Terms and Conditions
These general conditions of sale (the “Terms”) govern the purchase of the products by electronic means (hereinafter referred to as the “Product” or “Products”) offered by Picci Srl, Via Torta, 78 – 50019 Osmannoro – Firenze (Italy), VAT no. 04417670488 (“Picci”) through its website www.picci.it (“Site”) to users of the Site (“User / s” or “Customer / s”). Any purchases made by customers that qualify as consumers (i.e. natural persons acting for purposes which are outside his trade, business, craft or profession) will be governed by the provisions of Legislative Decree n. 206/2005 (“Consumer Code”), while purchases made by customers that do not qualify as consumers, a term not limited to dealers, wholesalers, retailers, and professionals who are not buying for personal use, the purchases will be governed by the rules of the Italian Civil Code. Picci reserves the right to modify all or part of these Terms and Conditions at any time by notifying the users by e-mail or through the Site, with a notice of at least 30 days if they are to change the mode of use of the Products by the Users. Users are therefore advised to consult the Site periodically in order to stay informed about the conditions applied. It is understood that the use of the Site following such modifications implies the tacit acceptance of the same. Each purchase will be governed by the General Conditions in the version published on the site at the time of the transmission of the purchase order by the Customer. These terms do not regulate the sale of products and / or the provision of services by persons other than Picci that are present on the site through links, banners or other hypertext links. Before carrying out commercial transactions with these individuals it is necessary for the user to verify their sales conditions. Picci is not responsible in any way for the provision of services and / or sale of products by these parties, nor for the contents of their sites including any errors and / or omissions and / or violations of the law committed by the them
Registration on the site is free. Registration is not required to purchase. Users who register on the site need to provide some personal information, and follow all the steps in the procedure on the site. Upon registration the User will be required to enter their name, email address and password (hereinafter “Credentials Registration” ). Registration is confirmed by Picci by e-mail sent to the address provided by the User at registration. The User agrees not to transfer their Registration Credentials to third parties even temporarily, and to store them with due care, diligence, and secrecy under their own responsibility, as the they are the only means to identify the User and to validate their access to the Site. The User is therefore advised that all acts performed through the use of the Registration Credentials, will be attributed to them and will be binding. The User is obliged to immediately inform Picci of any unauthorized use or misuse of their Registration Credentials or to report any violations by third parties. If Picci discovers any violations, they may prevent access to the Site at their discretion , to permanently delete the information contained in it, or refuse to open new accounts by the same User. At any time the User may update and / or edit, or request the deletion of information released during the registration. In the case of a cancellation request however, Picci may temporarily maintain this information, in whole or in part, for the sole purpose of carrying out the purchases made and / or being able to conclude the accounting and tax procedures.
3 – Conclusion of the Contract
The presentation of products on the Site constitutes an invitation by Picci to its Members to formulate a direct offer. These offer invitations are not binding for Picci, and in particular, are not offered to the public pursuant to art. 1336 of the Italian Civil Code, and every decision to accept an eventual proposal is at the full discretion of Picci. The customer can select one or more products which they plan to purchase and place them in a virtual “shopping basket”, the contents of which can always be visualised before proceeding with the order. Clicking on the “Checkout” button will initiate the procedure for processing the order. The order placed by the Customer on the Site must be completed in all its parts and is not binding on Picci until such time as Picci sends an order confirmation via e-mail to the Customer. The order confirmation will contain the list of products purchased, their prices, the shipping costs, the date of delivery, and the general and specific conditions applicable to the order itself. Picci has the right to accept or refuse orders received, and in case of rejection, the customer cannot lay claim or claims against Picci in any way. The order will be considered, in any case, accepted and consequently the contract concluded at the time that the customer receives the order confirmation e-mail from Picci. It is understood that no contract will be concluded, without the User accepting the terms and conditions electronically during the purchase process.
