Terms and condition of website
By accessing and browsing the Site, you signify your acceptance of the predictions set forth below. If you do not intend to accept the contents of these provisions, please leave the Site immediately.
1) Purposes and functionalities of the Site
We use the Site to promote, make sales and provide information about Manifattura Paoloni S.p.A.'s products and collections. Within specific sections of our Site, additional functionalities are provided, such as the possibility for users to register to the Site by activating a personal account by entering their own data, in order to access restricted areas and content, to be included in specific mailing lists to receive newsletters related to Manifattura Paoloni S.p.A.'s products and initiatives, to participate in promotional initiatives, to create personalized lists of favorite products and to make online purchases of Manifattura Paoloni S.p.A. products, or for other purposes.
2) Products and services: disclaimer of warranties and limitation of liability
The information about products and services is for descriptive or promotional purposes only.
Although Manifattura Paoloni S.p.A. makes reasonable efforts to ensure that the information found on the Site is accurate and constantly updated, Manifattura Paoloni S.p.A. disclaims any warranty as to the correctness, completeness, accuracy or timeliness of the information on the Site, including for example descriptions of products, services, prices and/or availability indications that are on the Site. We have used our best efforts to ensure that the appearance, and particularly the colors, of our products on the Site are displayed as realistically as possible. However, the appearance and colors you will actually see depend on your computer settings, and Manifattura Paoloni S.p.A. cannot guarantee that your computer will display our colors correctly. The fact that certain products or services are included on the Site does not imply any warranty as to whether you will be able to use such services or purchase such products through the Site at any particular time and/or as to the availability of such products at such time. From time to time, we may change or remove, temporarily or permanently, some of the products and/or services, and related features and specifications, that are displayed or made available through the Site, as well as change the prices of such products or services, even without giving you any notice about the making of such changes.
3) Manifattura Paoloni S.p.A. Content.
All rights, title and interest in and to the Site and any part of its content, including for example the software, HTML code, other computer code contained in the back-end and front-end components of the Site, the front-end visual interface of the Site, portions of text, graphics, scripts, artwork, photographs, images, drawings, text, slogans, as well as all audio-visual and other materials that constitute in any way a part of the Site (collectively, the "Manifattura Paoloni S.p.A.") are the property of Manifattura Paoloni S.p.A. and/or, if applicable, of Manifattura Paoloni S.p.A.'s licensors. All Content of Manifattura Paoloni S.p.A. is protected by national laws protecting intellectual property, including, for example, copyright, patent, trademark and other laws and international treaties regarding intellectual property rights. Use of the above intellectual property is permitted for personal and informational purposes only. It is forbidden to copy, download, distribute, modify, create derivative works or extracts, publish or otherwise use or exploit said material without the prior written consent of Manifattura Paoloni S.p.A. or, as the case may be, of another owner of the relevant rights, or unless said activities are expressly permitted by notice or instructions on the Site itself. However, the reproduction of intellectual property on the Site for the purpose of sale, distribution for commercial purposes, inclusion or posting on other unauthorized sites is prohibited. Violation of the rules protecting intellectual property may expose the violator to civil and criminal liability.
4) Trademarks of Manifattura Paoloni S.p.A.
5) User content
Any content, file, document, feedback, comment, suggestion, idea, data, information, image, photograph and more generally materials of any kind submitted to the Site or Manifattura Paoloni S.p.A. with reference to this Site or the use thereof, including any part of it and all specific sections thereof (collectively, "User Content") shall be deemed non-confidential and non-proprietary. We reserve the right to use such User Content without restriction, such as storing, archiving, copying, reproducing, publishing, disclosing, distributing, displaying, modifying, translating, incorporating into other materials, and commercially exploiting it in any way. Manifattura Paoloni S.p.A. shall have the unrestricted right to use ideas, concepts, know-how or techniques, received from Manifattura Paoloni S.p.A. as User Content, for any purpose whatsoever, for example to develop, produce and market products based on such elements, without this giving rise to any right on the part of the user who posted, conceived and/or created such User Content to receive any compensation. In consideration of the foregoing, Manifattura Paoloni S.p.A. therefore invites you not to send us through the Site any content, element or information that may fall within the above categories and that you consider confidential or proprietary.
