General terms & conditions
1.1. These general terms and conditions of sale (hereafter also the “Conditions”) shall apply to the purchase of “Piazza Sempione” brand products (hereafter the “Products” or individually the “Product”) via the ecommerce website www.piazzasempione.com (hereafter the “Site“) by users falling within the definition of “Consumers” pursuant to article 1.2 below.
The Site, which is the property of Sinv spa, with registered office in via Lago di Misurina 65 – 36015 Schio ,Italy, tax code and VAT no 00335790242, Business Register enrolment of Vicenza VI128008 (hereafter the “Owner“).
1.2. The owner sells the Products on the Site. The Parties involved in the purchase of Products via the Site shall be the Owner as Seller (hereafter the “Seller “) and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the “Consumer”) (the Seller and the Consumer shall be referred to jointly as the “Parties”).
1.3. The Owner holds all rights to the Site’s domain name, the logos, the registered trademarks relating to the Products available on the Site and holder of all copyrights relating to the Site and its contents.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests conceming the purchase and/or delivery of the Products or exercising the right to withdraw, etc. shall be sent to the Seller at the addresses and in accordance with the procedure set out on the Site and to the e-mail address firstname.lastname@example.org.
1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:
a) the withdrawal right referred to in article 10 shall not apply to the buyer;
b) the Product warranty referred to in article 8 shall not apply to the buyer;
c) no other provisions foreseen in favor of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention 1980.
1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.
1.9. The Consumer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
2. Product features and availability in the various geographical areas.
2.1. The products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Seller reserves the right to amend these Conditions of sale at any time, at his own discretion, without being liable to provide any notice to Website users. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Consumer is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed below:
Austria, Belgium, Bulgary, Canada, Czech republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherland, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States.
3. Product purchase procedure – Conclusion of each single purchase contract
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offerto purchase and is not an offerto the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these Generai Terms and Conditions of sale, which form an integrai part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read carefully these Conditions of sale and the notice concerning withdrawal rights (Return nd Refund), to print off a copy of the same and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Consumer’s purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process; the order confirmation email, a summary of the order placed, including a detailed list of the prices and shipping costs, along with a description of the product features. The Consumer’s order, the Seller’s order confirmation and the Conditions applicable to the contract will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at email@example.com.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.
4. Product selection and purchasing procedure
The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents: at this point, the Consumer, is required to carefully read and expressly approve these Conditions by ticking the relative check box and, finally, confirm the order by pressing the “Place Order” button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Consumer will also be asked to select a delivery option and a payment method from those available. If the Consumer selects immediate payment by credit card or Pay Pal, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the persona! details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.
4.1. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to an evident technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller’s Customer Care service by e-mail to the following address firstname.lastname@example.org.
5. Delivery and acceptance of goods
5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below.
5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, as quickly as possible, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; in the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse the delivery from the carrier/courier or accept the delivery “with reservations”.
6. Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site, except for special promotions.
6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.
If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which c the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.
6.3. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility of the Consumer.
6.4. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.1. Payments for orders can be effected by credit card or PayPal at the conditions provided below. The Seller may allow additional payment methods, indicating them in the Website’s payment section.
7.2. When payment is by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to NEXI Payments SPA with registered office in Corso Sempione 55, 20149 Milano, P.IVA 10542790968, enrolled with the Business Register of Milan no. 1725898, or PayPal (Europe) S.à r.l. et Cie, S.C.A., with registered office in 283, route d’Arlon, L-1150 Lussemburgo, the operators designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.3. The invoice/tax records relating to the purchase will be sent to the Consumer, where foreseen by applicable laws in force, in electronic format to the e-mail address provided by the Purchaser during the registration process, if the products are to be delivered to a recipient in the EU territory, or attached to the purchased product in paper format, in all other cases.
8. Seller’s legal warranty of conformity, reporting of non-conformities and interventions under warranty.
8.1. The Seller, in accordance with European Directive 771.2019/UE and Italian Legislative Decree No. 206/2005 (herein after “Consumer Protection Code”), and s.m.i and, ultimately, partially amending and integrating the “Consumer Protection Code”, of the Italian Legislative Decree No. 170/2021 , provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.
8.2. In accordance with co. 3 of article 133 of the Italian Legislative Decree No. 170/2021, any direct action to report the defects must be undertaken, in every case, within the period of 26 (twenty-six) months after delivery of the Product. not deliberately concealed by the Seller; the Consumer, agreed for the performance of the contract, can however exercise the rights in accordance with article 135-bis of the Italian Legislative Decree No. 170/2021,
In accordance with co. 1 of article 135 of the Italian Legislative Decree No. 170/2021, any lack of conformity, which becomes apparent within 1 (one) year from the delivery of the Product to the Consumer shall be presumed to have existed at that time unless proven otherwise., unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity.