4 – How to Purchase
The offerings on the site are available in limited duration for a limited number of products. The date of the validity of the offers is indicated on the site. All prices on the site are expressed in Euro (€) and include VAT. This amount will be shown separately for each product on both the order form and the order confirmation e-mail. The products will remain the property of Picci until payment of the purchase price and shipping costs by the customer. Picci will proceed with the purchase order only after receiving confirmation of payment authorization for the total amount due as specified in the order. The customer buys the product, the characteristics of which are illustrated on-line on the Website on their respective pages of descriptions and technical specifications, at the price specified therein, to which are added the shipping charges which vary depending on the product chosen and are specified on the Site. Before the purchase order is processed, the unit cost of each product chosen, the total cost in the case of a purchase of more than 1 product, and the related shipping fees are summarised. In the case of sales with promotional discounts applied by Picci, the full price indicated in the offer may correspond to: (i) list price to the public indicated; (ii) the results of market surveys.
5 – Payment
The Customer can make the due payment by credit card. Picci accept the credit cards of VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER, CARTA PREPAGATA PAYPAL and CARTA AURA. Sensitive information is processed with SSL (Secure Sockets Layer), the safest and most internationally diffuse, in order to protect the Customer. The Customer can also take advantage of paying with PayPal, which ensures the confidentiality of the personal data provided. The Customer hereby guarantees the availability of the necessary sum on their credit card, undertaking not to make purchases for amounts not available on the credit card. Picci does not use nor keep the data related to payment (e.g. credit card numbers) that Clients used to purchase products, and such information is used exclusively by the suppliers of the payment service. The actual payment is in fact only made after transferring the customer to a secure page encrypted by the banking service. Only after a transaction has occurred, does the service provider bank communicate to Picci the outcome of the payment, without giving any information regarding the credit card used. For this reason, Picci has no power over the possible rejection of a credit card used for payment. Picci can not therefore be held liable in any way for direct or indirect consequences arising from the use of credit cards by the Customer to perform the purchase of the Products. Alternatively payment can be made by bank transfer. In case of failure to pay within 7 days of confirmation of the order by Picci, the same has the right to cancel the order. On the occasion of the first purchase, Users will be asked to communicate the data necessary for the receipt or invoice. In case of non-payment, Picci will charge the costs related to the management of outstanding Customers, and will reject the purchase order, communicating by e-mail.
6 – Availability of Products
In the event that one or more products ordered are unavailable, Picci advises the customer and proceeds with the partial delivery, reimbursing the amount for the product/s which were unavailable and the relevant shipping costs. The customer can not claim damages or compensation in addition to those legally owed on those products which had become unavailable. The Customer acknowledges and agrees that the availability of products on the site is not updated in real time and can change during the course of the same day also due to the possibility of a simultaneous access to the site by multiple customers.
7 – Delivery of Products
Picci only accepts orders for delivery to the following areas: Italy, Austria, Benelux, Denmark, Finland, France, Germany, Great Britain, Greece, Ireland, Norway, Poland, Portugal, The Czech Republic, Spain, Sweden. On request we could ship also to Iceland and Switzerland. The shipment of the product is made within the time limit specified in the conditions of the offer. Picci uses different couriers carefully selected based on the volume of products to be delivered and the geographic location.. It is not possible to guarantee a date or a specific time of delivery as this depends on the courier, the destination address, and the subject delivery charge. Picci is therefore not liable for any direct or indirect consequence resulting from these timings. The delivery of the order means at street level, unless otherwise agreed upon with the carrier. In any case, upon delivery of the goods by the courier, the Customer is be required to verify that the package is not damaged, or otherwise altered, including the sealing materials (adhesive tape or strapping). Any damage to the package and / or the Product must be immediately communicated by the User in writing on paper to the delivery courier (specifying the reason for the complaint, e.g.. “Package unsealed”, “Package crushed”, etc.). Once this document has been signed, the user can no longer make any objections about the characteristics of the goods. Any eventual problems concerning the physical state, correspondence, or completeness of the products received must be reported within 7 days of delivery by writing an e-mail to: email@example.com. In case of failure to deliver the goods within the timeframe specified, the user is required to notify Picci, that will then check on the shipping status and any eventual anomaly directly with the carrier. Picci will in no case be held responsible for delays, defects, or deviations depending on events outside its reasonable control such as, but not limited to: (i) acts of God; (ii) events caused by third parties such as interruption or malfunction of the services of telecommunication operators and / or electric power lines or acts or omissions of carriers or shippers. In case of impediments to the delivery due to force majeure, Picci will contact the customer via email to inform them of the delivery delay.
