TERMS AND CONDITIONS
The products on sale on the website www.palorosaproject.com (hereinafter the “Site”) are sold and invoiced by Palorosa S.r.l. with registered office in Via Paolo da Cannobio 9, 20122 Milan, enrolled in the Register of Companies of Milan under no. rea MI-2557740, tax code and VAT no. 10790950967 (hereinafter “Palorosa”).
For any information regarding orders, shipments and, more generally, purchases, you can contact the customer care of Palorosa at the following addresses:
email: firstname.lastname@example.org and email@example.com
1. Acceptance of the general conditions of sale and conclusion of the contract
- The contract stipulated between Palorosa and the customer (i.e. the subject, natural person, who makes the purchase on the site, not related to his commercial, entrepreneurial or professional activity) shall be considered concluded with the acceptance, even partial, of the order by Palorosa. In case of non-acceptance of the order, Palorosa will provide timely notice to the customer.
- By placing an order in the various ways provided, according to the order form on the site (hereinafter the “Order”), the customer declares to have read all the information provided to him during the purchase process and fully accept these general conditions (hereinafter the “Conditions”).
- It is understood that the Conditions apply to all transactions concluded between Palorosa and the customer without the need for an express reference to them or a specific agreement to that effect at the conclusion of each transaction. Any different condition or term shall be applied only if confirmed in writing by Palorosa.
- These Conditions may be printed or saved on a durable medium, in accordance with the provisions of art. 12 of Legislative Decree 70/2003 and art. 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
- Palorosa will refund the customer for the full amount paid, net of shipping costs incurred and any customs duties paid for the import, within 14 (fourteen) days from the date of cancellation, transferring the amount charged, with the same method of payment used by the customer for the initial transaction, unless otherwise agreed. In any event, the customer shall not incur any expenses incurred as a result of said refund. Palorosa may withhold the refund until the returned product is received.
2. How to purchase
- The products offered for sale by Palorosa are only those available on Palorosa’s website at the time the Order is placed, as described in the relevant information sheets.
- In any case, it is understood that the images accompanying the description of a product are for information purposes only and may not be fully representative of its characteristics but may differ, for example, in color and size (also due to the browser and monitor used to access the site and view the images).
- In order to place an order, the customer must fill in the Order form in all its parts and send it after having carefully examined the conditions and characteristics of the product and/or products he intends to purchase. The customer will also have to ask Palorosa, if it wishes, to issue a fiscal invoice for the purchase, pursuant to art. 22 D.P.R. N. 633/1972.2.4. The correct receipt of the Order is confirmed by Palorosa by means of an e-mail reply, sent to the e-mail address communicated by the customer. This confirmation message will summarize the purchase conditions, as provided for by the applicable law, as well as the data entered in the Order by the customer, so that the latter can verify them and eventually communicate the necessary corrections of wrong data without delay.
3. Prices and payment methods
- The prices indicated on the site are to be considered inclusive of taxes and VAT. Any shipping costs or payment costs are in any case communicated in advance to the customer through the site or these conditions.
- The following payment methods are available: a) Paypal: for the payment can be used by the customer the Paypal circuit according to the specific modalities of the same. b) Credit card: in case of purchase of goods with credit card payment method, the transaction can be made through the secure server Paypal or other secure server chosen by Palorosa.
- It is understood that in no case and in no phase of the payment Palorosa will be able to know the information related to the credit card of the Customer, transmitted through a protected connection directly to the site of the bank that manages the transaction. No computer file of Palorosa will keep such data and therefore in no case Palorosa will be held responsible for any fraudulent or illegal use of credit cards by third parties during the payment.
4. Delivery of products and related costs
- The purchased products will be delivered to the address indicated by the customer in the Order within 48 – 72 hours from the acceptance of the Order by Palorosa, at the cost specifically indicated in the site before sending the Order. Palorosa reserves the right to accept or not deliveries requested outside the Italian or European borders. In any case, for deliveries to be made outside the Italian borders, shipping costs and delivery times may vary.
- Regarding deliveries required in countries outside the European Union, any customs import charges will be borne by the recipient. We therefore invite the Customer to contact the customs authorities of his country in advance to verify the costs and any import limits.
- The delivery times indicated by Palorosa are to be considered purely indicative and any delay in respect to the same, or any delivery made in subsequent split shipments does not entitle the customer to refuse the delivery and the request for compensation or damages.
