GENERAL TERMS AND CONDITIONS OF SALE
CUSTOMERS ARE INVITED TO CAREFULLY READ THESE “GENERAL TERMS AND CONDITIONS OF SALE” BEFORE SUBMITTING ANY PURCHASE ORDER OF PRODUCTS, NEW AND/OR USED, VIA THE WEBSITE HTTPS://WWW.PISA1940.COM. THESE “GENERAL CONDITIONS OF SALE” MUST BE ACCEPTED AT THE TIME OF PURCHASE.
1. INTRODUCTION
1.1 These general terms and conditions (“General Conditions” or “Conditions”) govern the sale of products and services, carried out remotely via the website www.pisa1940.com (“Site”) owned and managed by F.lli Pisa S.r.l., with registered offices in Milan (MI), Via Montenapoleone 9, postcode 20121, VAT and Tax Code no. 01036610150 – REA no. MI 285586 (“Company” or “F.LLI PISA”).
1.2 These Conditions apply to any sale executed through the Site between the Company, as a professional, and customers being individuals and acting as consumers, i.e. for purposes not related to their respective entrepreneurial, commercial, handicraft or professional activity (“Customer/s”) within the meaning of Italian Legislative Decree no. 206/2005 (“Customer Code”).
1.3 The products available for purchase on the Site are precious objects (such as, by way of example only, watches, necklaces, bracelets, earrings) both new and used.
Limited to used products, the provisions of Italian Legislative Decree no. 92/2017 and subsequent amendments and additions (“Second-hand Products”) also apply.
Unless otherwise specified, the capitalised term “Products” used in the text of these Conditions also refers to Second-hand Products.
1.4 All purchases of Products made through the Site by Customers are governed by these General Conditions as well as by the other provisions and operating instructions contained in the Site. In the event of any conflict between the provisions and operating instructions contained in the Site and the provisions of these Conditions, the latter shall prevail.
1.5 The information contained in these General Conditions is also provided pursuant to and for the purposes of Article 49 of the Consumer Code and of the provisions of Italian Legislative Decree no. 70/2003 (“Electronic Commerce”).
1.6 The Products purchased on the Site are therefore invoiced by F.LLI PISA, e-mail address: ecommerce@pisa1940.com, identified as a “professional” pursuant to and for the purposes of Article 49 of the Consumer Code.
1.7 For the sale of the Second-hand Products F.LLI PISA has a license for the activity in the field of precious objects under Article 127 of Royal Decree no. 773 of June 18, 1931, issued by Questura di Milano, Commissariato di Pubblica Sicurezza “Centro” on July 1st, 2013 and is registered in the Register of Gold Buyers Operators (“Operatori Compro Oro”) pursuant to Article 3, paragraph 1, of Legislative Decree no. 92 of May 25, 2017 (ID 138282).
1.8 The languages available for the conclusion of contracts through the Site are Italian and English.
1.9 The Company invites each Customer to read carefully, before making any transaction on the Site, these General Conditions and, once the purchase procedure provided by the Site has been completed, to print them and keep a copy or save an electronic copy.
1.10 The Company may amend, at any time and without prior notice, the contents of the General Conditions herein. Any amendments shall be effective and applicable to the Customer from the date of their publication on the Site, as stated in the heading of the same General Conditions, and shall be applicable only to contractual proposals (i.e. orders) for purchase sent by the Customer after the date of publication.
2. REGISTRATION TO THE SITE
2.1 Browsing the Site is free of charge. The Customer may freely browse and interact on the Site without registering and creating a personal account.
2.2 For purchasing Products through the Site, pursuant to the following clauses, it is required to create a customer account, as below specified. Therefore, it is not possible to submit online purchase orders as a guest user or as a “guest” i.e. without the prior creation of the aforementioned account. For the purposes of these Conditions, the term “Customer” means, therefore, the “registered customer” within the meaning of the following provisions.
2.3 To register, completely free of charge, to the Site, the Customer shall fill in a specific registration form, entering the data requested therein, and complete the procedure by clicking on the “Register” button or similar, thus creating his/her own personal account (“Account”).
2.4 When creating the Account, the Customer will be required to confirm that he/she is of legal age on the date of registration or otherwise has the capacity under the law to validly enter into a purchase agreement through the Site. The Company does not make any preliminary inquiries as to the age of majority and legal capacity of the Customers, reserving the right, however, to ask the Customer to submit or send a valid identity document at a later date, except as specifically provided for Second-hand Products.