8 – Retrieval of Products in Case of the Absence of the Customer
In the case of non-delivery to the recipient because of the Customer’s absence at the address specified in the order, the courier will leave a notice to certify the delivery attempt. Once notified, we will provide the data that the customer can use to contact the carrier either to set a date for a second delivery attempt, to find out the address of the nearest branch of the courier, or to arrange the retrieval from a local office. If after the third attempt delivery we won’t find the customer the package will remain in storage at the courier.
9 – Ensuring Product Compliance
The products are covered by the legal guarantee of conformity provided for in art. 128 to 135 of the Consumer Code (“legal guarantee”), this guarantee is for the the Customers.The description of the products offered on the site is made by Picci. The images and colors of the Products published on the Site may differ from their actual appearance due to the local settings of the computer systems and / or the tools used for their visualization. Picci is liable to the consumer for any lack of conformity of the Product which exists at the time of delivery or which may occur within two years from that delivery. The defect must be communicated to Picci, under penalty of forfeiture of the guarantee, within two months from the date when it was discovered by sending an email to the following address: firstname.lastname@example.org.
10 – Defective Products
In case of lack of conformity of the Products purchased, as compared to their publication on the Site, the User has the right to repair or replacement the Product at no additional charge if this is possible in relation to the number of products still available and if the replacement or repairs are not excessively onerous in relation to the value of the asset. Alternatively the Customer has the right to cancel the contract or receive a reduction in price. Unless proven otherwise, it is assumed that a defect or lack of conformity that has become apparent within six months of delivery of the product, already existed on that date, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity. To take advantage of the legal guarantee, the User must then provide proof of the date of purchase and the delivery of the product. Products which have been repaired, modified or altered in any way by the User are excluded from the legal guarantee. Also excluded from the scope of the legal guarantee are any failures, malfunctions or other defects caused by accidental events for which the User is responsible or by use of the Product not in accordance with its intended use and / or as provided in the documentation sheet attached to the product, if any, or the instructions of use relating to the same. The conventional guarantees relating to products sold are those provided by the manufacturer. The Products purchased on the Site are subject to the discipline on the sale of consumer goods
11 – Return Policy
The User who requires a service for purposes unrelated to their profession has the right to terminate the purchase contract concluded with Picci without penalty and without giving any reason, within 14 working days from the day of receipt of the Product purchased on the Site pursuant to art. 52 paragraph 1 of the Consumer Code. In this regard the date on the delivery note constitutes full proof of receipt. Returns may be exercised by the customer, in accordance with art. 54 paragraph 1 of the Consumer Code, using the Return Form set out in Annex I, Part B of the Consumer Code, or using the Return Form downloadable in the “Returns” section of the site, or by presenting any other unequivocal statement of its decision to terminate the contract in a letter to be sent to / r, in Picci Srl, Via Torta, 78 – 50019 Osmannoro – Firenze (Italy), or by e-mail at email@example.com. The letter and/or the email must contain the product description and the order number. The burden of proof as to the proper exercise of the right to a return in accordance with the above procedure, is borne by the User. Following the proper procedure for a return, unless Picci fails to collect the product directly, the user has the responsibility to return the product without undue delay, and in any event within 14 days from the date on which the user communicated to Picci its decision to terminate the contract, in accordance with art. 54, c. 4 to: in Picci Srl, Via Torta, 78 – 50019 Osmannoro – Firenze (Italy). The User must apply the document, the shipping address. The User is compelled to place a copy of the order confirmation also, in order to prevent loss or the inability to identify the return once the item has been returned to the warehouse. The costs of shipping the goods will be will be charged to the customer. Picci reserves the right to verify that the product, of which the user is solely liable pursuant to art. 57 paragraph 2 of the Consumer Code, is in the same state in which it was delivered, or that the product was not altered from its original status, preservation, and to the extent possible, also its original label and packaging. In the case that this is not available, the user will be required to return the Product properly packaged, so as to preserve its integrity. It is understood that the right to a return, in accordance with Article 59 letter C of the Consumer Code, is excluded in the event that the Customer has purchased a tailored or clearly customized product from Picci which was created following the Customer’s specific order (“Custom Product”). Therefore Custom Products can not be the subject of return, reimbursement and / or replacement.
