PitturiAmo Shop Terms and Conditions
www.pitturiamo.shop is the Internet name used by the virtual store owned by PitturiAmo APS – Ass. Promozione Sociale.
- Corporate name: PitturiAmo APS – Ass. Promozione Sociale
- Registered office: Via Filippo Turati, 22 – 93100 Caltanissetta (CL)
- Telephone: 0934/597211
- E-mail: info@pitturiamo.com
- VAT number: 02092300850
- REA: CL-119175
Contracts concluded through the website www.pitturiamo.shop fall under the category of “Online sales contracts“. These are distance contracts stipulated between a supplier, PitturiAmo Shop with registered office in Caltanissetta (CL), Via Filippo Turati, 22, and a consumer, a natural person who purchases goods and services for purposes directly or not directly related to any professional activity carried out.
GENERAL TERMS AND CONDITIONS
1. Identification of PitturiAmo Shop
The services covered by these general terms and conditions are offered by PitturiAmo Shop, an online trademark of PitturiAmo APS – Associazione di Promozione Sociale, with registered office in Caltanissetta in via Filippo Turati 22, registered with the Chamber of Commerce of Caltanissetta n° REA CL – 119175, Tax Code 02092300850, hereinafter referred to as “PitturiAmo Shop”, certified e-mail address pitturiamo@pec.it
1.1 The expression “online contract” means the contract relating to the services of PitturiAmo Shop, stipulated between the latter and the Client as part of a distance sales system using telematic tools, organized by PitturiAmo Shop.
1.2 The expression “Customer” means the subject (natural or legal person, association or entity) who makes the purchase, who will be required to identify himself according to the procedure provided for by the www.pitturiamo.shop website.
1.3 The expression “PitturiAmo Shop” means the subject indicated in the epigraph or the provider of information services.
2. Object of the online contract
2.1 As a result of each online contract, respectively, PitturiAmo Shop sells and the Customer purchases remotely through telematic tools the services indicated and offered for sale on the www.pitturiamo.shop website.
2.2 The products referred to in the previous point are illustrated on the www.pitturiamo.shop web page and subject to the changes that PitturiAmo Shop unilaterally reserves the right to make at any time prior to the conclusion of each online contract.
2.3 Each order implies the Client’s express and unreserved acceptance of these general terms and conditions of sale, which from that moment constitute an integral and essential part of the online contract.
3. Methods of stipulating the online contract
3.1 The online contract between PitturiAmo Shop and the Client is concluded exclusively through the internet subject to access by the Client at the www.pitturiamo.shop address, where, following the procedures indicated, the Client will identify himself and will be able to formalise the proposal for the purchase of the services chosen by the Client by filling in the request form correctly.
4. Conclusion and effectiveness of the online contract
4.1 The online contract is concluded with the acceptance of the order generated online by the PitturiAmo Shop system, which will be visible to the Client through the display of a printable order summary web page, which contains the details of the ordering party and the order, the price of the services purchased, any shipping costs and any additional ancillary charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times.
4.2 When PitturiAmo Shop receives the order from the Client, it will also send a confirmation e-mail containing the data referred to in the previous point.
4.3 The online contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous points, and in any case PitturiAmo Shop will not execute it in the absence of prior payment, in accordance with the provisions of article 5 below.
5. Methods of payment by the Customer
5.1 The Customer must pay the agreed price in advance by credit card, via PayPal, by bank transfer, following the instructions indicated on the website for the purchase procedure.
5.2 The information necessary for payment will be forwarded, via encrypted protocols, to the payment institution entrusted by PitturiAmo Shop with the remote electronic payment services, without the possibility of access by third parties.
5.3 Payments must be made in advance, and only after payment will the services purchased be processed by PitturiAmo Shop
5.4 For payments by Bank Transfer, the processing of the order will begin only after the credit has been received.
5.5 The invoice will be made available to the Client in its reserved area in a dedicated section: it will be the Client’s responsibility to access this area, print the document and keep it according to the regulations in force.