6) Third Party Content
The Site may include, use or display content created by third parties, information obtained from public sources and/or links to external sites or web pages operated by third parties ("Third Party Content"). Manifattura Paoloni S.p.A. does not exercise any control or monitoring over Third Party Content and therefore assumes no responsibility for the accuracy, security or reliability of Third Party Content and cannot guarantee, and does not warrant, that such Third Party Content is free of viruses or other features capable of damaging users' data and/or property. Any links or references to Third Party Content linked to the Site do not represent, and shall not be construed in any way as, an endorsement by Manifattura Paoloni S.p.A. of the Third Party Content that is the subject of the relevant link or reference. Access to any Third Party Content is made at your own risk and Manifattura Paoloni S.p.A. disclaims any liability to you with respect to any loss or damage you may incur (including, for example, any loss or damage to your computer equipment, hardware or software) arising out of or in connection with your access to, use of, or reliance on any Third Party Content or that is caused by or in connection with any purchase of products or services made available on the Third Party Content. If you access, in any form or manner and for any purpose, any such Third Party Content, Manifattura Paoloni S.p.A. encourages you to immediately review the terms and conditions governing your use of such Third Party Content.
You acknowledge and agree that your use of the Site is at your sole risk and that you assume full and exclusive responsibility for your use of the Site and Third Party Content. Manifattura Paoloni S.p.A. takes all necessary measures to reduce as much as reasonably possible the risk of the Site and Content containing viruses and defects. However, Manifattura Paoloni S.p.A. cannot guarantee that, when you access or use the Site and/or Content, your computer equipment, computer hardware or software, and data generated or stored by your computer equipment, computer hardware or software will not be damaged, lost or otherwise adversely affected. You are responsible for arranging for the technological, computer and telecommunications equipment necessary to access and use the Site and Manifattura Paoloni S.p.A.'s Content, as well as for acquiring the skills necessary to access and use the Site and Manifattura Paoloni S.p.A.'s Content, and for incurring the related costs and expenses. In addition, Manifattura Paoloni S.p.A. makes no warranty that the Site, including related Manifattura Paoloni S.p.A. Content, services and functionality, will be uninterrupted, that any defects found in the same will be corrected, or that your use of the Site will produce any specific results. The Site and Manifattura Paoloni S.p.A. Content are provided as they are and as available. In addition to the foregoing, Manifattura Paoloni S.p.A. disclaims all warranties, express or implied, including any warranty of accuracy, completeness, non-infringement of third party rights, merchantability or fitness for a particular purpose.
8) Your Use of the Site.
Terms and Conditions of Sale.
The terms and conditions of sale set forth below ("Terms and Conditions of Sale") apply to all sales and deliveries made for products of Manifattura Paoloni S.p.A. (the "Seller"). These Terms and Conditions of Sale must be carefully reviewed by the Buyer prior to the completion of the remote purchase process. By placing an order, the Buyer accepts these Terms and Conditions of Sale and agrees to abide by them in its dealings with the Vendor, which shall not be deemed bound by any terms and conditions other than these.
The expression "online sales contract" means the contract of purchase and sale relating to tangible movable goods from the Vendor to the Buyer within the framework of a distance selling system by means of telematic tools, organized by the Vendor. The expression "Buyer" means the consumer natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity. The expression "Supplier" means the person who performs the sale of the goods covered by this contract.
2) Identification and obligations of the parties
Supplier: The goods that are the subject of these general conditions are offered for sale through a system of telematic tools organized Manifattura Paoloni S.p. A. - Via Enrico Fermi, 17 - Appignano (MC) 62010, P.Iva: 00821720430, e-mail: firstname.lastname@example.org, Tel. +39 07334007 which manages the website www.paoloni.it Buyer: Expressly declares that he/she is making the purchase for purposes unrelated to his/her commercial or professional activity and undertakes not to trade in what has been purchased.