12 – Refunds
In view of a cancellation, the customer is entitled to a refund for the amount paid as the price of the Product / s, including shipping and delivery costs without undue delay to be made as quickly as possible and in any event no later than 14 days from the date of notice of cancellation (except for any additional costs arising from the possible choice of a type of delivery other than the less expensive than standard delivery type offered by Picci). In view of a cancellation, it is possible for the customer to exchange the Product with another or receive credit notes from Picci. Refunds will be made through the same means of payment used for the initial transaction, unless the parties have expressly agreed otherwise. Refunds may be suspended until receipt of the goods. The consumer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic, and functioning of the goods. In the case of a partial refund, only the price of the returned Products will be refunded. Also in this case, the Customer who during the initial order had benefited of free shipping for meeting a minimum order value, may be charged for shipping costs corresponding to the new order if it is under the minimum purchase amount required to obtain free shipping.
13 – Termination clause Expressed
In the case of failure to pay all or part of the purchase price of a Product, Picci reserves the right to declare this contract resolved by sending a written communication to the e-mail address of the Customer, according to Art. 1456 of the Civil Code.
14 – Complaints
For any complaint or request for further information, the Customer must send an email to: a href=”mailto:firstname.lastname@example.org”>email@example.com. The customer will be contacted for clarification within 3 working days of the request.
15 – Reference
Although not expressly provided in this agreement, the rules of Italian law apply.
16 – Intellectual Property Rights
The contents of the site and any other material in any format published on the Site – including but not limited to: images, photographs, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, patterns, tools, fonts, web design, diagrams, layouts, methods, processes, functions, and software – are protected by copyright and are the intellectual property of Picci and the other rights holders. In addition, the production, modification, duplication, copying, distribution, sale, or other uses of the images, or the content of the Site is prohibited, unless previously authorized by Picci. Any use of the website contents for commercial and / or advertising is also prohibited. All the other signs that distinguish the products sold on the Site are trademarks of their respective owners and are used by Picci under license for the sole purpose of distinguishing, describing, and advertising its products on the Site. Their unauthorized use is prohibited.
17 – Treatment of Personal Data
18 – Electronic Signature
The “validation click” constitutes an electronic signature, which assumes the same value between the parties as a handwritten signature.
19 – Completeness of the Contract
These Terms constitute the entirety of the obligations of the parties. No other general or specific condition communicated by the customer may enter or be outside of these Terms.
20 – Nullity
Should one or more provisions of these Terms be considered invalid or declared such pursuant to a law, regulation, or following a final decision taken by a competent jurisdiction, the other provisions will retain their full force and value.
21 – Customer Service
For any technical and / or administrative problems Picci can be contacted at the following address: e-mail: firstname.lastname@example.org.
22 – Law and Jurisdiction
These Terms shall be governed in all respects by the Italian law. Any dispute concerning the interpretation, execution, and / or termination of the contract between the Customer and Picci will be handled by the Judge of the place of residence or domicile of the User, if considered a Customer in accordance with current laws. If instead the User is a professional, the matter will be handled by the Court of Florence.