5.6 PitturiAmo Shop reserves the right – at its sole discretion – to accept the proposal of cash on delivery, after direct contact with the Customer or only if already known.
5.7 All communications relating to payments take place on a special line of PitturiAmo Shop protected by an encryption system. PitturiAmo Shop does not manage credit card and PayPal payments that are entrusted to an external financial intermediary.
6. Delivery times and methods for print products
6.1 Once payment has been received in accordance with the procedures set out in article 5 above, PitturiAmo Shop will deliver the products ordered, in the manner chosen by the Client or indicated on the website at the time of the offer by PitturiAmo Shop, as confirmed in the email referred to in point 4.2.
6.2 Shipping times may vary from the day indicated in the order and from the confirmation of the same. In the event that PitturiAmo Shop is unable to ship within the indicated deadline, the Customer will be promptly notified by e-mail.
6.3 The methods, times and costs of shipping are clearly indicated and clearly highlighted at the address www.pitturiamo.shop
7. Pricing
7.1 All prices of the services displayed and indicated on the website are www.pitturiamo.shop expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.
7.2 The prices referred to in the previous point are exclusive of VAT and any other taxes, unless otherwise specified. Shipping costs and any ancillary charges (e.g. customs clearance), if any, although not included in the price, must be indicated and calculated in the purchase procedure before the order is placed by the Customer and also contained in the web page summarizing the order placed.
7.3 The prices indicated in correspondence with each of the services offered are valid until the date indicated on the website and may be changed at any time prior to the stipulation of each online contract at the sole discretion of PitturiAmo Shop.
8. Limitations of liability
8.1 PitturiAmo Shop shall not be liable to the Client and/or the client and/or beneficiary of the service, if different, for damages of any kind, whether direct or indirect, resulting from any errors, of any kind, in the printing of the file sent by the Client or deriving from the receipt of incorrect material. Likewise, PitturiAmo Shop will not be responsible for damages, direct or indirect, due to the failure and/or delay in delivery of the service and/or material, nor will it be responsible for any deterioration of the packaging; in such cases it will only be required to make a single reprint of the material on condition that the package is accepted by the Customer ‘subject to defects’ which must be listed on the receipt issued by the courier and communicated to PitturiAmo Shop by email to the ordini@pitturiamo.shop address, under penalty of forfeiture, within eight days of receipt of the package. Any errors in the printing or packaging of the material must be reported to the email ordini@pitturiamo.shop with digital photographic documentation attached, taking care to indicate the reference order number in the subject, within eight days of receipt of the material. For emails received no later than 4 p.m. on a working day, PitturiAmo Shop will reply within the next working day.
8.2 The Client assumes the paternity of all the contents provided to PitturiAmo Shop for the provision of services, including those subject to printing, exempting PitturiAmo Shop from the obligation to examine the same and therefore assuming any responsibility towards third parties who may complain of damage to the image, honour, decorum, moral integrity or in any case any pecuniary and non-pecuniary damage casually linked to the print subject to the contract. PitturiAmo Shop reserves the right to indemnify the Customer in the event that claims for compensation are formulated directly against him.
8.3 PitturiAmo Shop assumes no responsibility for inefficiencies attributable to force majeure, in the event that it is unable to execute the order within the time limits set out in the contract.
8.4 PitturiAmo Shop cannot be held liable to the Client, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the internet beyond its control or that of its sub-suppliers.
8.5 PitturiAmo Shop will also not be liable for damages, losses and costs suffered by the Client as a result of the non-performance of the contract for reasons not attributable to it.
8.6 PitturiAmo Shop assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment, at the time of payment for the products purchased, if it demonstrates that it has taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9. Warranties, Returns, Refunds and Assistance Arrangements
9.1 PitturiAmo Shop is liable for any lack of conformity that occurs within 60 days of delivery.
9.2 The Client forfeits all rights if he does not report the lack of conformity to the seller within 8 days from the date on which the defect was discovered. Reporting is not necessary if PitturiAmo Shop has acknowledged the existence of the defect or has concealed it.
