the fundamental obligations of companies concerning the GDPR.
We secure our website and other systems with the use of technical and organizational measures against the loss, destruction, access, modification, or distribution of data by unauthorized persons. Despite regular checks, complete protection against all threats is not possible.
Who's responsible for the process of your data?
All legal entities of the Confezione Principe di Grimaldi Santina group operate as joint controllers according to the GDPR - (EU) 2016/679 - art. 26
Responsible for the processing of your data as our customer is: Confezione Principe di Grimaldi Santina.
13. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF USE
(a) The seller reserves the right to change these General Terms and Conditions of Use at any time, providing buyers with a minimum notice of 2 weeks, before the changes take effect. This notice will come into force with the publication of the modified general conditions on the PELLEIN.com website. The publication on the site indicates the time of entry into force of the new general terms and conditions of use.
(b) If the buyer does not express his lack of consent in writing within 2 weeks of the publication of the new general terms and conditions of use, they will be considered accepted by him/her. Note: The two weeks notice period will be strictly adhered to.
14. FINAL PROVISIONS
(a) Italian law applies, with the sole exception of the United Nations law for the international sale of goods and products. For buyers who do not enter into a contract for professional or commercial purposes, these laws apply only to the extent that they do not affect the protection guaranteed by the mandatory provisions of the law of the State in which they reside.
(b) If the customer is a trader or an enterprise, or a legal person under public law, or a public special fund, the place of jurisdiction for all disputes arising from this contract is the competent court at the seller's office unless otherwise agreed. The seller reserves the right to sue the contractor at the place of his business or residence.