2.5 By registering on the Site, Customer agrees to provide true, accurate, up-to-date and complete information as required by the registration forms (“Registration Data”) and to maintain and promptly update the Registration Data to make it true, accurate, up-to-date and complete.
2.6 Customer shall (i) provide a password and email address, (ii) receive email confirmation of account creation upon completion of the registration process, and (iii) maintain the confidentiality of its registration credentials to the Site, agreeing, to the extent permitted by law, to be solely responsible for all activities conducted under such credentials.
To this end, the Customer agrees to keep the registration credentials (e-mail address and password) with extreme care and attention. Authentication credentials are strictly personal and cannot be disclosed to third parties. The Customer undertakes to keep them secret and to make sure that no third party has access to them and also undertakes to inform the Company immediately, by contacting it at the contact details indicated in this document or on the Site, in case of loss, theft, undue use of the authentication credentials to the Site.
3. PURCHASING PROCEDURE AND CONCLUSION OF CONTRACT
Products that may be purchased through the Site
3.1 The Customer may purchase the Products present in the electronic catalogs and detail pages of the Site, within the respective sections by product category, as described in the relevant information sheets contained in the Site and indicated as available for purchase, complying with the technical access procedures illustrated therein. It is understood that the dimensions and performance indicated in the information sheet are indicative values and that the picture accompanying the descriptive sheet of a Product may not be perfectly representative of its characteristics but differ in color, size, products, accessories present in the picture.
3.2 The Customer acknowledges and accepts that the assortment of Products that can be purchased through the Site is subject to change at any time and without notice and that, due to the possible simultaneous access to the Site by several users, as well as the time elapsing between the loading of the Site itself and the placing in the shopping cart, the actual availability of each Product may vary.
3.3 Finally, the Customer acknowledges and accepts that with the same Order (as defined below) it is possible to purchase only one unit of each Product.
Submission of the order by the Customer
3.4 The publication of the Products displayed on the Site constitutes an invitation addressed to the Customer to make a contractual proposal for purchase. The order sent by the Customer shall be regarded as a contractual proposal and implies full knowledge and full acceptance of these General Conditions.
3.5 To purchase on the Site, the Customer shall select and place the desired Products in the shopping cart, following the operating instructions provided on the Site. In the shopping cart, the Customer will find summarized the selected Product(s) and the relevant information sheet, price and shipping costs, where applicable.
3.6 Once the Customer has carefully checked the contents of the shopping cart, he/she shall accept these General Conditions and then click on the “Proceed to check-out” button (or similar wording): at that moment the purchase order will be forwarded to the Company (“Order”).
3.7 Except for the provisions regarding withdrawal set forth in Article 7 below, the Order cannot be modified or cancelled by the Customer subsequent to its submission through the Site, i.e., once the “Proceed with Purchase” button has been clicked. CUSTOMER IS INVITED TO CHECK CAREFULLY - before placing the Order - THAT THE PRODUCTS LISTED ON THE SHOPPING CART ARE ACTUALLY THE ONES REFERRED TO AND THAT ALL INFORMATION REQUESTED AND ENTERED IN THE ELECTRONIC FORMS AVAILABLE THEREIN, INCLUDING WITH REFERENCE TO THE INVOICE AND/OR SHIPPING INFORMATION, IS COMPLETE AND CORRECT.
3.8 Each Order and its update statuses may be viewed by Customer on the Site, in the Account or personal area, after the Order is placed.
Order confirmation - conclusion of the contract
3.9 The correct receipt of the Customer’s Order is confirmed by the Company by means of an automatic response sent to the e-mail address communicated by the Customer and confirms only the correct receipt of the Order within the information systems. Such confirmation message will indicate a “Order Number”, to be used in any subsequent communication with the Company. The message will reproduce, in addition to the information required by law and these General Conditions, all the data entered by the Customer who undertakes to verify their correctness and to promptly communicate any corrections, by contacting Customer Service.
3.10 Each purchase contract entered into between the Company and the Customer shall be deemed concluded upon acceptance of the Order by the Company. The Company’s acceptance of the Order will be communicated to the Customer by means of an e-mail message sent to the address provided by the Customer (“Order Confirmation”).
