TERMS AND CONDITIONS OF SALE
PANINI S.N.C. with registered office in via Cabassi, 42/E - 41123 Modena (MO) - Italy, registered with the Chamber of Commerce under No. 01980110363 (hereinafter referred to as PANINI S.N.C.), is the owner of the site www.tessutietendaggipanini.it and related and/or redirected sites.
1) Acceptance of General Terms and Conditions
- The contract stipulated between PANINI S.N.C. and the Customer must be considered concluded with the acceptance, even partial, of the order by PANINI S.N.C.. This acceptance is considered tacit, unless otherwise communicated in any way to the Customer. By placing an order in the various ways foreseen, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general conditions and payment conditions transcribed below.
- If the Customer is a consumer, once the online purchase procedure is completed, he/she shall print or save an electronic copy and in any case keep these general sales conditions, in accordance with the provisions of Articles 3 and 4 of Legislative Decree 185/1999 on distance sales.
- Any right of the Customer to damages or compensation as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property caused by the non-acceptance, even partial, of an order is excluded.
2) Purchase modalities
- The Customer can only purchase the products present in the electronic catalogue of PANINI S.N.C. at the time of placing the order and viewable online at the address (URL) www.tessutietendaggipanini.it, as described in the relevant product information sheets. It is understood that the picture accompanying the description of a product may not be perfectly representative of its features but may differ in colour, size, and accessories shown in the picture. All purchase support information is intended as mere generic information material, not referring to the real characteristics of a single product.
- The correct receipt of the order is confirmed by PANINI S.N.C. through an e-mail reply, sent to the e-mail address communicated by the Customer. The confirmation message will contain the date of execution of the order and an 'Order Number', to be used in any further communication with PANINI S.N.C.. The message will repeat all the data entered by the Customer, who undertakes to verify their correctness and to promptly communicate any corrections, according to the procedures described in this document.
- In case of non-acceptance of the order, PANINI S.N.C. guarantees timely communication to the Customer.
3) Availability of products
All orders of products on the Panini Tessuti site are subject to product availability. Therefore, in the event of supply or availability problems, or if there are no items in stock, Panini Tessuti reserves the right to provide information regarding possible re-stocking times or possible replacement products of equal or higher quality and value. If the customer does not want such replacement products, Panini Tessuti will refund any amounts already paid by the customer.
4) Delivery methods and costs
- PANINI S.N.C. può accettare ordini solo con consegna in territorio italiano. The order will be delivered to the address indicated at the time of ordering. If the item is in stock, the expected delivery date is determined by the combination of the 2 following elements
- a. shipping time (2 to 3 working days): verification of the reliability of the information provided when the account is settled + preparation of the order + handling of the package(s) by the carrier
- b. the delivery time of the package by the carrier.
- For each order placed, PANINI S.N.C. will issue an invoice for the material shipped, sending it together with the goods shipped. For the issuing of the invoice, the information provided by the Customer at the time of the order will be used. No change in the invoice will be possible after it has been issued.
- Delivery costs shall be borne by the Customer. Payment of the goods by the Customer will be made using the method chosen at the time of ordering. No responsibility can be ascribed to PANINI S.N.C. in case of delay in the execution of the order or in the delivery of what has been ordered.
- Upon delivery of the goods by the courier, the Customer shall check:
- that the number of packages delivered corresponds to the number indicated on the invoice or transport document;
- that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal strapping)
Any damage or mismatch in the number of packages or indications must be immediately reported to the delivering courier. Once the courier's document has been signed, the Customer may not raise any objection regarding the external characteristics of what has been delivered. Any problems regarding the physical integrity, correspondence or completeness of the products received must be reported to PANINI S.N.C. within 7 days from the delivery, according to the methods provided for in this document.
- In the event of failure to collect the material in stock at the carrier's warehouses within 5 working days due to repeated impossibility of delivery to the address indicated by the Customer when placing the order, the order shall be automatically cancelled.
5) Right of withdrawal
- Sales of products via the Internet are governed by the law D.Lgs n. 185 of 22/05/1999, which regulates the matter of distance contracts, i.e. made outside business premises. This legislation sanctions the right of withdrawal, i.e. the possibility for the consumer to return the purchased product and obtain reimbursement of the expense incurred.
- This right is reserved exclusively for natural persons (consumers), so it cannot be exercised by legal persons and natural persons acting for purposes related to their professional activity, if any.
- To exercise this right, the customer must send PANINI S.N.C. a communication to that effect, within 14 days from the date of receipt of the goods. Such communication will have to be sent by registered letter with return receipt, addressed to: PANINI S.N.C. - via Cabassi, 42/E - 41123 Modena (MO) - Italy. The cost of returning the product is at the total expense of the customer.
- The right of withdrawal lapses completely if the returned product is not intact, i.e.:
- lack of original packaging
- absence of product components (accessories, cables, instruction manuals, etc.)
