These conditions are valid exclusively between the Lignano Pineta S.p.A, with registered office in Viale a Mare, 7 — 33054 Lignano Sabbiadoro near Pineta (Ud), (Italian Economic and Administrative Index) REA UD-52607, VAT IT00167050301, hereinafter called “Lignano Pineta” and any person who makes purchases online on the website www.lignanopineta.com/shop-pineta-art hereinafter referred to as “Customer”. These conditions may be amended, and the date of publication on the website shall be the same as to the date of the entry into force thereof.
These conditions shall govern purchases made on the website www.lignanopineta.com/shop-pineta-art, under the provisions of Part III, Title III, Chapter I, of the Italian Consumer Code, Italian Legislative Decree. No. 206/2005, amended by Italian Legislative Decree No. No. 21/2014 and by Italian Legislative Decree. 70/2003 on e-commerce.
1 – SUBJECT MATTER OF THE CONTRACT
With these general conditions of sale, Lignano Pineta sells and the Customer buys remotely the movable tangible goods shown and offered for sale on the website www.lignanopineta.com/shop-pineta-art. The contract shall be concluded exclusively via internet through the Customer’s access to www.lignanopineta.com/shop-pineta-art and the execution of a purchase order in accordance with the procedure provided for by the website itself.
The Customer, before proceeding to the confirmation of their order, undertakes to read these general conditions of sale, and in particular the pre-contractual information provided by Lignano Pineta, and to accept them by affixing a flag in the indicated box.
In the order confirmation email, the Customer will also receive the link to download and archive a copy of these general conditions of sale, as provided for by Article 51 paragraph 1 of Italian Legislative Decree 206/2005, amended by Italian Legislative Decree 21/2014.
2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER – ART. 49 OF ITALIAN LEGISLATIVE DECREE 206/2005
Before the conclusion of the contract of purchase, the Customer shall review the features of the goods that are illustrated in the individual product sheets at the time of the choice by the same.
Before validating the order with “obligation to pay”, the Customer shall be deemed to have taken note of:
The Customer may at any time, but in any case before the conclusion of the contract, acquaint themselves with the information relating to Lignano Pineta, its geographical address, telephone number, e-mail and certified email address (PEC), and the information that is also set below:
3 – CONCLUSION AND VALIDITY OF CONTRACT
The contract of sale shall be deemed to have been concluded upon the sending by Lignano Pineta of an email confirming the order to the Customer The email shall contain the Customer’s data and the order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent and the link to print and store a copy of these conditions.
The Customer undertakes to verify the correctness of the personal data contained in the above email and to communicate promptly to Lignano Pineta any corrections/alterations to be made.
Lignano Pineta undertakes to describe and present the articles sold on the site to the best of their abilities. However, there may be some errors, inaccuracies or small differences between the product depicted on the site and the actual product. Moreover, the photographs of the products presented on www.lignanopineta.com/shop-pineta-art do not constitute terms of contract, as they shall be deemed to be merely representative.
Lignano Pineta undertakes to deliver the goods within 30 days from the sending by Lignano Pineta of the order confirmation email to the Customer.
AVAILABILITY OF PRODUCTS
The availability of the products refers to the actual availability at the time when the Customer places the order. However, this availability must be considered merely indicative since:
• the products may be sold to other Customers prior to the confirmation of the order, due to the simultaneous presence on the site of several users,
• there may be a computer fault that makes a product available for purchase when it is not actually available.
Even after sending the order confirmation email sent by Lignano Pineta, there may be cases of partial or total unavailability of the goods. In such case, the order will be automatically corrected with the deletion of the product or products not available, and the Customer will be immediately informed by email, which email shall also notify the Customer of the methods and timing of reimbursement of any sums paid.
5 – PAYMENT METHODS
Any payment by the Customer may be made only by credit cards indicated on the website www.lignanopineta.com/shop-pineta-art or by Paypal payment method.
Communications relating to payment and the data communicated by the Customer at the time it is made shall be made by use of specially protected lines. Credit Card payment security will be guaranteed to be through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
6 – PRICES
All sales prices of the products indicated on the website www.lignanopineta.com/shop-pineta-art shall be expressed in Euro and shall be inclusive of VAT.
Shipping costs shall not be included in the purchase price, but shall be indicated and calculated at the time of the conclusion of the purchase process before the payment is made.
The Customer hereby accepts the right of Lignano Pineta to change its prices at any time. However, the goods shall be invoiced on the basis of the prices indicated on the site at the time of the creation of the order and indicated in the confirmation email sent by Lignano Pineta to the Customer.
In the event of a computer, manual, technical or any other error that may result in a substantial change unforeseen by Lignano Pineta of the price of sale to the public, which makes it either exorbitant or clearly negligible, the purchase order shall be deemed to be invalid and cancelled and the amount paid by the Customer shall be refunded within 14 days from the day of cancellation.
7 – RIGHT OF WITHDRAWAL
Under applicable legal provisions, the Customer has the right to withdraw from the purchase without penalty and without specifying the reason, within 14 days from the date of receiving the products.
The Customer wishing to exercise the right of withdrawal must notify Lignano Pineta by explicit declaration, which must be sent by email to firstname.lastname@example.org indicating the order number and product codes of the returned goods.