3) Subject matter and conclusion of the contract
By this contract, respectively, the Supplier sells and the Purchaser purchases at a distance through telematic means only the tangible movable goods indicated and offered for sale on this Site. The contract between the Supplier and the Buyer is concluded exclusively through the Internet network by means of the Buyer's access to the address of this Site, where, following the indicated procedures, the Buyer will arrive to formalize the proposal for the purchase of the goods offered for sale. The purchase contract is concluded by means of an irrevocable order by the Buyer with the completion and online submission of the order form, which will be displayed on the order summary web page, printable, in which the details of the ordering party and the order, the price of the goods purchased and the shipping costs, the terms and conditions of payment, and the address where the goods will be delivered are indicated. The moment the Supplier receives the order from the Buyer, he will send a confirmation e-mail and/or display a printable web page confirming and summarizing the order, in which the data entered by the Buyer in the order form are also shown. The contract shall be considered perfected and effective between the parties only with the execution of the order and the issuance of the relevant invoice or sales note, the Supplier having the option, until such time, to reject the order. Specifically, each order submitted constitutes an offer to purchase Supplier's products. Orders are subject to availability and acceptance by Supplier, which may, at any time and at its own discretion, refuse to accept Buyer's order, including, for example, cases where: - orders cannot be executed due to an error in the information provided by the Buyer, such as when it provides: insufficient or incorrect payment information; incorrect billing information; insufficient or incorrect delivery address information - in this regard, the Buyer is requested to note that the Supplier does not send products to PO boxes; or misleading information; - an error has occurred on the site relating to the products ordered, for example, an error relating to the price or description of the products as shown on the site; - the products ordered are no longer available on the site; - the amount of the order is too high, based on a concrete assessment that will be conducted on a case-by-case basis at the absolute discretion of the Supplier. In such cases, the Buyer will only be entitled to a full refund of the price paid and no further compensation. The invoice or sales note will be issued by Manifattura Paoloni Spa in digital form.
4) Method of payment and reimbursement
The Supplier exclusively accepts advance payment of the products ordered by means of the main Credit Cards (Mastercard, American Express, Maestro Visa circuits),and PayPal. Credit card information is handled directly by Shopify Payments or other banks, which specialize in handling online payments; PayPal information is handled directly by PayPal. The information is encrypted through the use of state-of-the-art encryption systems that prevent its use by third parties and is sent directly to the bank. The Provider reserves the right to make a request to the bank issuing the card for verification of genuineness on the ownership of the card or to PayPal in case of problems. Upon completion of this verification, if successful, the procedure will proceed to reach the conclusion of the contract and the delivery of the order placed, if there are no further obstacles. Any reimbursement to the Buyer, if he is entitled to it, will be credited by reversal of the payment by credit card or PayPal, no later than 30 days from the date on which the Supplier became aware of the cause generating the right to reimbursement.
5) Time and manner of delivery
The Supplier will deliver the ordered products by TNT- FED-EX courier or equivalent for deliveries on the Italian territory, and by FED-EX courier or equivalent for deliveries in the rest of the world. The timing of order fulfillment may vary, from the same day of the order to a maximum of 3 working days, within which the invoice or sales note will be issued and consequently accepted the order, with the beginning of the execution of the same. In the event that the Supplier is not able to make the shipment within this period will be given timely notice by e-mail to the Buyer, indicating the deadline within which the order will be processed. Delivery times may vary depending on the country of destination and other factors beyond Supplier's direct control and not attributable to Supplier.
6) Shipping and Delivery Costs.
Shipping costs will be indicated and calculated in the purchase procedure prior to the submission of the order by the Buyer and also contained in the summary web page of the order placed.
7) Insurance and Supplier Liability.
The Supplier insures the products against theft and accidental damage from the time of delivery to the courier until the time they reach their destination. The risk of loss or damage to the goods remains with the Supplier until the Buyer or a third party designated by the Buyer takes physical possession of the goods.
All sales prices of the products displayed and indicated within this Website are expressed in different currencies depending on the country of destination of the goods selected by the Buyer (the country of destination of the goods is automatically set by the system with the visitor's geolocation. The visitor can in any case change the country of shipment at any time) and constitute an offer to the public in accordance with Article 1336 of the Civil Code, are inclusive of VAT and any other taxes for what concerns delivery within the territories of an EC country. Regarding shipping costs, taxes and customs duties, please refer to 6) above. The prices listed against each of the goods offered to the public are valid until the time the order is placed and indicated on the order summary web page. Therefore, prices and conditions may be changed by the Supplier at any time, and for the Buyer, what appears on the order summary web page shall be deemed authentic.
9) Availability of Products.
The Supplier ensures through the computer system used the processing and fulfillment of orders without delay. Should an order exceed the existing quantity in the warehouse, the Supplier will, via e-mail, inform the Buyer whether the good is no longer bookable or what the waiting time is to obtain the chosen good, asking whether or not he intends to confirm the order. The Supplier's computer system confirms in the shortest possible time that the order has been registered by forwarding the user a confirmation by e-mail, which does not produce any legal obligation, since it is merely a summary of the order.
10) Limitations of Liability.
