1. General Conditions
The present general sales conditions (hereinafter “General Conditions”) are applied to all sales of products (hereinafter “Products” or “Product”) purchased through the website www.paglianibrasseur.com (hereinafter “Website”).
Use of the remote sales service described in the present General Conditions is exclusively reserved for consumers (hereinafter “Customers” or the “Customer”), intending physical individuals who act with purposes not connected to their own commercial, entrepreneurial or professional activities.
The language available to conclude the contract is Italian.
The Customer must carefully read the General Conditions available on the Website, so as to allow memorisation and reproduction by the Customer in agreement with art.12 of Legislative Decree dated 9th April 2003, n. 70.
The contracts concluded with Pagliani & Brasseur (as defined below) through the Website are regulated by Italian Law and, in particular, by Legislative Decree dated 6th September 2005, n. 206 (“Consumer Code”) and by Legislative Decree dated 9th April 2003, n.70 (hereinafter E-commerce Decree).
2. Identification of seller
PAGLIANI & BRASSEUR S.R.L.
Via Antonio Milani n.9 – 37124 Verona (VR)
VAT 04350740231
Tel. +39 045 942600
email: info@paglianibrasseur.com
(hereinafter “Pagliani & Brasseur”)
3. Product Information
The information relative to “Pagliani & Brasseur” Products, subject to distance selling through the Website, is available on the Website itself.
The above mentioned information is provided in compliance with articles 52 and 53 of the Consumer Code.
4. Price
The prices of products include all taxes and duties. All prices are in Euro.
5. Order of Products
The essential characteristics and prices of Products are listed in the offer relative to each Product.
To purchase the Products the Customer must complete and send to Pagliani & Brasseur the order form in electronic format by following the instructions on the Website. The Customer must place the Product in the specific “cart” and, after having read the General Conditions, with particular reference to delivery costs, the procedures to exercise the rights of withdrawal and the Privacy Policy, shall select the desired payment method and choose the option “place order”.
Prior to confirming the purchase order the Customer shall have the possibility of correcting any mistakes by following the modification procedure contained in the Website. In particular, the Customer has the possibility of modifying the quantity of Products he/she intends to purchase by adding or deleting one or more Products from the “cart”.
By placing the order, the Customer acknowledges and declares he/she has viewed all the instructions provided in the purchase procedure and entirely accepts the General Conditions.
The Customer will have the possibility to view and follow the state of his/her order through the “Orders” area in his/her account.
Pagliani & Brasseur reserves the right to evaluate the acceptance of orders received. Pagliani & Brasseur will communicate to the Customer the possible failure to accept orders received, within 30 days commencing on the day following that in which the Customer has transmitted the order to Pagliani & Brasseur, and will refund the amount already paid by the Customer for the supply.
6. Payment methods
The Customer can carry out payment of the price of Products and relative delivery expenses through bank transfer or cash on delivery.
No charge will be made the moment the order is sent, except for that inherent to the expenses necessary for the verification of the validity of credit card data which will however be immediately refunded.
Pagliani & Brasseur also accepts payments carried out through Bank Transfer. Any possible bank charges will be at the Customer’s expense.
In case, for any reason, should the charge of the amounts owed by the Customer be impossible, the sales process is automatically nullified and the sale automatically cancelled.
7. Confirmation of order receipt
In compliance with art.53 of the Consumer Code, the Customer receives, at the moment of contract execution, via e-mail, the confirmation of receipt of purchase order sent by the Customer, containing a summary of the General Conditions, of the essential characteristics of the ordered product, of its price, of the paid amount, of the existence of a right of withdrawal – with information regarding time and manner for the return of goods – of the geographic address to present possible complaints and the information on assistance services as well as existing commercial guarantees.
8. Ineffectiveness of order
No contract will be considered concluded between Pagliani & Brasseur and the Customer if Pagliani & Brasseur has good reasons to believe that the Customer is not operating based on an effective and genuine interest in purchasing the ordered products, or is abusing the rights of withdrawal recognized in the following Article 12.
In such cases, the order made by the Customer is intended to be null and void. Pagliani & Brasseur will send to the Customer, via e-mail, a communication certifying failure to conclude the Contract, also cancelling any charge and/or cost charged to the Customer.