- At the time of delivery of the products, the Customer is required to check:
- that the number of packages delivered corresponds to that indicated in the transport document.
- that the packaging is intact, undamaged, or wet or otherwise altered, even in the closing materials (adhesive tape or metal strapping).
- Any damage to the packaging and / or the product or the mismatch in the number of packages or indications, must be immediately detected, putting a specific indication on the delivery note of the product to be returned to the carrier.
- Eventual inherent problems the physical integrity, the correspondence or the completeness of the received products must be signalled within 7 (seven) days from the happened delivery, second the modalities previewed in the present document.
5. Cancellation of the Order
- Palorosa reserves the right to cancel any Product Purchase Order, at its sole discretion, whether or not the customer’s credit card is charged, in the event that: (a) a material error regarding Palorosa’s price or products had occurred at the time of posting on the Site, or in the event that the product requested by customer through the Order is no longer available.
- If the Order is cancelled after payment has been duly made and received, even in accordance with the terms of Article 3 above, Palorosa shall take the necessary measures to re-credit the customer with the same amount of the amount already paid (or may contact the customer for information to this effect).
6. Right of withdrawal
- Pursuant to Art. 52 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the customer may withdraw from the Conditions and therefore from the purchase contract for any reason, without the need to give reasons and without penalty, within 14 (fourteen) working days from the date of receipt of the products.
- To exercise the right of withdrawal referred to in Article 6 above, the customer must send Palorosa a notice to that effect, within the time specified, at the address: firstname.lastname@example.org or email@example.com.
- In case of withdrawal, the customer must return at his own expense the products to Palorosa within 14 (fourteen) days from the withdrawal itself, according to the following procedures:
- for parcels coming from European Union countries the shipping address is the following: Palorosa c/o via Vigevano 3, 20144 Milan, Italy.
- for packages coming from non-European countries, therefore subject to customs, the shipping address is the following: Palorosa c/o via Vigevano 3, 20144 Milan, Italy.
- The goods must be returned intact, complete with all its parts and in original packaging (envelopes and packages), kept and possibly used for the time strictly necessary to establish and verify the nature, characteristics and size, according to normal diligence, without any signs of wear or dirt, in accordance with the conditions below:
- the right of withdrawal may apply to the product purchased in its entirety, it will not be possible to exercise the right of withdrawal only on a part of the product purchased (eg accessories, accessories, etc..);
- for the exercise of the right of withdrawal is possible and effective, the product must be undamaged and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: labels, tags, seals, etc.);
- the authenticity tag must remain attached and the security cord must be intact;
- shipping costs (and customs fees, if any) for the return of the goods will be borne exclusively by the customer;
- the shipment, until the certificate of receipt in the warehouse indicated by Palorosa, will be under the complete responsibility of the customer;
- in case of damage to the goods during transport, Palorosa will inform the customer, to enable him to file a timely complaint against the carrier of his choice and obtain a refund and the product will then be made available to the customer, simultaneously canceling the request for withdrawal;
- Palorosa will not be liable in any way for damage, theft, loss occurred during or in any case in dependence of the shipment for the return.
- Palorosa will refund the customer the full amount already paid, net of any additional shipping costs pursuant to art. 56, paragraph 2, of D. LGS. 21/14), within 14 (fourteen) days from the withdrawal, through the procedure of transfer of the amount charged, using the same means of payment used by the customer for the initial transaction, unless otherwise agreed. In any case, the customer will not incur any cost as a result of said refund. Palorosa may suspend the refund until receipt of the returned product or until the moment in which the customer demonstrates that he/she has correctly returned the product, whichever comes first.
- In any case, the customer will forfeit the right of withdrawal in cases where Palorosa ascertains that:
- the returned product and / or its accessories, and / or its packaging are not intact;
- the product is missing its outer packaging and/or original inner packaging;
- the product is missing elements integral to the same and / or accessories (eg closures, laces, buckles, etc..).
- In case of forfeiture of the customer’s right of withdrawal, Palorosa will return the purchased product to the sender, charging the same the relevant shipping costs and, where already refunded, the price of the product.
- All products sold by Palorosa are covered by the warranty of 24 (twenty-four) months for defects of conformity, pursuant to Title III of Legislative Decree no. 206/2005. To benefit from the assistance under warranty, the customer must keep the invoice, or the receipt of payment, together with the transport document.