- damage to the product due to causes other than transport.
- PANINI S.N.C. will proceed with the transmission of the re-credit order relating to the cost of the goods shipped within 30 working days following the shipment of the goods by the customer and in any case not before the receipt of the goods.
- PANINI S.N.C. will consequently reject any product returned unpacked, as well as products for which the Customer has not already paid the return shipping costs in full. The refund shall be made by bank transfer.
- Any item for sale online at www.tessutietendaggipanini.it and related sites comes from official Italian distributors, and is therefore covered by the original Italian manufacturer's warranty and by the 24-month warranty for conformity defects, pursuant to Italian Legislative Decree 24/02. This warranty is reserved for private consumers (natural persons purchasing goods for purposes not related to their professional activity, i.e. making a purchase without indicating a VAT number on the order form); for persons with a VAT number, the warranty is 12 months.
- Pursuant to Legislative Decree No. 185/99 - Art. 5 paragraph 3c, the consumer may not exercise the right of withdrawal for contracts for the supply of goods that are custom-made or clearly personalised or that, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
6) Guarantees
- The guarantee shall be applied for failures occurring despite the correct use of the product and in accordance with the provisions of any technical documentation attached to the product. To benefit from it, the Customer shall keep the invoice.
- Repairs during the warranty period are guaranteed through the Service Centres authorised by the individual manufacturers. Transport costs related to sending in the repaired product for repair and return shall be borne by the customer, unless otherwise specified in the warranty policies of the specific manufacturer.
- If, following intervention by an authorised Assistance Centre, the original problem should NOT turn out to be a non-conformity defect covered by the warranty, the Customer will be charged the costs of testing, verification and restoration, if any, provided by the authorised Assistance Centre.
- In the event that, for whatever reason, PANINI S.N.C. is unable to return to its Customer a product under warranty (repaired or replaced), PANINI S.N.C. may proceed at its own discretion to replace it with a product of equal or superior characteristics.
- No damages can be claimed from PANINI S.N.C. for any delays in repairs or replacements.
- In all cases, the good to be repaired or replaced must be returned by the Customer in its original packaging, complete in all its parts.
7) Privacy
We wish to inform you that the Legislative Decree no. 196 of 30 June 2003 ("Code regarding the protection of personal data") provides for the protection of persons and other subjects regarding the processing of personal data. According to the aforementioned legislation, such processing will be based on the principles of correctness, lawfulness and transparency and the protection of your privacy and your rights. Pursuant to Article 13 of Legislative Decree no. 196/2003, we therefore provide you with the following information:- The provision of data concerning you and/or your company that will be requested from you or communicated to us by you or third parties is obligatory and is necessary for the following purposes:
- performance of the commissioned service/performance;
- information on services and novelties offered by our company;
- making payments;
- keeping of company accounts;
- legal obligations in civil and tax matters;
- compilation of master data.
- Failure to provide data concerning you and/or your company will result in the impossibility of carrying out operations of the most direct interest;
- The data you provide are processed:
- in paper and electronic form; in a lawful manner;
- by duly appointed and authorised persons;
- with the use of security measures to guarantee the confidentiality of the data subject to whom the data refers in such a way as to prevent undue access by third parties or unauthorised persons in compliance with the minimum security measures indicated in Annex B to Legislative Decree 196/2003.
- The data you provide may be communicated to:
- Law Firms and Corporate Labour Consultants;
- Companies connected to Our Group;
- Credit Institutions;
- Public Authorities or Public Administrations for the fulfilment of legal obligations;
- Post Offices and letter and goods transport companies.
- The data you provide will not be disseminated.
- IThe data will be processed nationally and within the European Union.
- The data you provide will be kept at our head office for the time provided for by current civil and fiscal regulations.
- The updated list of data processors can be obtained by contacting the Data Processor.
- You have the right at any time to exercise your rights with regard to the Data Controller, pursuant to Art. 7 of Legislative Decree 196/03 ( reproduced in full on the following page ) and therefore to obtain confirmation of the existence or non-existence of your personal data and to know its content, verify its accuracy or request its integration, updating or rectification, request its deletion or oppose its processing for legitimate reasons;
- The Data Controller is PANINI S.N.C. - via Cabassi, 42/E - 41123 Modena (MO) - Italy.
- The Data Processor is Mr. Panini Maurizio.
- The request for one of our activities and/or signing of a contract with our company is valid as consent to the processing of the relative common data as specified by Legislative Decree 196/03 art. 24 paragraph 1 letter b.
8) Complaints
Any complaints should be addressed to: PANINI S.N.C. - via Cabassi, 42/E - 41123 Modena (MO) - Italy.
9)Governing law
The sales contract between the Customer and PANINI S.N.C. is concluded in Italy and regulated by Italian Law. For the solution of civil and criminal disputes arising from the conclusion of this distance sales contract, the territorial jurisdiction is exclusively that of the Court of Modena.