TERMS AND CONDITIONS
General terms and conditions of sales for on-line purchases on the site of Mario Pagliaro
Mario Pagliaro Design, seat in Casoria Via Tenente Formicola 2 – cap 80026, Naples, Architect enrolled in the register of Naples, n.11107, and with VAT registration n. 07118821219, makes it possible for all users to purchase Mario Pagliaro Design branded products (see “Products” in the following) through the website www.mariopagliaro.it, sec. “Purchase on-line” (see “Site” in the following), of which Mario Pagliaro is the exclusive and only proprietor.
1) General notes
The present general terms and conditions of sales (“General terms and conditions”) are regulated by the Consumer Code (Leg. Decree n. 206/2005 and s.m.i.) and by the regulations for e-commerce (Leg. Decree n. 70/2003 and s.m.i.) and apply only to Products sold on-line at a distance —————-as identified and listed in the section of “Our products on-line” of the Site and Services as shown in the General Conditions and in the “Services” section of the site. In case of any variation in General Conditions, when a purchase order is placed, as specified in the following art. 3 and 4 of General Conditions (see “Purchase order”), the General Conditions published on the site at the time of the order placed by the Client (see “Client” in the following) shall apply.
2) Offer to the public
The Products and Services together with the respective Prices as present on the site, constitute an offer to the public compliant with modalities given in the General Conditions and the Site itself. The Conditions of such offer apply only to purchases made through the website indicated above. The contracts of purchase stipulated on the site and having as object the Products and relative Services (hereafter “Contracts of Purchase” or simply “Contracts”) are transacted with Mario Pagliaro Design.
All Prices of Products indicated on the Site, in the section “Our online products” include 4% of Inarcassa contributiuons. Delivery expenses (see “Delivery Expenses” hereafter) and expenses concerning further Services supplied by Mario Pagliaro Design, as indicated in successive articles of the present General Conditions, are to be paid by the Client and are adequately specified in the Purchase Order. The Price applied to Products and Services is the one highlighted on the site, the moment the Order is requested, regardless of previous offers or possible variations in Price intervened afterwards.
Purchase orders must be placed online through the order procedure (see “Order Procedure” in the following) present on the site.
So as to fill in the Purchase Order the Client may, alternatively, follow the modalities below:
The Client successfully concludes the Order Procedure if the site does not highlight any error messages (the site cannot detect any errors about data inserted by the Client in the field for addresses for receipts and deliveries). The Purchase Contract will have been intended as concluded between Mario Pagliaro Design and the Client the moment the Order is received by Mario Pagliaro Design. In such case Mario Pagliaro Design shall acknowledge having received the Order by sending an email confirming the Order (see “Order Confirmation” in the following) to the email address communicated by the Client. Such confirmation will list the Products and Services chosen, the relative Prices (including Delivery fees and further expenses for further Services requested by the Client), the address for delivery, the Order number (see “Order Number” hereafter), the General Conditions of Sales present here, and possible specific Conditions applying to the single Order and determined by specific requests of the Client.
Mario Pagliaro Design reminds the Client to verify with great care and attention whether the data in the Order Confirmation is correct, and to communicate, within 24 (twenty-four) hours of receiving it, any possible corrections. The Order Number generated by the system, and communicated by Mario Pagliaro Design, must be used by the Client in any communication with Mario Pagliaro Design.
It is possible that occasionally some of the products offered may not be available, in such case, should the Products chosen by the Client not be available, Mario Pagliaro Design will communicate it to the Client.
5) Payment methods
The payment must be made the moment the order is forwarded to Mario Pagliaro Design.
Payment can be made online with Paypal (Credit Card), Bank Transfer, and following the indications given by the site and according to what is specified below.
Mario Pagliaro Design reserves the right to request the forwarding of a copy of the identification document of the owner of the Credit Card. When the Order Confirmation is sent, the Client shall be charged the total amount of expenses for the Order.
Mario Pagliaro Design shall issue a receipt for the Purchase Order, sending it to the subject proprietor of the Order via email. Should the proprietor of the order not receive the aforementioned receipt within 48 hours (forty-eight) of the Order Confirmation, he may contact Mario Pagliaro Design through the following link “Contact us”. The information given by the Client shall be employed for the emission of the fiscal receipt. Therefore Mario Pagliaro Design reminds the Client to verify, with the utmost care and at all times, the accuracy of the information supplied.