3.11 It should be noted that, in a logic of better protection of the Customer and to ensure a purchasing experience equal to that in boutique, if, even after sending the Order Confirmation, the Company should find inconsistencies with reference to one or more elements of the Order, including the Product(s) itself, it will promptly inform the Customer, by telephone and/or by email to the contact details communicated by the latter, inviting him/her to place, if still interested, a new Order, subject to full refund of the price whether already paid.
Second-hand Products: additional provisions
3.12 The provisions set forth in the preceding paragraphs shall also apply in full to Orders for one or more Second-hand Products, except as specified below.
3.13 In addition to the foregoing, upon placing an Order for one or more Second-hand Products, the Customer will be invited by F.LLI PISA to transmit - via email or through a different channel or instrument, if any - a copy of his/her own valid identity document. It should be noted that for Second-hand Products the transmission of a valid identity document and the verification of the Customer’s identity comply with precise requirements set forth by Italian Legislative Decree no. 231/2007.
3.14 In the light of the provisions of paragraph 3.12, it is clarified that, in compliance with current legal obligations and as a partial integration of the above provisions, the Order Confirmation will be transmitted and the purchase contract will be considered concluded only following the positive conclusion of the verification of the identity of the Customer, meaning the actual transmission of valid identity document and the receipt and verification of the same by the Company.
3.15 THE CUSTOMER IS REMINDED THAT, LACKING THE SUBMISSION OR IN ANY CASE OF NON-RECEIPT BY THE COMPANY OF A VALID IDENTITY DOCUMENT OF THE CUSTOMER, IT WILL NOT BE POSSIBLE TO PROCEED WITH THE ORDER CONCERNING SECOND-HALD PRODUCTS.
4. PRICE
4.1 The prices of individual Product shown on the Site are in Euros and, unless otherwise specified, include VAT to the extent of the law applicable at the time of the Order. The prices displayed on the Site are valid and in effect at the time the Order is placed and are highlighted in the shopping cart summary. Prices may be subject to change, which, however, may not in any event affect the prices for Products covered by Orders already placed with the Company.
4.2 Shipping charges, where applicable, are separately highlighted in the shopping cart.
4.3 Customer acknowledges and accepts the possibility that the Products on the Site have a manifestly incorrect price indication, taking into account that the Products are valuable items (e.g., Euro 10 instead of Euro 1,000). Therefore, where the actual price of a Product is lower than the price indicated on the Site, F.LLI PISA will re-credit the amounts paid by the Customer. Where, on the other hand, the actual price of a Product is higher than that indicated on the Site, F.LLI PISA may at its discretion contact the Customer for instructions, before sending the Product, or reject the order by giving due notice.
4.4 It is in any case understood that the Customer shall act in good faith and, therefore, taking into account the particular nature of the Products as well as their value, acknowledges that, in the presence of any manifest errors on the price of the Products, F.LLI PISA shall not be bound in any way to the relevant purchase orders.
5. PAYMENT
5.1 Customer may pay the price of the New Products by choosing from the following payment instruments: (i) credit card (Visa, Mastercard, Maestro, America express, Unionpay) or equivalent instruments such as PayPal, Amazon Pay, Apple Pay, Google Pay or (ii) bank transfer.
Payment by credit card or equivalent instruments
5.2 Payment by credit card is subject to validation check as well as authorization by the issuer concerned and, therefore, the relevant Order shall be deemed to be subject to the completion of the checks by the aforementioned entity and the obtaining of the required authorizations. F.LLI PISA shall not be liable in any way for any delays or non-deliveries where the card issuer should deny authorization for payment; in such case, the Customer necessary to contact the card issuer directly to verify how to proceed. Customer’s credit card shall be charged in full when the Order Confirmation is transmitted.
5.3 At no time during the purchase process, the Company is able to know the information relating to the Customer’s credit card, transmitted via secure connection directly to the website of the banking institution handling the transaction. No computer file of F.LLI PISA will retain such data. Under no circumstances, therefore, F.LLI PISA can be held liable for any fraudulent and undue use of credit cards by third parties, when paying for products purchased on the Site.
