Terms and conditions of sale

1 – Seller’s details

The products available on this website are sold by:

Pelizzari Pier Claudio
Via Salvella 11, Rovato (BS), 25038, Italy
VAT No. 00364410985
Economic and Administrative Index No. BS – 280907
Telephone +39 030 7706405
E-mail pelizzari_claudio@libero.it

2 – General provisions

The general terms and conditions (hereinafter referred to as “T&Cs”) are valid for any contract concluded through the website www.fioripelizzari.com between Pelizzari Pier Claudio Via Salvella 11, Rovato (BS), 25038, Italy VAT No. 00364410985 and customers as consumers. A consumer is any natural person who concludes a contract for purposes which are outside his or her trade, business or profession.

3 – Acceptance of the T&Cs

By placing an order, the customer acknowledges and accepts these T&Cs. The inclusion of general terms and conditions or special conditions by the customer that deviate from these terms will be considered automatically rejected, unless they are explicitly accepted by Pelizzari Pier Claudio Via Salvella 11, Rovato (BS), 25038, Italy, VAT No. 00364410985, via an express declaration.

4 – Applicable law

The parties agree to the application of Italian law.

5 – Contract language

The language available for the conclusion of contract is Italian.

6 – Conclusion of contract

The presentation of products on the site does not constitute an offer to the public but merely a proposal to the customer. The offer is made by the customer at the time the customer places the order. The acceptance of the order and the actual conclusion of the contract takes place when the seller sends an e-mail confirming the order. This confirmation e-mail will conclude the purchase contract. In the product overview of the online shop www.fioripelizzari.com, the customer can select the product(s) to be displayed. The page of the chosen product(s) will then open and it will be possible to indicate one’s preferences among the proposed options, such as colour, size, etc. The product images are indicative only, as each composition is unique and customisable. By clicking on the “Add to basket” button, the product(s) selected during the visit to the online shop will be temporarily stored. By clicking on the “Checkout” button next to the selected product list, the order process will be continued. On the next page, the customer will be asked to register with the online shop with their login data, if they have a registered account, or to create a new account. After registering, the customer must accept the general terms and conditions of sale, and can then proceed to confirm the order by indicating the delivery details and selecting the municipality where the order is to be delivered from the “delivery method”. The indicated fee will be added to the total price of the order. It is not possible to request delivery of products from the same order to different addresses. The user must therefore place an order for each delivery. The customer has the option of selecting the recipient and place of delivery, the date and time slot, or to opt for in-store collection. It will be possible to add a card to be attached and also additional notes. The card must be signed, otherwise it will be considered an anonymous card. Lastly, the order can be paid for. If the customer selects external payment services, e.g. Satispay, a redirect is made to the website of the respective payment service provider. The order data is summarised in an “order summary” before the order is released. The customer is free to check the data contained in the order summary and, if necessary, correct it before concluding the order by clicking on “Send and Pay”, thereby transmitting the data to the seller. By clicking on the “Send and Pay” button, the customer submits a binding offer for the products selected. Once the order has been placed, the seller sends an e-mail to the e-mail address provided by the customer confirming receipt of the order and summarising its contents (“order confirmation”). In the event that the seller refuses to conclude the contract, the customer shall be promptly informed via e-mail. The contract shall take effect from the time of conclusion as described above and shall end with the delivery of the goods sold.

7 – Archival of the contract

The contractual text meaning the customer’s data relating to the order process is stored by the seller and can be viewed by the customer under the link “My Account” and/or “My Orders”. Irrespective of data storage, the seller sends the order confirmation and these T&Cs to the e-mail address provided by the customer.

8 – Payments

Payment can be made in the following ways:

  • Credit card: enter your card details as required. The payment provider is Stripe Payments Europe, Ltd.
  • Through a Bank Transfer to the following coordinates:

Beneficiary: Pelizzari Pier Claudio, Banca Intesa San Paolo, Agenzia di Rovato (BS)

Reason for payment: Shopping online – order number

IBAN: IT66H0306955140000007911163

  • Satispay: open the link shown

The order will only be processed after payment has been received.

9 – Products

The products on www.fioripelizzari.com are compositions that are made in our shop in Via Salvella 11, Rovato (BS), 25038, Italy. Each product is unique and customised to the user’s preferences. Please note that product images are solely indicative.

10 – Prices

Prices shown include VAT. Delivery charges, indicated in the “checkout” section under “shipping methods”, will be added to the indicated price.

11 – Terms of delivery and in-store collection

Deliveries:

We will deliver your order personally.