6) Delivery procedures
Mario Pagliaro Design will carry out the delivery (see “Delivery service” or simply “Delivery” in the following) through specialised couriers purposely designated by Mario Pagliaro Design (see “Couriers” hereafter). At the moment of Delivery the presence of the Client is required, or of a trusted person to check that the package is not broken and is clean, and the Products received do correspond to those listed on the Order. In case of visible faults, such as the wrong quantity and/or wrong Product, and of a broken or ripped package, Mario Pagliaro Design asks the Client or person entrusted to report such faults in the transport document and to contact Mario Pagliaro Design through the “Contact us” link.
Mario Pagliaro Design delivers the Products purchased to the address indicated by the Client within 30 days (thirty) from the Order, except for some products for which a longer delivery time is specified, with the following procedures:
- The Client shall insert the data necessary for the Purchase in the specific form, accessing the shop Section.
For further information concerning the present transport procedure please consult the “Light Transport” section of the “Transport” page.
- Orders weighing 30 kg (thirty) or less – (“Light Transport”): the moment he Order is placed an estimated Delivery date will be given. Such date is only an indication, therefore Mario Pagliaro Design may not be held responsible in case the date is not respected, if the Delivery is made within 30 days from the order. The Delivery will take place without any previous appointment and is intended at road level. The Delivery will be made through a courier in a time between 8.00 am and 19.00 from Monday to Friday. The Courier will make 2 (two) attempts of delivery of the Products at the address given by the Client. In case of absence during the first Delivery the Courier will leave a card with the phone number to contact in order to arrange the second Delivery, which otherwise will be made the following working day. After two unsuccessful attempts, the Products will be kept by the Courier, with no additional charges, for 10 (ten) (calendar) days during which the Client will be able to contact the Courier for further arrangements. After 10 (ten) (calendar) days of storage the Order shall be automatically cancelled and Mario Pagliaro Design will reimburse the Client the value of the Order, except for the Delivery fees, for which the Client will be charged. The present Delivery Procedure will not be applied to deliveries of electronic devices of the UPPLEVA series, nor to the Delivery of Products listed in the Product List not included in the Light Transport Service, as listed in the following link: “Light Transport”, and shall always be delivered through the Transport by Appointment Service, as described in the following paragraph b) of the present art.6, even if weighing 30kg or less.
In cases in which:
- Orders weighing more than 30 kg (thirty) – (“Transport by appointment”): the moment an Order is placed an estimated Delivery date will be given. Such date is only an indication, therefore Mario Pagliaro Design may not be held responsible in case the date is not respected, if the Delivery is made within 30 days from the order. The Client will later be contacted directly by the Courier in order to arrange the time and the day for Delivery. If the Client needs to change the Delivery date previously arranged with the Courier, it will be possible to do so, free of charge, up to 24 hours (twenty-four) before the delivery time previously agreed upon. For a new Delivery the Client may contact the Courier from Monday to Friday 9.00-18.00 or contact us through the link: “Contact us”. In case of absence of the Client on the day and time agreed upon with the Courier, Mario Pagliaro Design will charge the Client the expense of the new Delivery.
The Products purchased may be kept in storage by the Courier, without extra charges, for up to 15 (calendar) days (fifteen) starting from the day the Client is contacted by the Courier. After fifteen days’ storage the cost is 10.00 Euro (ten) total (VAT included) for the first 3 days (three), thereafter there will be a maximum cost of 5.00 Euro (five) (VAT included) per day. The Client will be charged such cost, which will have to be corresponded through Credit Card. Products may be kept in storage for a maximum of 30 (calendar) days (thirty).
In case the Products should not be collected by the Client within the term specified above, the Order will be automatically cancelled and Mario Pagliaro Design shall reimburse the Client the value of the Order, except for the delivery and storage expenses for which the Client will still be charged. For further information concerning the present Delivery procedure please consult the “Transport by appointment” section of the “Transport” page.
The moment the order is placed the estimated date of arrival of the goods at the Collection Point will be communicated. Such date is only an indication, therefore Mario Pagliaro Design may not be held responsible in case the date is not respected, if the Delivery is made within 30 days from the order.
Thereafter the Client will be directly contacted by the Courier and informed of the availability of the Products at the Collection Point.