The Consumer is required to report to the Seller any defects and/or non-conformities of the products, compiling the RMA form in the Site or informing the Customer Care Service by email to email@example.com. , clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt). Failure to do so will invalidate this warranty.
8.3. On receiving the form and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer and, having carried out quality control tests in order r to assess whether the Product does not in fact conform, shall, at its own discretion , decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this e-mail will include the “RMA Code”. Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed only once the Products have been returned. The Products that the Seller has authorised to be returned shall be sent by the Consumer, together with a copy of the returned product authorisation e-mail indicating the “RMA Code” within 30 (thirty) days from the date on which the Authorization to return has been received to the following address: SINV SPA c/o Mas Logistics srl, Via Bianche, 33 – 36010 CARRE’ (VI) ITALY.
8.4. In cases of defects and/or nonconformities, the Consumer shall be entitled to have the conformity of the Product reinstated with repair or replacement of the same by the Seller, or to receive a proportional reduction of the price, or to resolve the contract in accordance with the conditions exposed in the articles 135-bis, 135-ter and 135-quater of the Italian Legislative Decree No. 170/2021. If the Seller undertakes to refund the Consumer for the price paid, the refund will be effected, where possible, using the same payment method used by the Consumer to purchase the product.
9. Defective Products Liability
9.1. With regards to potential damages caused by faulty Products, the provisions set forth by European Directive 85/374/EEC and the Consumer Code and s.m.i. shall be applicable. The Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, indicating, on receiving such request from the damaged Consumer, the identity and domicile address of the manufacturer of the product concerned.
10. Right of withdrawal
10.1 Notwithstanding the exceptions under art. 59 of the Consumer Code, the Consumer shall have the right to withdraw from any contract concluded pursuant to these general Conditions of sale, without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several Products on one order are delivered separately, from the date the last Product was received.
10.2 To exercise a right of withdrawal, the Consumer shall, before the deadline indicated in paragraph 10.1 above, access the “RMA” page in the My Account area.
10.3 On completing the requirements of paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email containing, in the case where the ordered product has already been received, the RMA form to be included in the package, along with the instructions on how to return the product, to be sent within and no later than 14 days to:
SINV S.p.A. c/o Mas Logistics S.r.l., Via Bianche, 33 36010 CARRE’ (VI)- ITALY.
10.4 If the Consumer has received the product, he is required to return it to the above indicated address without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if the Consumer returns the goods before the period of 14 days has expired. The Consumer shall be responsible for the direct risks and costs of returning the goods, and providing proof of the same. If the Consumer exercises bis right ofwithdrawal via the Site and wishes to use the return service provided by the Site, before confirming the withdrawal request, the cost to return the goods will be indicated.
10.5 Lf the Consumer withdraws from this contract, a refund of all payments received will be effected, including the costs of delivery (with the exception of the supplementary costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from exercising the right of withdrawal. Such refunds shall be effected using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. We may withhold the refund until we have received the retumed goods or the Consumer has supplied evidence ofhaving despatched the goods, whichever is the earliest.
10.6 The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the retumed goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes /manuals supplied, the originai packaging and packing and the originai warranty, if any, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund egual to the residuai value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the originai packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
11. lntellectual Property Rights
11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Sinv S.p.A. and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
11.2. Unless prior specific consent is granted in writing by Sinv S.p.A., no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
12. Protection of Consumer Personal Data
12.1. In order to proceed with the registration process, piace an order and conclude this contract under these Conditions of sale, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and subject to the provisions of UE Regulation 679/2016 and Italian Legislative Decree no. 196/2003 as subsequently amended – the Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Information Notice on the Personal Data Protection Code provided to the Consumer via the Site during the registration phase.
12.2. The Consumer hereby declares and guarantees that the persona! details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.
13. Data Security
13.1. While the Seller takes all necessary precautions to protect personal data against loss, falsification, manipulation and improper use by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by NEXI SPA and PAYPAL, which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
14. Applicable law, settlements and jurisdiction
14.1. Any sales contracts signed between the Seller and the Consumer under these Conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, the Consumer Code and the Italian Legislative Decree No. 170/2021, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer’s country of residence.
14.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
14.3. As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link:http://ec.europa.eu/odr. The Seller’s email address to be reported to the European ODR Platform is as follows firstname.lastname@example.org.
14.3 If no settlement attempt is made, as under section 14.2, or the attempt is not successful, exclusive jurisdiction for all disputes shall be granted to the competent court in the Consumer’s place of residence or domicile address.