Terms and Conditions of Sale

 

1. Object

These general conditions of sale apply to the purchase of products by users who qualify as ‘consumers’ (i.e. subjects who purchase one or more products for purposes not related to their business, commercial, craft or professional activities, pursuant to and for the purposes of the so-called “Consumer Code”) through the e-commerce site www.lapelagia.it owned and managed by Ms. Liucci Petronilla as owner of the individual company La Pelagia (PI 01701630624), with registered office in San Giorgio del Sannio (BN), Via Casale 8, e-mail info@lapelagia.it, Pec info@pec.lapelagia.it (from now on, for the sake of brevity, only La Pelagia or Sito), which deals with the sale of products as a ‘seller’.

Any communication of the consumer connected and/or related to the purchase of the products – including any reports, complaints, requests concerning the purchase and/or delivery of the same, to exercise the right of withdrawal, etc. – must be sent to the seller at the address and according to the procedures indicated on the website www.lapelagia.it and, in any case, to the email address info@lapelagia.it.

Each purchase is governed by these general conditions of sale in the version that will be published on the website at the time of transmission of the order by the consumer.

Where one or more sales are made to a non-qualifiable consumer in the sense referred to in the aforementioned legislation and specified by a professional – defined therein as any natural or legal person who makes an order for their business activity, commercial, handicraft or professional – will still apply these general conditions of sale but, by way of derogation from what is provided in the same:

(a) the non-consumer purchaser will not be granted the right of withdrawal referred to in Article 8, as well as, in case of disputes, the so-called consumer forum referred to in the following art. 11;

(b) the non-consumer purchaser cannot benefit from the guarantee on the products listed below;

(c) other non-consumer protection, here provided for in-favor of the consumer, that reflect or comply with mandatory provisions of law, will not be recognized to the non-consumer purchaser;

(d) the contract of sale concluded between the seller and the buyer will be governed by Italian law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods – 1980 Vienna Convention. Simultaneously with the transmission of the purchase order, the Consumer accepts the confirmation of the information related to the order, which will also contain the link to these general conditions of sale, are sent via e-mail to the address stated during the registration on the website or during the purchase process. In order to make purchases through the website www.lapelagia.it, the buyer must be of age according to the applicable rules.

The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the website. Any changes made will be effective from the date of publication on the website and will apply only to sales concluded from that moment.

 

2. Characteristics of the Products

The products sold by La Pelagia are the products in the electronic catalogue published on the website at the time the order is placed by the buyer and are sold with the characteristics described on the website and according to these general conditions of sale in the version published at time of sending the order, with the exclusion of any other terms or conditions.

La Pelagia points out that the images and descriptions of the products published on the website replicate as faithfully as possible the real characteristics of the products themselves. It is understood that such images and descriptions may not be perfectly representative of the products and must, therefore, be considered as indicative and with tolerances for use, especially in the case of craft products.

The products for sale on www.lapelagia.it the prices and/or characteristics of the same are subject to change without notice. Before sending the purchase order in accordance with the following point 3, the buyer is invited to check the final sale price.

It should also be noted that the prices indicated on the electronic catalogue published on lapelagia.it are to be understood inclusive of VAT.

 

3. How to purchase the Products – Improvement of each individual purchase contract

The presentation of the products on www.lapelagia.it, not binding for the seller, represents a mere invitation to the consumer to formulate a purchase contract proposal and not an offer to the public pursuant to art. 1336 cc, remaining, in the full discretion of the seller, any decision regarding the acceptance of any proposals made.

The purchase order sent by the buyer to the seller through the website has the value of a contract proposal and is governed by these general conditions of sale, which are an integral part of the order itself and that the buyer, by sending the order to the seller, is required to accept fully and without reservation. Before proceeding with the purchase of products, by sending the purchase order, the user will be asked to read carefully these general conditions of sale and the conditions relating to the right of withdrawal, inviting here the user/buyer to print a copy and store it for personal use.

The purchase order is accepted by the seller by sending it to the buyer, to the e-mail address given by the seller to the seller at the time of registration on the website or the transmission of the order (in case of non-registration), an e-mail confirming the order and with which La Pelagia, verified the actual payment of the goods, will send the summary of the order and the description of the characteristics of the product. The buyer expressly accepts that the execution of the contract by the seller will start when the price of the purchased product(s) is credited to the seller. Each purchase contract of the products is concluded when the buyer will receive the order confirmation from the seller by e-mail as specified above.

The order of the purchaser, the confirmation of the order of the seller and the general conditions of sale applicable to the relationship between the aforementioned parties will be electronically filed by the seller in their computer systems and the user may request a copy by sending an email to the seller at www.lapelagia.it.

 

4. Procedure for selecting and purchasing products

The purchase of products on the site can be done directly without prior registration.

Registration on the website is free and will entitle you for future orders to access the special conditions of reserved promotions, to check your order history and to manage your personal data.