9.3 In the event of a lack of conformity, the Client may request, alternatively and without charge, under the conditions indicated below, the repair or replacement by PitturiAmo Shop, a reduction in the purchase price or the termination of the relevant online contract, unless the request is objectively impossible to satisfy or is excessively expensive for PitturiAmo Shop pursuant to art. 130, paragraph 4, of the Consumer Code.
9.4 The request must be sent in writing, by registered mail with acknowledgement of receipt or by certified e-mail, to PitturiAmo Shop, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, if PitturiAmo Shop has accepted the Customer’s request, it must indicate the methods of shipping or return to PitturiAmo Shop as well as the deadline for the return or replacement of the defective product.
9.5 If repair and replacement are impossible or excessively expensive, or PitturiAmo Shop has not repaired or replaced the product within the term referred to in the previous point or, finally, the replacement or repair previously carried out has caused considerable inconvenience to the Client, the latter may request, at his choice, an appropriate reduction in the price or the termination of the contract. In this case, the Client must send his/her request to PitturiAmo Shop, which will indicate his/her willingness to process it, or the reasons that prevent him/her from doing so, within seven working days of receipt.
9.6 In the same communication, if PitturiAmo Shop has accepted the Client’s request, it must indicate the proposed price reduction or the methods of returning the defective product. In such cases, it will be the Customer’s responsibility to indicate the methods for crediting the sums previously paid to PitturiAmo Shop
10. Obligations of the Client
10.1 The Client undertakes to pay the price of the service purchased in the times and ways indicated by the site, it being understood that otherwise PitturiAmo Shop will not execute the order.
10.2 The Customer undertakes, once the online purchase procedure has been completed, to print and store these general terms and conditions of contract with the attached Privacy Policy and the order confirmation pursuant to art. 4.2.
10.3 The information contained in these general terms and conditions of contract has been examined and accepted by the Client, who acknowledges it, as this step is made mandatory before the purchase confirmation.
11. Causes of termination of each online contract
11.1 The obligations referred to in point 12.1, assumed by the Client, as well as the successful completion of the payment that the Client makes by the means referred to in art. 5.1, and also the exact fulfilment of the obligations assumed by PitturiAmo Shop in point 6, are of an essential nature, so that by express agreement, the non-fulfilment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the termination of the contract pursuant to Article 1456 of the Civil Code, without the need for a judicial ruling.
12. Methods of archiving the contract and compliance with the Privacy legislation
12.1 Pursuant to art. 12 of Legislative Decree no. 70/2003, PitturiAmo Shop informs the Customer that each order sent is stored in digital/paper form on the server of the PitturiAmo Shop itself, according to confidentiality and security criteria and in compliance with the attached Privacy Policy, which the Customer has also confirmed to have seen and which has been expressly accepted during the procedure for the purchase of services.
13. Communications and complaints
13.1 Written communications addressed to PitturiAmo Shop and any complaints will be considered valid only if sent to the following address: Via Filippo Turati, 22 – 93100 Caltanissetta, or sent by fax to the number 0934597211 or sent by e-mail to the following address ordini@pitturiamo.shop. The Customer must indicate in the registration form his/her residence or domicile, the telephone number or e-mail address to which he/she wishes to be sent the communications of PitturiAmo Shop
14. Dispute resolution
14.1 For all disputes relating to the interpretation and/or execution of each online contract, the parties acknowledge the exclusive jurisdiction of the Court of Caltanissetta, regardless of the place of conclusion of the contract and the domicile of the Client.
14.2 In the event that the Customer is to be understood as a consumer pursuant to and for the purposes of the Consumer Code, the competent court will be that of his place of residence, as required by law.
15. Applicable law and reference
15.1 Each online contract is governed by Italian law.
16. Final clause
16.1 Each online contract repeals and replaces any agreements, understandings, negotiations, written or oral, previously entered into between the parties regarding the same subject.