Once the user has selected the items to be purchased, he or she must choose the delivery date and time slot in which the order will be delivered. Non è quindi possibile selezionare un orario specifico all’interna della fascia oraria. From Monday to Saturday there are two time slots available, the first from 10am to 1.30pm, the second from 3pm to 6.30pm; on Sundays only one time slot is available, from 10am to 1.30pm.

The delivery service for online purchases is provided to the following municipalities:

  • Rovato (Bs), Coccaglio (Bs). The service charge is €3.00.
  • Castrezzato (Bs), Cazzago San Martino (Bs), Cologne (Bs). The service charge is 5.00.
  • Chiari (Bs), Erbusco (Bs), Ospitaletto (Bs). The service charge is of €6.00.
  • Adro (Bs), Berlingo (Bs), Castegnato (Bs), Castelcovati (Bs), Corte Franca (Bs), Lograto (Bs), Travagliato (Bs), Trenzano (Bs). The service charge is of € 9.00.
  • Paderno Franciacorta (Bs), Palazzolo s/O (Bs), Passirano (Bs), Provaglio di Iseo (Bs), Rodengo Saiano (Bs). The service charge is of €12.00.

It is however possible to request delivery for municipalities not mentioned in the above paragraphs by writing an email to info@fioripelizzari.it or by calling +39 030 7706405. You will then be informed of the price for delivery to the desired municipality.

For same-day deliveries, please contact us by phone at the following number: +39 030 7706405, or by email at info@fioripelizzari.it.

In this way we can best advise you according to our day-to-day availability.

If at the time of delivery we do not find the recipient or a partner, we will notify you of the issue.

If the customer has provided the telephone contact of the recipient in the delivery details, we will try to contact them to arrange a new delivery time.

ATTENTION – WRONG DELIVERY ADDRESS:

If the delivery address provided is incomplete or incorrect, we shall not be liable for any failure to deliver at the arranged time. It is still possible to change the address by contacting us by email at info@fioripelizzari.it or by phone at +39 030 7706405.

In-store pick up:

The ” in-store pick up ” option allows the user to place the order online and then personally collect the ordered products from our shop in via Salvella 11, Rovato (BS), 25038, Italy.

In case of emergency please contact us at the following phone number: +39 030 7706405

12 – Order confirmation

Once the purchase process has been completed (see point 6), the user will receive an a confirmation email acknowledging the receipt of the order and determining the conclusion of the contract, in which the following are summarised: the general and special conditions applicable to the contract, information on the essential characteristics of the good or service, a detailed indication of the price, the means of payment, the absence of the right of withdrawal, delivery costs and applicable taxes. The order shall be deemed confirmed if the user receives no further notification from the seller. For example, if the municipality indicated in the shipment details does not correspond to the municipality selected in the shipping method, we will contact the user to notify them and to verify which of the two municipalities is the correct one. In addition, if the rates of the two municipalities are different, we will update the order by refunding any fees not owed by the user or by requesting a top-up equal to the difference between the two rates.

13 – Changes to the order

Request to change an order can be sent to the following email address: info@fioripelizzari.it.

The request to change the order must be sent no later than 24 hours before the earliest time indicated in the selected delivery time slot.

Certain changes, such as changing the municipality where delivery takes place, may lead to an increase in the total price of the order. As a result, a supplement payment request will be sent to the user. The order will be withheld until the additional amount has been received.

14 – Order cancellation

To cancel the order, the user must write an e-mail to info@fioripelizzari.itstating the order number. The cancellation of the order must take place within 48 hours before the earliest time indicated in the selected delivery time slot. Only in such a case is the user guaranteed a refund of the amount paid.

15 – Right of withdrawal

There is no right of withdrawal in favour of the customer since the products sold are unique goods made to measure and clearly customised at the express request of the customer, as well as subject to rapid deterioration.

16 – Defect liability, proof of damage and refundable damages

Pursuant to Articles 114 et seq. of the Consumer Code, the seller is liable for the damage caused by defects in the goods sold if he fails to inform the damaged party, within a period of 3 months from the request, of the identity and address of the producer or the person who supplied them with the goods.

The claim made by the damaged party must be submitted in writing and must indicate the damaged product, the place and date of purchase; it must also contain the viewing proposal of the product, if it still exists.

The seller may not be held liable for the consequences of a defective product if the defect is due to the product’s compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation did not yet allow the product to be considered defective.

No compensation shall be due if the aggrieved party was aware of the defect in the product and of the danger arising therefrom and nevertheless voluntarily exposed themselves to it.

