Terms and Conditions
The term “online sales contract” refers to the purchase agreements – related to Supplier’s movable tangible property – between Supplier and Buyer under a system of remote sales through telematic instruments set up by Supplier.
The term “Buyer” refers to the consumer , i.e. “natural person” who makes the purchase object of this contract for purposes that are outside his/her trade, business or professional activity (if any).
The term “Supplier” refers to the person that provides the goods specified in this contract.
The Buyer, by sending a purchase order confirmation via computer, unconditionally accepts and agrees to comply with the general terms and payment conditions set out below during his/her relationship with the supplier; the Buyer also declares to have read and accept all the information provided, pursuant to the provisions mentioned, and also acknowledges that the Supplier is not bound by any other condition unless previously agreed in writing.
Buyer’s express undertaking:
– These Terms and Conditions of Sale must be examined online by shoppers visiting the site, before they confirm their purchases. The submission of the order confirmation implies full knowledge and acceptance of the General Conditions of Sale.
– The Buyer agrees and undertakes, after having completed the online purchase procedure, to print and keep these Terms and Conditions of Sale, already read and accepted during the purchase process.
Processing of personal data: Personal data requested during the registration process is collected by La Perla di Torino srl, and processed electronically and / or by hand for the sole purpose of complying with the obligations arising from any agreement entered into with the Customer and shall not, under any circumstances or in any way be transferred to third parties.
2) OBJECT AND CONCLUSION OF THE CONTRACT
Under this contact, Supplier and Buyer respectively agree to sell and purchase – through remote telematic instruments – only the movable tangible goods available for sale on this website.
The contract between Supplier and Buyer shall be entered into exclusively over the Internet. To submit a purchase order for the goods available for sale , Buyer must access our website and follow the instructions contained therein.
The purchase contract shall be deemed executed when an order is placed by Buyer through our online order form. The order summary can be viewed on the relevant web page, and shall contain the following details : Buyer’s personal data, order details, price of purchased goods, delivery charges, payment method and terms and delivery address. Upon receipt of the Buyer’s order, the Supplier shall send a confirmation e-mail and/or direct Buyer to a printable web page containing the order summary along with the data quoted in the order form. The contract is deemed to be entered into and effective only upon execution of the order and the issue of the relative tax receipt or invoice. Until then, Supplier has the right to refuse the order. The tax receipt/ sales invoice is issued La Perla di Torino srl and sent by e-mail solely to Buyer. In case of deliveries outside the EEC, the sales invoice shall be included in the delivery folder along with the goods.
3) PAYMENTS AND REFUNDS
Supplier accepts payments for the ordered goods through major Credit Cards (Mastercard, Visa, American Express circuits) and PayPal.
PayPal data is managed directly by PayPal. Personal data is protected by means of next-generation encryption systems that prevent unauthorized use of such data by third parties, and is forwarded directly to the bank. Supplier reserves the right to request authorization from the credit cart issuing bank or PayPal to verify ownership and authenticity of the credit card in case problems are encountered. Under the right circumstances, refunds will be made to Buyer by transfer of credit card payment, within 30 days from the date on which Supplier became aware of the causes that gave Buyer the right to claim a refund.
4) TERMS AND METHODS OF DELIVERY
Supplier shall ship the ordered goods via BRT couriers or other courier companies, as may be deemed necessary. Orders are typically processed in 2 working days. In the event that Supplier is unable to deliver the goods within the agreed terms, prompt notice shall be given to Buyer by an e-mail stating the term within which the order shall be processed. Delivery times may vary depending on the country of destination and other reasons beyond Supplier’s control or not attributable to the same.
5) SHIPPING AND DELIVERY CHARGES
Goods are shipped DDP (Delivery Duty Paid) , and therefore, shall arrive directly at the place of delivery stated in the order; no additional charges are foreseen apart from those already paid at the moment the order was placed. In the case of goods shipped in a Country outside the EEC, before placing an order it is advisable to enquire about the restrictions on food products that are in force in the country of destination.
All prices of goods listed and available for sale on this website are an offer to the public pursuant to art. 1336 c.c., and are inclusive of VAT and other taxes. Shipping charges shall be indicated and calculated by Buyer through the purchase procedure prior to submitting the order and can be viewed on the order summary page. The prices of each product offered for sale are valid up to the date of order placement and are indicated in the order summary web page. It is understood that prices and terms are subject to change at any time at supplier’s sole discretion and the prices quoted on the order summary page shall apply.
7) PRODUCT AVAILABILITY
Supplier guarantees timely processing and execution of orders through a telematic system. In case the ordered quantity exceeds the available stock on hand, Supplier shall send Buyer an e-mail stating that the product is not in stock and specify the date when it will be available. Buyer shall also be asked to reconsider his/her order before proceeding. Buyer shall be promptly notified, through electronic means, of the successful completion of the order registration process via a confirmation email, which is not legally binding as it is a simple order summary.
8) LIMITATION OF LIABILITY
If an order cannot be executed within the terms under this contract due to force majeure events, Supplier shall not be held liable for any ensuing problem or loss suffered by Buyer. Supplier shall not be held liable towards Buyer, save for cases of wilful misconduct or gross negligence, web failure or malfunctions beyond Supplier’s or sub-suppliers’ control. Also, Supplier shall not be held liable for any damage, loss or extra charges suffered by Buyer in the event of failure to execute the contract due to causes not attributable to the same, given that Buyer is only entitled to claim refund of the full price paid for the product. Supplier shall not be held liable for any fraudulent or illegal use – by unauthorized third parties – of credit cards upon payment of the purchased products, provided Buyer is able to prove that all possible precautionary measures were taken according to the standards of ordinary diligence.
9) WARRANTY AND ASSISTANCE
Supplier shall be held liable for any ascertained defective or faulty products attributable to the same, provided that such defects have been notified to Supplier via registered mail with return receipt sent to the following address: La Perla di Torino srl, Via Catania 9, 10153 Torino, or by fax to No.: +39 011 859864, or notified by e-mail sent to the following web address [email protected] within 8 days from the date of delivery of the purchased goods.
10) BUYER’S OBLIGATIONS
Buyer agrees to pay the price of the purchased goods according to the terms and methods under this Contract. Once the online purchase procedure is completed, Buyer shall print out and store the web page that contains the order details. The information contained herein has been examined and accepted by Buyer who declares to have acknowledged it after being redirected to this web page upon placement of order.
11) CONTRACT FILING METHOD
Pursuant to art. 12 of Leg. Decree No. 70/03, Supplier agrees to inform Buyer that every order placed with Supplier is stored in digital format on the server that hosts this Website according to criteria of confidentiality and security.
12) COMMUNICATIONS AND COMPLAINTS
All written communications addressed to Supplier, including any complaints, shall be deemed valid only if sent to the following address: La Perla di Torino srl, Via Catania 9, 10153 Torino or sent by fax to No.+39 011 859864, or by e-mail to the following web address: i[email protected] Buyer shall state in the order registration form his/her place of residence and domicile, telephone number and e -mail address for receiving communications from Supplier.
13) JURISDICTION AND APPLICABLE LAW
Any disputes arising out of or in connection with this contract shall be settled by the competent court of Torino, in case the Parties agree to submit such disputes to an ordinary Court.
14) CONTRACT DURATION AND EFFECTIVENESS
The confirmation of the order implies acceptance by Buyer of these general sales conditions terms. Updates and changes to these terms and conditions are effective from the moment they are published on this website. Any change or update to these terms and conditions shall be deemed valid and effective for orders that are yet to be filled out and for which the relative summary page is not yet displayed or printed out.