9. Trasport and delivery
The Products purchased on the Website will be delivered at the address indicated by the Customer. The Customer has in any case the faculty to ask the delivery of products to a physical person of his/her own choice, whose residence or domicile is within Italian territory. At the moment of delivery the signature of an adult over 18 years of age will be necessary. Deliveries to post-office boxes will not be carried out.
For every order made on the Website, Pagliani & Brasseur issues an invoice / fiscal receipt of the dispatched goods, sending it via e-mail or inside the order itself, in compliance with D.P.R. 445/2000 and Legislative Decree 52/2004. The information provided by the Customer when ordering will be used to issue the invoice. No invoice variation will be possible after it has been issued.
Delivery costs are at the Customer’s expense and are clearly highlighted on the Website and on the order form.
We dispatch all orders via GLS (hereinafter “Courier”) with delivery on national territory within 24/48 hours. Real time tracking through the Tracking Number issued at the moment of shipping.
Deliveries from Mondays to Fridays, excluding non-working days and National Holidays. Pagliani & Brasseur is not responsible for unpredictable delays.
Pagliani & Brasseur will send the Customer a confirmatory e-mail once the Products have been shipped, in which the tracking number will be specified, and through which it will be possible to track, by entering it on the Courier’s website, the delivery status.
In any case, except for cases of force majeure or chance events, in conformity with the article in the Consumer Code, the Products will be delivered within a maximum of 30 (thirty) days commencing on the day subsequent to that in which the Customer sent the order to Pagliani & Brasseur, unless Pagliani & Brasseur communicates – within the same deadline, via e-mail – the impossibility to deliver the ordered goods following the sudden unavailability, even temporary, of the Products. In such case Pagliani & Brasseur will refund the amount already paid by the Customer as payment for the supply.
In case, in the face of Pagliani & Brasseur’s communication regarding a delay in the delivery date, the Customer wishes to cancel the Order, the possible amount already paid by the Customer will be refunded as quickly as possible, and in any case no later than 30 (thirty) days starting from the day subsequent to the date in which the Customer placed the order with Pagliani & Brasseur.
For the delivery of goods the presence of the Customer or an appointee is necessary at the address of the recipient specified in the order. At the moment of delivery of the goods by the Courier, the Customer must check that the number of packages being delivered corresponds to the number marked on the transportation document and that the parcel is intact and unaltered. Damaged parcels and/or Products or a mismatch in the number of parcels must be notified immediately with a written ‘subject to inspection’ on the Courier’s delivery document. Once the Courier’s delivery document has been signed, the Customer will no longer be able to raise any objections regarding the external characteristics of the delivered parcel.
10. Withdrawal Rights
Pagliani & Brasseur wishes to guarantee the Customer’s complete satisfaction.
Information regarding exercising the right of withdrawal
- Instructions on withdrawal – in compliance with article 49, paragraph 4, – Withdrawal Rights
You have the right to withdraw from the contract, without giving any reasons, within 14 days. The withdrawal period expires 14 days from the day in which you or a third party, different from the courier and by you appointed, acquires physical possession of the goods.
To exercise the rights of withdrawal, you must inform us of your decision to withdraw from the present contract with an unequivocal statement addressed to Pagliani & Brasseur
PAGLIANI & BRASSEUR S.R.L.
Via Antonio Milani n.9 – 37124 Verona (VR)
VAT 04350740231
Tel. +39 045 942600
email: info@paglianibrasseur.com
To respect the withdrawal deadline, it is sufficient that you send the communication regarding your exercise of your right to withdraw before the deadline of the withdrawal period.
Effects of withdrawal
Should you withdraw from the present contract, all payments made in our favour will be refunded, including delivery costs (except for supplementary costs deriving from your choice of a delivery method different from the less expensive standard delivery method offered by us), without undue delay and in any case no later than 14 days from the date in which we have been informed of your decision to withdraw from the present contract. Said refunds will be carried out using the same payment method used by you in the initial transaction, unless you have expressly arranged otherwise; in any case, you shall not have to sustain any cost as a consequence of such refund. The refund can remain pending until the goods have been received or until the consumer can prove the goods have been shipped, if prior. If payment was made with a credit card, Paypal or bank transfer it is possible to ask only for the refund of the value of the returned goods.