In all cases the aggrieved party must prove the defect, the damage, and the causal connection between the defect and the damage.

The aggrieved party may claim damages for death or personal injury or for destruction or deterioration of a good other than the defective product, provided that it is of a kind normally intended for private use or consumption and so primarily used by the aggrieved party.

The damage to property referred to in Article 123 of the Consumer Code shall, however, only be reimbursable to the extent that it exceeds the sum of three hundred and eighty-seven euros.

18 – Guarantee

The seller, pursuant to Art. 128 of the Consumer Code, shall be liable for any lack of conformity existing at the time of delivery of the goods.

For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances exist: (a) they are fit for the purpose for which goods of the same type are normally used; (b) they conform to the description given by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; (c) they present the quality and performance which are customary in goods of the same type and which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, any public statements on the specific characteristics of the goods made about them by the seller, the producer or his agent or representative, particularly in advertising or on labelling; (d) they are also fit for the particular purpose intended by the consumer and brought to the knowledge of the seller by the consumer at the time of the conclusion of the contract and accepted by the seller, even by implication.

The buyer forfeits all rights if he does not notify the seller of the lack of conformity within a period of 2 months from the date on which the defect was discovered. The complaint need not be made if the seller has acknowledged the existence of the defect or concealed it.

In any event, unless there is proof to the contrary, defects of conformity which become apparent within six months after delivery of the goods are presumed to have existed on that date, unless such a presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

In the event of a lack of conformity, the purchaser may, alternatively and free of charge, claim under the conditions set out in Art. 130 of the Consumer Code, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of the present contract, unless the request is objectively impossible to fulfil or is excessively onerous for the supplier pursuant to Article 130 of the Consumer Code. Article 130(4) of the Consumer Code.

19 – Customer declaration and responsibility

The conditions contained in this contract have been reviewed and accepted by the customer. The customer expressly declares that they are making the purchase for purposes unrelated to any commercial or professional activity carried out. The customer declares that they have read the technical and functional characteristics of the goods to be supplied. The customer undertakes to pay the price of the goods at the time and place specified in the contract.

20 – Data processing

The parties declare that they are informed of and give their mutual consent to the processing of their respective data in accordance with Legislative Decree no. 196/2003 (Privacy Code), European Regulation no. 679/2016 (GDPR) and its implementing ministerial decrees. The seller informs the customer that each order sent is stored in digital form on its servers according to confidentiality and security criteria. For all information on how data is processed, the user can consult the page at the following link “privacy policy”.

21 – Marketing activities

The user will be asked for permission to use his or her mailbox for marketing purposes, such as sending promotions.

You can request at any time, by sending an email to info@fioripelizzari.it, that their email address not be used for these purposes.

22 – Final dispositions

This contract complies with the provisions on the sale of consumer goods set out in Legislative Decree no. 206/2005 and subsequent amendments, extinguishes and replaces any previous agreement between the parties having a similar object. Any amendments to this contract shall only take effect if confirmed in writing. The term ‘online sales contract’ means a contract of sale of the seller’s tangible movable property concluded between the seller and the customer in the context of a distance selling system using telematic means organised by the seller. For matters not governed by this agreement, reference is made to the provisions of the Civil Code governing the sale of movable property.

23 – Purchase of products for professional or business activity

For Customers who purchase the products offered for sale on the website for purposes related to their professional activity (purchases for Entrepreneurial or Professional activity – sales with invoice and VAT number): – the legal warranty for defects does not apply in favour of the purchaser; – the regulations set out in Legislative Decree 6 September 2005, no. 206 of 6 September 2005 (“Consumer Code”) do not apply

24 – Exclusive forum

All disputes relating to the application, execution, interpretation and breach of the Contract shall fall under the jurisdiction of the Court in which the “consumer” purchaser has his residence or domicile, if located in the territory of the Italian State, or the Court of Brescia, if the purchaser is not a consumer or has their residence or domicile abroad.

25 – After-sales service contacts

Email: info@fioripelizzari.it

Telephone: +39 030 7706405

Monday to Saturday 9am to 12am and 3.30pm to 6.30pm

Via Salvella 11, Rovato (BS), 25038, Italy

26 – Contacts for complaints

Email: info@fioripelizzari.it

Telephone: +39 030 7706405

From Monday to Saturday 9am-12pm and 3.30pm-6.30pm

Via Salvella 11, Rovato (BS), 25038, Italy

 

The following clauses are specifically approved in writing pursuant to Articles 1341 and 1342 of the Civil Code: 24 – Exclusive jurisdiction