The Customer may exercise the right of withdrawal also by sending an explicit declaration of any kind whatsoever containing the decision to withdraw from the contract or alternatively send the model withdrawal form referred to in Annex I, part B, Italian Legislative Decree 21/2014 (not mandatory) whose text is stated below:
Standard withdrawal form template pursuant to Article 49.1(h)
(Please fill in and return this form only if you wish to withdraw from the contract)
Lignano Pineta S.p.A Viale a Mare, 7 – 33054— Lignano Sabbiadoro near Pineta (Ud),
Tel: + 39 0431 422143
I/We hereby notify (*) my/our withdrawal from my/our (*) contract of sale of the following goods/services (*)
– Ordered on (*) /received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if this form is sent in paper form)
(*) Delete where not used.
In case of exercise of the right of withdrawal, the Customer shall be obliged to return the goods within 14 days from the day on which they communicated to Lignano Pineta their wish to withdraw from the contract under Article 57 of Italian Legislative Decree 206/2005.
The goods must be returned to: Lignano Pineta S.p.A, Viale a Mare, 7 – 33054 Lignano Sabbiadoro near Pineta (Ud).
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessories) and complete with the tax documentation attached. Without prejudice to the right to verify compliance with the above, Lignano Pineta shall refund the amount of the products subject to withdrawal within a maximum [cancellation] period of 14 days.
With regard to the return of the product which is the subject of the withdrawal, Lignano Pineta shall ensure that its Customers are able to use a carrier affiliated with the same. In the event that the Customer decides to use this service, Lignano Pineta shall pay the shipping costs (Article 56.1 Italian Legislative Decree 206/2005). If the Customer intends to use another carrier or other means of delivery, they shall bear all costs thereof (Article 56. 2 Italian Legislative Decree 206/2005).
As provided for by Article 56.3 of Italian Legislative Decree 206/2005, amended by Italian Legislative Decree 21/2014, Lignano Pineta may suspend the refund until receipt of the goods or until the Customer proves that they have sent back the property to Lignano Pineta.
Lignano Pineta shall make the refund using the same means of payment chosen by the Customer during purchase.
*It is hereby understood and agreed that in the event of defect of the product, shipping costs shall under all circumstances be paid by Lignano Pineta.
8 – LEGAL WARRANTY OF CONFORMITY
In case of receipt of products which are defective or which do not otherwise conform with the orders placed, the Customer shall have the right to have the product made good without charge either by the repair or replacement of the product. The Customer may exercise this right if the defect manifests itself within two years of delivery of the goods and reports the defect to Lignano Pineta within two months of the discovery thereof. In order to exercise the aforementioned right, the Customer must communicate it by email by sending the request to email@example.com indicating the order number, the product code and the defect details. Lignano Pineta, in case of defective or non-compliant product, will arrange, at its own expense, the collection of the product, subject to the availability of the Customer.
9 – DELIVERY METHOD
The products will be delivered by express courier to the address indicated by the Customer at the time of the order no later than 30 days from the date of receipt by the Customer of the order confirmation email sent by Lignano Pineta.
For every order placed on the website www.lignanopineta.com/shop-pineta-art, Lignano Pineta shall issue an invoice for the goods shipped. The invoice, following processing of the order, shall be available and printable in the Orders section of the Customer’s My Account area. The invoice shall contain the information provided by the Customer during the purchase process. After the invoice has been issued, it shall not be possible to make any changes to the details indicated in the invoice.
10 – LIABILITY
Lignano Pineta S.p.A accepts no liability for disruptions caused by force majeure or unforeseeable circumstances, even where these are caused by malfunctions and disruptions of the internet network, where the same lead to its being unable to execute the order within the [delivery] times specified in the contract.
11- ACCESS TO THE SITE
The Customer has the right to access the site to browse and make purchases. No other use, and in particular no commercial use, of the site or its content are permitted. The entirety of the components of this website, whether audio or visual, and any associated technology used shall remain the property of Lignano Pineta and are protected by intellectual property rights.
12 – COOKIES
The website www.lignanopineta.com/shop-pineta-art uses “cookies”. Cookies are electronic files which record information relating to the Customer’s navigation on the site (pages browsed, date and time of browsing and so on) and which enable Lignano Pineta to offer a personalized service to its Customers.
Lignano Pineta hereby notifies the Customer that they may disable the creation of such files by accessing their web browser configuration menu. It is hereby understood and agreed that this will prevent the Customer from proceeding with online purchases.
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13 – ENTIRE AGREEMENT CLAUSE
These General Terms and Conditions of Sale consist of all the clauses of which they are composed. If one or more of the provisions of these General Conditions of Sale is deemed invalid or declared invalid under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue in full force and effect.
14 – APPLICABLE LAW AND FORUM
These General Conditions of Sale shall be subject to Italian law.
Any dispute not settled amicably shall be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer, if located in the territory of the Italian State.
Nonetheless, it will be possible optionally to seek recourse to the mediation procedures as referred to in Italian Legislative Decree 28/2010 for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following website: https://webgate.ec.europa.eu/odr
General terms and conditions of sale AS updated on July 1, 2019