To subscribe to the website, the user must complete and send the appropriate form by entering the required data (for example name, surname, address, e-mail and telephone number). The registration will then be confirmed by sending an e-mail. The registration credentials must be used by the user only and cannot be transferred to third parties, to guarantee its secrecy. The user guarantees that the personal information provided during the registration procedure on the website is complete and truthful and agrees to keep La Pelagia unharmed and free from any obligation to compensate and/or sanction and/or damage in which it may incur due to violation by the user of the rules governing the registration on the website and the purchase of the products on the same.

The products presented in the catalogue of the website can be purchased through selection in the appropriate virtual shopping cart. Once the selection of the selected products has been completed, to continue with the purchase of the products included in the cart, the buyer will be invited to: (a) register with the website, providing the requested data, or (b) to login, if they are already registered or (c) to simply provide their data in order to complete the order and to continue, therefore, with the completion of the contract. If the data indicated in the order is different from that provided during registration on the website, the buyer must confirm their data (indicating, for example, name, surname, etc.), as well as the delivery address of the selected products (and possibly the different name of the recipient, if different from the buyer), the billing address and a telephone number where you can be contacted for any communications relating to the purchase made. The buyer will then be able to view a summary of the order to be executed, of which he will be able to modify the contents and finally he will be asked to proceed with the purchase, which will thus be definitively sent to the seller. The purchaser will also be asked to choose the payment method among those available. If the purchaser decides for the immediate payment method by credit card or bank transfer, he will be required to communicate the relevant data via a secure connection. La Pelagia has no access and does not store the credit card details used to pay for the products.

 

5. Delivery of goods and acceptance

La Pelagia indicates the availability of products and delivery times; such information, however, is to be considered purely indicative and not binding for the seller.

From the moment in which the consumer receives the order confirmation e-mail (which, as stated above, is sent once La Pelagia has received payment), the delivery is usually completed in the following terms:

– 5 (five) working days, if the destination address is in Italy;

– 7 (seven) working days, in the case of foreign countries belonging to the European Union;

– 10 (ten) working days, in the case of non-EU countries.

The Pelagia undertakes to respect the delivery times indicated and that, however, will take place within 30 (thirty) working days.

The buyer can check the status of his shipment by tracing it online through the tracking number provided in the email confirming the purchase and therefore on the website of the carrier indicated.

In any case, La Pelagia will send the consumer communication by e-mail about the status of the order.

In case of non-execution of the order by the seller, due to possible unavailability, even temporary, of the purchased product, the seller will provide written communication to the buyer in the same manner and will refund any amounts already paid to the payment of the product.

If the package or wrapping of the ordered products were to arrive to destination clearly damaged, the buyer is invited to refuse delivery by the carrier / shipper or to accept delivery “with reserve”.

 

6. Prices, shipping costs, taxes and fees

The price of the products is the one indicated on the website at the time the order is placed. Prices include standard packing costs, VAT (if applicable) and any indirect taxes (if applicable).

Shipping costs will instead be indicated when placing the order. If the products are to be delivered in a country outside the European Union, the total price indicated in the order and reiterated in the order confirmation, is inclusive of indirect taxes and net of any customs duties and any other taxes on sales that the purchaser undertakes as of now to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, according to the provisions of the law of the country in which the products will be delivered. The user/purchaser is invited to obtain information from the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in the country of residence or destination of the products.

The buyer’s lack of knowledge of the costs, charges, duties, taxes and/or taxes referred to above when sending an order to the seller, cannot constitute grounds for termination of the contract and cannot in any way constitute a source to charge the aforementioned charges to the seller.

 

7. Legal guarantee of conformity of the seller, notification of conformity defects and warranty interventions

Pursuant to and for the purposes of the European Directive 44/99 / EC and Legislative Decree 206/2005 (so-called Consumer Code), the seller guarantees to the purchaser that the products will be free from manufacturing and material defects as well as to the descriptions published on the website for a period of 2 (two) years from the date of delivery of the products. The application of any guarantee in case of use of the product not conforming to the product’s own and to the instructions / warnings about it provided by the seller or reported in the illustrative documentation, in the tags or in the labels, is excluded.

Under penalty of forfeiture of this warranty, the consumer has the duty to report any defects and non-compliance no later than 2 (two) months after discovery, by sending a notice to the e-mail address info@lapelagia.it, and therein indicating the defect ans/or the non-conformity found and relative photographic documentation.

Following receipt of the request and related documentation, the seller will check and evaluate, by means of appropriate checks, the defects and non-conformities reported in this way. The consumer will be entitled to the replacement of the product, where this is possible in consideration of the availability of the product, and unless the replacement is not excessively burdensome for La Pelagia in consideration of the value that the product would have if there was a lack of conformity, extent of this defect and of the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer.