5.4 Finally, in cases of payment of the price by the Customer by credit card, F.LLI PISA cannot be held liable for the outcome of the transaction which depends exclusively on the third party company providing the online payment service and which, in any case, will be chosen from among the most well-known and reliable operators in the sector nationwide.
5.5 The Customer acknowledges that the submission of the purchase order and the payment of the price takes place through the use of electronic communication networks and services whose proper functioning does not depend on F.LLI PISA.
Payment by bank transfer
5.6 Where the Customer chooses to pay by bank transfer, the bank details where to make the same transfer will be provided to the Customer by email. In this case, the shipment shall be subject to the full receipt of payment by F.LLI PISA, which reserves the right to postpone or to cancel the purchase order, giving immediate written notice to the Customer, in the event that the latter should fail to make payment on time without a valid reason.
5.7 WITH RESPECT TO THE SECOND-HAND PRODUCTS AND IN ACCORDANCE WITH THE APPLICABLE LAW PROVISIONS, CUSTOMER MAY MAKE PAYMENT OF THE PRICE EXCLUSIVELY BY BANK TRANSFER, to be made from a current account in its own name and through a banking and financial intermediary based in Italy or in an EU country, to the current account specifically dedicated and as separately and appropriately reported during the completion of the purchase procedure or communicated by email by the Company. Bank transfers that do not comply with these characteristics shall not be accepted.
6. DELIVERY, OWNERSHIP AND RISKS
6.1 Following the conclusion of the purchase contract in accordance with the above, the Products will be delivered alternatively, depending on the choice made by the Customer during the purchase procedure, at the Flagship Store of F.LLI PISA in Via Pietro Verri n. 7, Milan (MI) or at the different shipping address indicated by the Customer, provided that it is in Italian territory, including islands.
6.2 Pursuant to the law, the delivery of the Products shall take place within the term 30 (thirty) days from the conclusion of the contract of sale in accordance with Article 3 above. More details on the shipment and the estimated date of delivery will be communicated via email by F.LLI PISA and will still be available for consultation by the Customer within its Account.
6.3 In the event that the Customer has chosen to pick up at the Flagship Store, the Customer will be notified by email when the purchased Products are ready to be picked up. The Customer agrees to pick up the Products within a reasonable time. If the Customer fails to pick up the Products within 30 days of the Company’s email notice, the Company will invite the Customer to contact the Company to arrange pickup timing. For the purposes of Articles 7 (Withdrawal) and 8 (Warranty) below, the Products shall be deemed to have been delivered to the Customer after the aforementioned 30-day period has elapsed from the Company’s notice of availability for pick up.
6.4 In case of delivery to the address of residence or domicile of the Customer communicated in the Order, F.LLI PISA will send the Customer a special e-mail to confirm the shipment of the purchase order to the address indicated by the Customer. The courier appointed by F.LLI PISA for the shipment will perform up to a maximum of 3 (three) delivery attempts. Once the delivery attempts have been exhausted without being able to deliver the Products due to causes attributable to the Customer (such as, for example, the Customer’s repeated absence), the courier in charge will return the Products to F.LLI PISA and it will be the Customer’s responsibility to contact F.LLI PISA’s Customer Service to schedule a new shipment or pickup at the Flagship Store.
6.5 The Company shall not be liable for any delays in the delivery of the Products to the Flagship Store or by courier that are due to the Customer’s fault.
6.6 The Customer will in any case be able to verify when its Order will be shipped by accessing its Account and, where provided by the courier, keep track of the progress and delivery status by accessing the link provided in the shipment confirmation email sent by F.LLI PISA.
6.7 The pick-up of the Products, whether made at the Flagship Store or by courier, must be made in person by the Customer. In the case of pick-up at the Flagship Store, the Company, for the best protection of the Customer itself, reserves the right to request the production of a valid identity document.
6.8 If the pick-up of the Products cannot be made in person by the Customer, the latter must inform the Customer Service of F.LLI PISA - at the number 02 76208349 (which will be charged according to the Customer’s tariff plan) - e-mail: ecommerce@pisa1940.com, or at the various addresses that may be communicated or made available by the Company also in dedicated pages of the Site - which will send the Customer a proxy form to be used in all cases of impossibility of a pick-up in person and to be exhibited in original at the time of the pick-up, duly signed by both the Customer and the proxy and accompanied by the relevant attachments, where applicable.