- The warranty for lack of conformity will apply provided that the product has been used properly, in accordance with its intended use and as provided in the instructions for use and washing present in and/or with the product.
- In the event that, for any reason, Palorosa is not able to return to the customer a product under warranty (restored or replaced), or where the repair or replacement were, even by reason of the value of the product, excessively expensive, Palorosa may proceed to the appropriate reduction of the price paid, or the return of the entire amount paid with termination of the contract.
- In cases where the application of the guarantees provides for the return of the product, the same must be returned by the customer in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment).
8. Retention of Title
- The products sold by Palorosa and purchased by the customer, remain the full and exclusive property of Palorosa until the customer has paid the full price of the same and all amounts due to Palorosa. Until such time, the customer retains the products as a fiduciary owner of Palorosa and must keep the purchased products properly stored, protected and insured.
- In the event that, in the country where the customer is domiciled, the validity of the reservation of title in favor of Palorosa requires the completion of administrative or legal formalities, such as, without limitation, the registration of the products in public registers, or the affixing of special seals on the same, the customer hereby undertakes to cooperate with Palorosa and to take all the necessary steps to obtain a valid right for the latter with reference to the reservation of title.
9. Intellectual property of Palorosa
- The customer expressly acknowledges that the trademarks, trade names or other distinctive signs affixed to the goods are the exclusive property of Palorosa and may not be altered, modified, removed or deleted in any way. The customer has the limited right to use the trademarks, trade names or other distinctive signs, as well as any other industrial property right or productive and commercial know-how incorporated in the goods and which remains the exclusive property of Palorosa, for the sole and limited purpose of reselling the goods to the public. Any other use of Palorosa’s intellectual property by the customer, if not expressly granted and authorized by Palorosa in writing, shall be construed as an infringement by the customer of the above mentioned exclusive rights of Palorosa, also from the point of view of contractual liability and, as such, shall be properly prosecuted.
- The documents, drawings, data and information (both in paper form and on electronic support) that may be delivered to the Customer, remain the exclusive property of Palorosa and constitute support for a better representation of the Products and are indicative of the performance of the Product itself. The Customer undertakes not to reproduce them, not to disclose them to third parties and to take the necessary precautions towards its own personnel in order to guarantee their protection.
10. Limitation of Liability
- Except in cases of justified dispute raised in accordance with the provisions of Article 5 above, no further right or remedy shall be granted to the customer. In particular, Palorosa shall not be liable for any compensation claimed for breach or non-performance of contract, for any direct damage or loss of profit sustained by the customer as a result of the use, non-use, or installation of the products in other products, except in cases covered by warranty in accordance with Article 6 above or in cases of wilful misconduct or gross negligence on the part of Palorosa.
- Palorosa shall do everything in its power to deliver the products within the terms eventually agreed, but in no case can be called to answer for damages directly or indirectly caused by the delayed execution of a contract or by the delayed delivery of the Products.
- Palorosa’s catalogs, price lists or other promotional material are only an indication of the type of products and prices and the indications therein are not binding for Palorosa. Palorosa shall not be held liable for any errors or omissions contained in its price lists or in its promotional material.
11, Complaints and request of information
- Any eventual complaint or request for information can be addressed to Palorosa at the following addresses:
Address: via Paolo da Cannobio, 9 – 20122 Milan Italy
Telephone: +39 02 36513 814]
13. Applicable law and competent court
- The contract of sale referred to in these conditions and its execution is governed by Italian law, with the disapplication of the rules of conflict and the United Nations Convention for the International Sale of Goods. For the solution of the relative controversies it will be competent the court of the town of residence of the customer.
14, Final Provisions
- The invalidity in whole or in part of individual provisions of these conditions does not affect the validity of the remaining provisions.
- Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the customer specifically approves the following provisions: Art. 3 – Applicability of the Conditions to all contracts; Art. 2 – Purchase modalities; Art. 3 – Prices and payment modalities; Art. 4 – Delivery of products and related costs; Art. 5 – Cancellation of the Order; Art. 8 – Retention of title; Art. 9 – Intellectual Property of Palorosa; Art. 10 – Limitation of liability; Art. 13 – Applicable law and competent court.