Should the seller be required to reimburse the consumer for the price paid, the refund will be made, where possible, by the same means of payment used at the time of purchase or by bank transfer. It will be the consumer’s responsibility to inform the seller, at the time of requesting the return or via e-mail at info@lapelagia.it, the bank details for the execution of the bank transfer in their favour.

 

8. Right to withdraw

The consumer is granted the right to withdraw from the contract concluded in accordance with these general conditions of sale, without any penalty, within the period of 14 (fourteen) calendar days from delivery of the product or, in the case of purchase of several products delivered separately with only one order, since the last product was delivered.

To exercise the right of withdrawal, the consumer must send an appropriate request, within the aforementioned term, to the customer service exclusively at the e-mail address info@lapelagia.it, also attaching photos of the product and packaging.

Following this communication, the consumer will receive an email confirming the withdrawal so exercised with which will be indicated the instructions for the return of the product, to be sent no later than the next 14 days to La Pelagia by Liucci Petronilla (PI 01701630624 ), Via Casale 8, San Giorgio del Sannio (BN).

The right of withdrawal is however subject to the following conditions:

• the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (such as, for example, accessories, attachments, etc.);
• the return of the product, as specified above, must take place within a period not exceeding 14 days. starting from receipt of goods;
• the purchased good must be intact and returned in the original packaging, complete in all its parts (including the packaging and its possible documentation and accessory equipment: manuals, leaflets, etc.);
• to limit damage to the original packaging, it is recommended, when possible, to insert it in a second box, avoiding in any case the affixing of labels or adhesive tapes directly on the original packaging of the product;
• the risks and direct costs of returning the products will be responsibility of the consumer, unless the product is not returned because it has been damaged, as it is in this case the costs responsible by La Pelagia and saves any subsequent verification of the causes of the damage immediately from the product;
• in case of damage to the goods during transport, La Pelagia will inform the Customer of the event (within 5 working days from receipt of the goods in their stores), to allow any action to protect their own reasons (possible insurance) against the courier (in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal);
• In any case, Pelagia will not be liable for any damage and/or theft/loss of the goods returned by uninsured shipments;
• in any case, La Pelagia specifies that it is proper to examine the product in order to assess any damage and/or tampering not caused by transport; if the packaging and/or the original packaging are damaged, it will also restrain from the refund due to the withdrawal exercised a percentage in any case not higher than 10% of the same, as a contribution to the restoration costs.

If the returned goods are used and/or damaged (for example with signs of wear, necklines, etc.), not complete with all their items and accessories (including labels, leaflets and / or any other attached item), of the original packaging and packaging and of the guarantee certificate, where present, La Pelagia reserves the right not to proceed with the reimbursement.The Pelagia will in any case be forced to refuse returns communicated or sent back late, or returned products that are not in the same condition in which they were received.In case of withdrawal, La Pelagia will refund the payments received within 14 (fourteen) days from the moment in which it is informed of the consumer’s decision to withdraw from the contract, except the right to withhold the refund until the returned goods are received and after verification of the same . These refunds will be made using the same means of payment used at the time of purchase by the consumer, unless the consumer requests reimbursement by different means of accreditation.

 

9. Consumer data and privacy protection

In order to proceed with the registration, the order and then the conclusion of the contract the buyer must provide some personal data requested through the Site that will be recorded and used by the Seller in accordance with and in compliance with the regulations of the EU Regulation 2016/679 and of Legislative Decree no. 196/2003 and ss.mm.ii. (c.d. Privacy Code) to execute each purchase made through the website and, subject to its consent, for any additional activities as indicated in the privacy policy provided through the website.

For any further information on the processing of personal data, please refer to the Privacy Policy and Cookie Policy section that the purchaser declares to have read and accepted together with these General Conditions of Sale.

 

10. Copyright

All texts, images and trademarks that appear on the site www.lapelagia.it are protected by copyright and intellectual property laws, therefore, any unauthorized use, will be prosecuted pursuant to and for the purposes of current legislation. The user who has a personal website and wants to insert, for personal use, on his website a direct link to the homepage of the lapelagia.it website, must request authorization from La Pelagia and, in this case, it will not be an implicit affiliation contract. Furthermore, any hyperlink to the lapelagia.it site, using the technique of framing, deep-linking, in-line linking or any other deep connection technique, is in any case prohibited.

 

11. Applicable law and jurisdiction

The contract concluded between the seller and the consumer in accordance with these terms of sale will be governed and interpreted in accordance with Italian law and, in particular, Legislative Decree 206/2005. The disputes between the seller and the consumer, arising from the contract between them so regulated, will be devolved to the judge of the place of residence or domicile of the consumer, in the above-mentioned meaning and in the consumer code, if located in the territory of the State. In all other cases, the jurisdiction will be devolved exclusively to the Court of Benevento.

Pelagia informs users that the European Commission also provides the possibility to resort to the amicable resolution of disputes through the online EU platform (Article 14, paragraph 1 Regulation (EU) 524/2013), accessible from the following link: https://ec .europa.eu/odr.