The Supplier assumes no liability for inefficiencies attributable to force majeure, in the event that it fails to execute the order within the time stipulated in the contract. The Supplier shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside its control or that of its sub-suppliers. The Supplier shall also not be liable in respect of damages, losses and costs suffered by the Buyer as a result of the non-performance of the contract for reasons beyond its control, the Buyer being entitled only to a full refund of the price paid. The Supplier assumes no liability for any fraudulent and illegal use that may be made by third parties, of credit cards, when paying for the products purchased, if it proves that it has taken all the ordinary precautions possible at the time and according to ordinary diligence.
11) Liability for defect, proof of damage and compensable damages: the supplier's obligations
The Supplier shall not be held liable for the consequences resulting from a defective product if the defect is due to the conformity of the product, a mandatory legal norm or a binding measure, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective. No compensation will be due if the injured party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage. The injured party may claim damages caused by death or personal injury or by the destruction or deterioration of a thing other than the defective product, provided it is of a type normally intended for private use or consumption and so primarily used by the injured party. Damage to property referred to in Article 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
12) Warranties and methods of assistance
The Supplier shall be liable for any ascertained defect or defect in the product and attributable to him provided that such defect or defect has been reported by registered mail A.R. to Manifattura Paoloni S.p.A., Via Enrico Fermi,17 - Appignano (MC) 62010, P.Iva:00821720430, Tel. +39 07334007, or transmitted by Fax to +39 0733400007 or sent by e-mail to email@example.com within eight days from delivery. The complaint is not necessary if the seller has acknowledged the existence of the defect or concealed it. With regard to conformity guarantees of purchased products, the legal guarantees provided by law are also applicable to the sale of products regulated by these general conditions. Therefore, in case of non-conformity of the delivered products, Articles 129, 130 and 131 of the Consumer Code under Article 7 Law No. 229 of 29/07/2003 and following will apply.
13) Buyer's obligations
The Buyer agrees to pay the price of the purchased goods in the time and manner specified in the Contract. The Buyer undertakes, once the online purchase procedure is completed, to arrange for the printing and storage of the web page containing the order data. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer, who acknowledges this, since at the time of finalizing the order a reference to this web page is shown.
14) Right of withdrawal
The Buyer has the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within the term of 21 (twenty-one) days, starting from the date of the order. In any case, the Buyer is guaranteed a period of 14 days from receipt of the product to make the withdrawal. In case the Buyer decides to make use of the right of withdrawal, he/she must notify the seller by email at firstname.lastname@example.org. Returns of custom-made or personalized items will not be accepted. The costs of return from the Italian territory to the Vendor are the responsibility of the customer, except as communicated from time to time. To this end, it should be noted that fine leather products delivered outside the EC territory may be returned only if accompanied by the "cites" certificate issued by the competent body. The Buyer who has to return such kind of goods is advised to consult the competent bodies before shipping. Goods not properly returned to customs will be refused and not refunded. The Supplier will refund the amount due to the Buyer (equal to the amount paid for the purchase of the product) as a result of the withdrawal within the period of 30 (thirty) days from the receipt of the returned goods, provided that within this period the goods have been returned in their original condition and unworn.
The Buyer shall ship the returned merchandise to the following address:
Manifattura Paoloni S.p.A. - Via E. Fermi, 17. 62010 Appignano (MC).
15) Method of filing the contract.
Pursuant to Article 12 of Legislative Decree 70/03, the Supplier informs the Buyer that every order placed is stored in digital form on the server where the Site resides according to criteria of confidentiality and security.
16) Communications of complaints
Written communications directed to the Supplier and any complaints will be considered valid only where they are sent to Manifattura Paoloni S.p.A., Via E. Fermi,17 - Appignano (MC) 62010, P.Iva:00821720430, Tel. +39 07334007, or transmitted by Fax to +39 0733400007 or sent by e-mail to email@example.com.
The Purchaser shall indicate in the registration form his residence and domicile, telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
17) Dispute Settlement and Applicable Law.
All disputes arising out of this contract should the Parties wish to take the matter to ordinary Judicial Authority, the competent Court shall be that of the Buyer's place of residence. This contract is governed by Italian law.
18) Duration and effectiveness of contractual conditions
The confirmation of the order implies for the Buyer the acceptance of these general conditions. These conditions may be updated or modified directly with the transcription of the new rule in this Site. The modification or update will be valid and effective for orders that have not yet been typed and for which the web page, summarizing the order data, has not yet been displayed and printed.