Products may be collected from Monday to Saturday during the times indicated on the “Transport” page. The Products will be given to the Client on trolleys or pallets and it will be up to the Client to load them on his/her vehicle. The Products purchased may be kept in storage by the Courier, without extra charges, for up to 15 (calendar) days (fifteen) starting from the day the Client is contacted by the Courier and informed of the availability of the Products at the Collection Point. After fifteen days’ storage the cost is 5.50 Euro (five/50) total (VAT included) for every extra day. The Client will be charged such cost, which will have to be corresponded through Credit Card. Products may be kept in storage for a maximum of 30 (calendar) days (thirty). In case the Products are not collected by the Client within the term specified above, the Order will be automatically cancelled and Mario Pagliaro Design shall reimburse the Client the value of the Order, except for the delivery and storage expenses for which the Client will still be charged.
Concerning the Delivery procedures mentioned above in letters a), b), and c), Mario Pagliaro Design shall not be held responsible in any case of delays caused by events, acts, facts and circumstances unforeseeable at the time of each Purchase Contract, inevitable and beyond control of Mario Pagliaro Design (for instance: strikes, riots, natural calamities, etc.). In such situations Mario Pagliaro Design will timely communicate the Client a new term by which the Delivery shall be carried out and will make every possible effort to comply with the obligations included in the Purchase Contract.
7) Delivery Expenses
The Client is charged for Delivery expenses (see “Delivery Expenses” in the following) that are adequately highlighted and detailed in the Purchase Order and successive Order Confirmation.
13) Cancellation of the Purchase Order
Should the Client wish to cancel the Order made, this can be done within 24 hours (twenty-four) after payment, with no extra charges. In such case Mario Pagliaro Design shall reimburse the Client the entire amount corresponded. In case of cancellation of the Order after 24 hours, Mario Pagliaro Design shall reimburse the Client the amount corresponded except for the Delivery expenses, following the same procedures indicated above.
14) Right of withdrawal
If the Client is a “Consumer”, as defined in article 3 of the Code of Consumerism, he/she is entitled to the same rights included in art.52 and following of the Code of Consumerism, as modified by Leg. Decree n.21 of 21/04/2014, and therefore the right of withdrawal from the Purchase Contract (see the following “Right of withdrawal”) for whatever reason, with no explanation or penalty, with the modalities specified in the following. The Withdrawal may concern all (Total Withdrawal) or only part (Partial Withdrawal) of the Mario Pagliaro Design Products purchased by the Consumer. The Withdrawal period expires after 14 days (fourteen) from the day on which the Consumer or a third party, different from the Courier and designated by the Consumer, acquires physical possession of the Product/s (see “Withdrawal Period” in the following).
The Right of Withdrawal is exercised by sending – before expiry of the Withdrawal Period, as indicated above – a communication of withdrawal (see “Communication of Withdrawal” hereafter) on paper through the post addressed to
Mario Pagliaro Design Casoria Via Tenente Formicola n° 80026 (Na). The Withdrawal Communication may also alternatively be sent – within the same Withdrawal Period as indicated above – through e-mail to the following address : email@example.com . The Withdrawal Communication must specify the wish to withdraw from the Purchase and the Product or Products for which the Withdrawal Right is intended to be exercised. Mario Pagliaro Design, supplies his Consumers with a specific Form to be used for the Withdrawal Communication so as to make it easier to exercise the Right of Withdrawal. Download the “withdrawal Right Form” here.
After the correct exercise of the Right of Withdrawal, as identified by art. 52 and following of the Consumerism Code as mentioned above, Mario Pagliaro Design shall send the Consumer —————— a Record Number through e-mail. Such Number will have to be indicated by the Consumer when the Product/s are returned (see “Restitution” in the following). Restitution of the Product/s must take place within 14 days (fourteen) from the date in which the Consumer communicated the decision to withdraw in accordance with art. 52 of the Consumer Code aforementioned. The term mentioned above will have been respected if the Consumer sends back or returns the Product/s object of Withdrawal before the 14 days expiry period. You can contact us through the channels listed in the “Contact us” section of the site.
Mario Pagliaro Design reminds his Consumers that transport expenses for returning the Product/s object of Withdrawal are to be covered by the Consumer and Returning them is solely the responsibility of the Consumer. Mario Pagliaro Design also reminds his Consumers to check whether the Product/s object of Withdrawal is/are whole, not broken, and in a normal state of conservation, in the original package complete with all its/their parts (including the wrapping of the package and accessory documentation), before returning it/them.
The Consumer, in compliance with the current legislation, will be held responsible only for the reduction in value of the Product/s resulting from manipulation other than that necessary to establish the nature, features and functioning of the Product/s.