Please send or deliver the goods to:
PAGLIANI & BRASSEUR S.R.L.
Via Antonio Milani n.9 – 37124 Verona (VR)
VAT 04350740231
Tel. +39 045 942600
email: info@paglianibrasseur.com
without undue delays and in any case within 14 days from the day in which you have informed us that you withdraw from the present contract. The deadline is respected if you send the goods before the deadline of the 14 day period.
The direct costs of returning the goods will be at your expense. The cost is estimated to be a maximum of about 10,00 Euro.
You are responsible only of the decrease of value of the goods resulting from a manipulation of the goods different from that which is necessary to establish the nature, the characteristics and the functioning of the goods.
- Model withdrawal form
– in accordance with article 49, paragraph 1, lett. h) –
(complete and return this form only if you wish to withdraw from contract)
— Addressee [name, geographic address and, if available, telephone number, fax and e-mail addresses must be included by the professional]: SELLER?
— I/we (*) hereby notify the withdrawal from my/our (*) sales contract of the following goods/ services (*)
— Date ordered (*)/date received (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
(*) Delete where not applicable.
Pagliani & Brasseur will not be held responsible for the refund or compensation regarding sent back Products that have not been received by Pagliani & Brasseur due to loss, theft or damage not attributable to Pagliani & Brasseur.
Should the Customer wish to modify or cancel the order, he/she must promptly send an e-mail to info@paglianibrasseur.com. Once the Product has been sent the order can no longer be cancelled or modified until the moment the sent goods have been returned to Pagliani & Brasseur. In such case please refer to the above returns policy.
11. Replacement of Products
Pagliani & Brasseur intends to give Customers the possibility of substituting Products purchased through the Website.
To obtain Product substitution it is necessary to follow the following procedure.
The Customer that is not completely satisfied shall keep all the documentation regarding the delivery and the Product itself in its original packaging and immediately contact Pagliani & Brasseur via e-mail at the following address: info@paglianibrasseur.com.
The Product to be replaced must reach, in a normal state of conservation, the following address: PAGLIANI & BRASSEUR S.R.L. Via Antonio Milani n.9 – 37124 Verona (VR). The execution of the new order is subject to availability of requested Products.
Shipping charges regarding return of Product are at the Customer’s expense unless otherwise specified and unless previously agreed with a Pagliani & Brasseur operator, who can use his courier for the exchange. Shipping carried out by the Customer without authorization or with modalities different from those suggested by Pagliani & Brasseur, or though couriers different from those offered, will not be refunded and will remain at the Customer’s expense.
The replacement product will be sent to the Customer via courier without charging further shipping costs.
12. Lack of conformity
In case of conformity defects of the Products sold by Pagliani & Brasseur, the Customer must immediately contact Pagliani & Brasseur at the e-mail address info@paglianibrasseur.com or one of the telephone numbers on the contacts page.
Legal warranties provided for by Consumer Code articles 129, 130 and 132 are applied to sale of Products. The Customer has the right , without expenses, to have the goods repaired or substituted or to receive an adequate price reduction or termination of contract. The Customer no longer has such rights if he/she does not report to Pagliani & Brasseur the lack of conformity within the two month deadline from the date in which he/she has discovered the flaw. The direct action aimed at establishing the flaws not fraudulently concealed by Pagliani & Brasseur is statute barred, in any case, at the deadline of twenty-six months from delivery of goods.
13. Mistakes
Information regarding Products on the Website is constantly updated.
It is however not possible to guarantee the complete absence of mistakes.
Pagliani & Brasseur reserves the right to correct the mistakes, inaccuracies or omissions even after an order has been sent as well as changing or updating information at any point in time without prior notification.
14. Applicable law and place of jurisdiction
These General Conditions are regulated by Italian law and must be interpreted in conformity with Italian laws.
For litigations deriving from the interpretation, validity and/or execution of these General Conditions, binding territorial jurisdiction will be that of the judge at the place of residence or domicile of the consumer, if located in Italian territory.
15. Contacts
For further information please write to the following e-mail address: info@paglianibrasseur.com, or the following address:
PAGLIANI & BRASSEUR S.R.L.
Via Antonio Milani n.9 – 37124 Verona (VR) – Tel +39 045 942600
VAT 04350740231