6.9 If an Order is for more than one Product, the Company, where possible and consistent with its internal policies and procedures, may - but without making a specific commitment to do so - make a single cumulative delivery when all the Products purchased are ready for shipment.
6.10 Any variations to the (estimated) delivery times as stated in the Order Confirmation or in the e-mail regarding the shipment, for whatever reason, will be immediately communicated to the Customer. Should the delivery not take place within the term of 30 (thirty) days from the date of conclusion of the contract, the Customer is entitled to invite F.LLI PISA to make the delivery within an additional term appropriate to the circumstances, in compliance with the provisions of Article 61 of the Consumer Code. In the event that the delivery is not carried out even within such additional period, the Customer may terminate the contract of sale and, therefore, cancel the Order, communicating such intention by message to be sent to the address ecommerce@pisa1940.com. In this case, F.LLI PISA, upon receipt of the aforesaid communication and the legal prerequisites having been met, will re-credit the final price relating to the purchase order to the Customer without undue delay, using the same means of payment you used for the initial transaction.
6.11 Risks, such as those associated with loss of or damage to the Products, will be transferred to the Customer upon delivery of the Products as described above.
6.12 Upon delivery of the purchased Product, the Customer shall check:
- that the number of packages being delivered corresponds to the number indicated in the transport document anticipated by e-mail;
- that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials (adhesive tape or metal strapping).
6.13 Any damage to the packaging (such as, but not limited to, packaging that has been opened, damaged, torn, or shows signs of impact or beating, etc.) and / or the Product or the mismatch in the number of packages or indications, must be immediately contested by the Customer, by placing WRITTEN RESERVE OF CONTROL (SPECIFYING THE REASON FOR THE RESERVE, e.g. “punctured packaging”, “crushed packaging”, etc.) on the courier’s proof of delivery and transmitting to the e-mail address ecommerce@pisa1940.com the photographic documentation to give evidence of the damage occurred before the delivery of the good itself. Once the courier’s document has been signed, the Customer will not be able to make any objection regarding the external characteristics of what has been delivered.
6.14 Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported, in the manner set forth in the following articles.
7. WITHDRAWAL
7.1 The Customer may exercise the right of withdrawal in accordance with Articles 52 et seq. of the Consumer Code, without the need to indicate the reasons and without any cost to him/her, within 14 (fourteen) days from the delivery of the Products by filling in the appropriate form present within his/her Account under the heading “I changed my mind”. Alternatively, the Customer may send an email to the address ecommerce@pisa1940.com indicating their wish to avail themselves of the right of withdrawal referred to in this clause. In either case, the Customer may be asked to indicate the Order number for which he/she wishes to exercise the right of withdrawal.
7.2 Once the procedure has been completed, F.LLI PISA will send the Customer an e-mail confirming the regular receipt of the withdrawal request, also informing the Customer of the instructions on how to return the Products, assigning a unique code to be used for the return of the Product(s).
7.3 The Products subject to withdrawal will be collected, at F.LLI PISA’s expense, by the courier specially appointed by the latter at the delivery address originally indicated by the Client, unless otherwise expressly indicated by the Client via email. The Customer undertakes to act in good faith in order to provide the necessary cooperation for the purpose of scheduling the collection and to return the Products in the same condition that the same had at the time of delivery.
7.4 The Product subject to withdrawal must be returned undamaged, unused, unwashed or otherwise altered, complete with all its parts and in its original packaging (including original packaging and boxes, and any ancillary material, such as, without limitation, dustbags). To limit damage to the original package, it is recommended that it be placed in a second box, on which to affix the label provided by the Company bearing the return authorization code; the affixing of labels or adhesive tapes directly on the original Product packaging should be avoided in all cases.
7.5 In accordance with the provisions of Article 57, paragraph 2, Consumer Code, the Customer shall be liable for any decrease in the value of the Products resulting from handling the same other than what is necessary to establish the nature, characteristics and operation of the Products themselves. F.LLI PISA reserves the right to verify the state of the returned Products through laboratory analysis and, at the outcome of these, to notify the Customer via email to the email address provided by the latter, any reduction in the value of the returned Products attributable to the Customer, as due to handling in excess of that described in the preceding paragraph.