If the Right of Withdrawal has been correctly exercised in accordance to art. 52 and following , Mario Pagliaro Design will reimburse the Consumer the entire amount paid, including the Delivery fees, within 14 days (fourteen) from the day on which he received information about the Consumer’s decision to withdraw from the Purchase Contract. The amount will be reimbursed through the same means of payment used by the Consumer for the initial transaction, except in the case of a different request expressed by the Consumer and provided that the Consumer may not have to incur in any further expenses in consequence of the reimbursement. Mario Pagliaro Design, in compliance with, and in consequence of art. 56 of the Consumerism Code as modified by Leg. Decree n.21/2014, reserves the faculty to withhold the reimbursement until receiving the Product/s or until the Consumer will have proved he/she has sent the Product/s, according to whichever situation occurs first. The aforesaid faculty will not be exercised by Mario Pagliaro Design if the Consumer employs the dedicated transport Service for Restitution made available by Mario Pagliaro Design, for returning the Product/s.
15) Legal and Conventional warranties
- Delivery is requested in areas in which traffic is subjected to restrictions and/or no access, such, for instance, as restricted traffic areas, areas accessible only to cars, pedestrian areas, etc.;
- the distance between the unloading point and the building of destination of the Products purchased is more than 100 metres (one hundred);
- the building of destination of the Products purchased has no lift, service elevator, or any stairway and/or doorways having dimension and capacity ideal for the passage and lifting of the Products themselves; the Client will be charged for the further costs of such extra services. So as to have all necessary information concerning costs of extra services, the Client may contact Mario Pagliaro Design, before sending in a Purchase Order, through the contacts listed in the “Contact us” section of the Site. After having sent the Order, the Client will have to contact Mario Pagliaro Design through the aforementioned contacts, to readily inform Mario Pagliaro Design of the necessity of such additional services and proceed to payment, to be made through Credit Card. Mario Pagliaro Design reminds all his Clients that in case there should be no preventive information about the necessity of the aforementioned additional services, Mario Pagliaro Design may not be able to deliver the Products within the times agreed upon, and may also have to make a second Delivery, which would be totally at the expense of the Client. Also, in case of no preventive information, Mario Pagliaro Design reserves, from now, the right to charge the Client for all costs relative to the further services indicated above and not preventively communicated.
- Legal warranty for the Consumer Client The Consumer Client (see “Consumer” in the following), as defined in art. 3 of the Consumerism Code (in the following, “Consumerism Code”, Leg. Decree 6 September 2005, n.206) is entitled to avail him/herself of he legal warranty included in the Consumerism Code in the articles from 128 to 132. Such warranty also establishes that the Consumer may report, if this is not done the warranty will expire, to Mario Pagliaro Design, any possible conformity fault found in the Product purchased, within 2 months (two) of discovering it (art. 132, Consumerism Code). In consequence of such report, the Consumer will be entitled to request the repair or replacement of the Product, besides the other rights included in the Law in favour of the Consumer. Because of the legal warranty mentioned above, Mario Pagliaro Design is responsible for conformity faults appearing within 2 years (two) from the Delivery of the Product. Therefore, beyond such term, Mario Pagliaro Design will not be responsible for any conformity faults found by the Consumer. In case of replacement or repair of the Product, the terms of the warranty of the Product given as a replacement or deriving from repair, are the same as the original product. Therefore, the total biannual duration of the legal warranty will start from when the original Product is first delivered. In order to benefit from the warranty the Consumer will be invited to show the purchase document. In any case, for regulations concerning legal warranty, see the regulations included in the Consumer Code in article 128 and those following.
The Professional Client, as defined in art. 3 of the Consumerism Code, is entitled to avail him/herself of the Legal warranty included in the Civil Code. Such warranty also establishes that the non-Consumer Client may report, if this is not done the warranty will expire, to Mario Pagliaro Design, any possible conformity fault found in the Product purchased, within 8 days (eight) of detecting it. The legal warranty mentioned above is valid for a maximum term of 12 months (12) from when the Product is delivered. Therefore, beyond such term, Mario Pagliaro Design will not be responsible for any conformity faults found by the non-Consumer Client. In order to benefit from the warranty you are invited to show the purchase document.
18) Treatment of Personal Data
Data concerning the Client is treated by Mario Pagliaro Design in compliance with regulations for the protection of personal data, as specified in the information sheet given in the dedicated section “Information sheet in accordance to art. 13 of Law Decree 30/06/2003”.
Every communication, except for what envisioned in the previous art.14 “Right of Withdrawal”, may be addressed to Mario Pagliaro Design using the contact channels listed in the “Contact us” section of the Site.
- Legal warranty for the non-Consumer Client (Professional)