7.6 Without prejudice to the provisions of paragraph 7.5 above, within the term of 14 (fourteen) days following the exercise of the right of withdrawal in accordance with the above provisions, F.LLI PISA will reimburse the Customer the price paid for the Products for which the withdrawal is exercised with the same payment instrument used to pay the price in accordance with the previous Article 4 of these General Conditions, unless otherwise expressly indicated by the Customer.
7.7 THE RIGHT OF WITHDRAWAL GOVERNED BY THIS ARTICLE SHALL NOT APPLY IN THE CASES INDICATED IN ARTICLE 59 OF THE CONSUMER CODE AND, THEREFORE, WITH RESPECT TO THOSE PRODUCTS THAT HAVE BEEN CUSTOM PACKAGED OR CUSTOMIZED OR THAT ARE SEALED AND THAT ARE NOT INTENDED TO BE RETURNED FOR HYGIENE OR HEALTH PROTECTION REASONS IF OPENED AFTER DELIVERY (by way of example only, earrings).
8. WARRANTY
8.1 All New Products sold through the Site are covered by the manufacturer’s warranty and, in each case, by the warranty for lack of conformity, pursuant to the Consumer Code, as provided below. The manufacturer’s warranty is provided in the manner set forth in the documentation inside the Product packaging.
8.2 F.LLI PISA shall be liable to the Customer for up to 2 (two) years from delivery of the New Products, pursuant to Articles 129 et seq. of the Consumer Code, for any defects of conformity of such products existing at the time of delivery, provided that the Product itself is used correctly, in accordance with its intended use and as provided in the attached documentation. Excluded from the scope of this conformity warranty are failures or malfunctions or defects caused by accidental facts or by the Customer’s responsibility or by use of the Products not in accordance with its intended use or with what is provided for in the use sheets or documents attached to such Products.
8.3 An action to enforce any defects in New Products shall expire 26 (twenty-six) months after the delivery.
8.4 In the event of an ascertained defect in conformity, the Customer shall have the right to restore, without charge, the conformity of the Product by repair or replacement, unless the remedy sought is objectively impossible or excessively onerous compared to the other. The remedy shall be considered excessively onerous when it requires F.LLI PISA to incur unreasonable expenses compared to the alternatives, taking into account the value that the Product would have if there were no ascertained conformity defect, the extent of such defect, the possibility that the remedy can be carried out without significant inconvenience to the Customer. In such cases, the Customer acknowledges and accepts that F.LLI PISA may refuse to make the Products conform. When it is not possible to proceed with the remedies provided for in the preceding periods or in the other cases provided for in Article 135-bis of the Consumer Code, the Customer may request, at its option, an appropriate price reduction or termination of the contract.
8.5 If, following inspection, including laboratory testing, by the Company, the defect reported by the Customer does not result as a lack of conformity pursuant to the Consumer Code, the Customer will be charged for any costs of verification and restoration, where applicable, as well as the costs of transport if incurred by the Company.
8.6 With reference to the Second-hand Products, the Customer acknowledges and accepts that, taking into account the particular nature of the same consequent to their “used” nature, some of them may lack the objective requirements of conformity in accordance with the provisions of Article 129, paragraph 3, Consumer Code. In said cases, F.LLI PISA will notify the Customer of this circumstance during the purchase phase and, subject to the express and separate acceptance by the Customer of the possible lack of the objective requirements of conformity of the Second-hand Products, the discipline of the warranty for conformity provided by the Consumer Code will be excluded.
8.7 Without prejudice to the foregoing, for the Second-hand Products F.LLI PISA shall be liable to the Customer up to 1 (one) year from the relevant delivery, pursuant to Articles 129 et seq. of the Consumer Code, for any defects of conformity of such products existing at the time of delivery and the action directed to assert any defects of Second-hand Products shall expire 1 (one) year after the delivery.
8.8 The request for return for lack of conformity in accordance with this article must be forwarded to the Company through the form on the “Contact Us” page by selecting the corresponding item from the drop-down menu therein or by writing to the address ecommerce@pisa1940.com indicating the willingness to avail of this clause. It will be the responsibility of the Company to inform the Customer of the procedure to be observed for the purpose of returning the Products to which the Customer must scrupulously comply.
9. LIABILITY
9.1 F.LLI PISA shall be liable for the proper performance of its obligations under the contracts of sale governed by these Conditions. It is understood, however, that no responsibility may ever be imputed to F.LLI PISA for damages caused to the Customer and caused by actions, omissions or errors attributable to the Customer itself, by force majeure events or by third parties not related to F.LLI PISA for the purposes set forth in the purchase contract.
9.2 F.LLI PISA shall not be liable in any way for any direct or indirect damages generated by an interruption, malfunctioning, of any nature and for any cause, or even for any direct or indirect damages resulting, in any way, from a connection to the Site. It is the Customer’s undertaking to take all appropriate security measures to protect its data and/or software stored in the computer equipment from any attack. The Customer’s connection to the Site falls under its sole responsibility.
10. GENERAL PROVISIONS
10.1 The Customer may not transfer, assign or otherwise dispose of the right to delivery of the Products ordered, without the prior written consent of F.LLI PISA.
10.2 If any provision of these General Conditions is deemed unlawful or invalid, the other provisions shall remain valid and enforceable.
10.3 F.LLI PISA’s contact addresses for the purposes of these Conditions are: Via Montenapoleone 9, 20121 Milano, Telephone 02 76208349 (which will be charged according to the Customer’s tariff plan), email ecommerce@pisa1940.com.
10.4 The Customer shall store, keep and archive both an electronic and hard copy of these Conditions and other documents referred to by them as they form an integral part of the contract of sale entered into in accordance with these Conditions.
10.5 F.LLI PISA shall not be liable for any delay or default caused by force majeure and in any case for events beyond the reasonable sphere of control of F.LLI PISA.
10.6 Failure by F.LLI PISA to exercise rights or remedies placed in its favor on the basis of the provisions of these General Conditions, or failure to remind the Customer of the fulfillment of the provisions imposed on it by these Conditions, shall in no way be considered as a waiver of such rights or remedies and shall not release the Customer from its obligations under these General Conditions. Any waiver by F.LLI PISA as a result of a default by the Customer shall not be considered as a subsequent waiver as a result of subsequent defaults by the Customer. The foregoing shall be without prejudice to what has been expressly established and communicated to the Customer in writing in accordance with the provisions of these Conditions.
10.7 These Conditions and each document expressly referred to in them constitute the only valid agreement between the Customer and F.LLI PISA in relation to the purchase of Products through the Site and supersede any other agreement made either in writing or orally.
11. COMMUNICATIONS AND CLAIMS
11.1 All communications or claims, if any, by the Customer against the Company in relation to contracts for the purchase of Products concluded through the Site must be addressed to the Customer Service at the e-mail address ecommerce@pisa1940.com or forwarded through the form on the web page of the Site “Contact Us”, taking care to select the corresponding item from the drop-down menu therein and following the instructions that may also be subsequently communicated by the Company reported.
12. PROCESSING OF PERSONAL DATA - REFERRAL
12.1 The Customer’s personal data will be processed in accordance with the terms and methods better described in the information notice provided by the Company pursuant to Article 13 of the EU Regulation 2016/679, General Data Protection Regulation, and accepted by the Customer when creating the Account, to which reference is made in its entirety.
12.2 The above information can be found at the following link https://www.pisa1940.com/pages/informativa-sul-trattamento-dei-dati-personali-ecommerce.
13. APPLICABLE LAW AND JURISDICTION
13.1 These General Conditions are governed by Italian law and in particular by the provisions of the Consumer Code.
13.2 Disputes with Customers in any way linked to or arising from these Conditions and/or from a purchase contract concluded pursuant to these Conditions shall be settled by the Judicial Authority of the place of residence or domicile of the Customer.
14. ODR AND ALTERNATIVE DISPUTE RESOLUTION
14.1 Pursuant to Article 14 of the EU Regulation 524/2013 the Customer is informed that in the event of a dispute he/she may file a complaint by means of the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/.
14.2 The ODR platform constitutes an access point for users who wish to resolve disputes arising from contracts of sale or online services out of court.
14.3 For more information fill out the electronic form at the present on the Contact page.
15. CHANGES TO GENERAL CONDITIONS
15.1 The Company reserves the right to change the Site, any applicable policies and these Conditions at any time. The Customer shall be subject to the policies and terms of the General Conditions from time to time applicable and in force at the moment in which the Customer place an order of products on this Site, unless otherwise provided by law.
Version no. 1.0 - January 2024
