Terms and Conditions – Pellegrino Brothers

GENERAL TERMS AND CONDITIONS OF SALE

The following General Terms and Conditions of Sale govern the sale of products on our website (“pellegrinobrothers.it”).

The products purchased on pellegrinobrothers.it are sold directly by PELLEGRINO BROTHERS SRL (the “Vendor”), with registered office in Italy at Via degli Acaya 2, Lecce 73100, VAT number 04934670755.

Requests for information should be made to amministrazione@pellegrinobrothers.it.

For any other legal information, please visit the following sections: General Terms and Conditions of Use, Privacy Policy and Return Policy.

1. Our Business Policy

1.1 – The Vendor offers products for sale on pellegrinobrothers.it and its e-commerce business services are available exclusively to its adult end users, i.e. “consumers”.

1.2 – “Consumer” means any individual who is acting for purposes outside of his or her trade, business or profession. If you are not a “consumer”, please do not buy any products on pellegrinobrothers.it.

1.3 – The Vendor reserves the right not to accept purchase order proposals received from users who are not “consumers”, and any other order proposal that does not comply with its business policy, such as order proposals for which there are reports or suspicion of fraudulent or illegal activity. In such cases, the Vendor will inform the user that the order proposal has not been accepted.
The order proposals transmitted to the Vendor and the returns made by the users must also match with normal consumer needs. The Vendor monitors the number of order proposals and returns.

1.4 – These General Terms and Conditions of Sale exclusively regulate the transmission by the users of pellegrinobrothers.it and the acceptance by the Vendor of order proposals relating to products on pellegrinobrothers.it.

1.5 – The General Terms and Conditions of Sale do not apply to the provision of services or the sale of products by third parties that are present on pellegrinobrothers.it via links, banners or other hypertext connections. Before sending orders and purchasing products and services from third parties, we recommend that you verify their terms and conditions. Under no circumstances shall the Vendor be deemed liable for the supply of third party services or for the execution of e-commerce transactions between users of pellegrinobrothers.it and third parties.

2. How to execute a sale contract with the Vendor pursuant to Italian Legislative Decree no. 70 of 9 April 2003

2.1 – To execute a contract of sale for one or more products on pellegrinobrothers.it, you must fill out the online purchase order proposal form and send it electronically to the Vendor, following the relevant instructions.

2.2 – Before sending your order proposals, we ask that you carefully read the General Terms and Conditions of Sale and the Return Policy, print a copy using the print option and keep it safe for your own personal use. In accordance with article 51, section 7 of Italian legislative decree no. 206 of 6 September 2005 (the “Consumer Code”), before sending your order proposal to the Vendor, we will provide you with a summary of the commercial and contractual conditions that will apply to your order proposal, a summary of the main characteristics of each product ordered and its unit price (including all applicable fees and taxes), the type of payment you may use to purchase each product, shipping methods for the purchased products, shipping and delivery costs, the Vendor’s information, address and how to contact the Vendor, and the timeframe within which the Vendor ship the product. If relevant, you will also be informed of whether you will have to bear the cost of returning the products.

2.3 – On the confirmation page of the receipt of the order proposal, we will provide you with a summary of the main characteristics of each product indicated in the order proposal, the price (including all applicable fees and taxes), and the cost of shipping.

2.4 – Your order proposal is an irrevocable offer to buy the products.

2.5 – The contract shall be deemed concluded when the Vendor accepts your order proposal. The Vendor will send you an email confirming the acceptance of the order proposal and the dispatch of the products.

2.6 – The order proposal form sent to the Vendor will be filed in our database for the time required to process it and as stated by law.

2.7 – English is the language used for finalising the contract with the Vendor.

2.8 – The Vendor may not accept order proposals that do not provide sufficient guarantees of solvency, are incomplete or incorrect, or if the products are no longer available.
In this event, we shall inform you via e-mail that the contract has not been executed and that the Vendor has not accepted your purchase order proposal, specifying the reasons thereof. If the products displayed on pellegrinobrothers.it are no longer available or for sale at the time your order proposal is received or fulfilled, then the Vendor shall inform you of the unavailability of the products you wish to purchase within thirty (30) days from the day after you submitted your order proposal to the Vendor. If you have already paid for the products, the Vendor will refund the amount paid without undue delay and the contract between the parties will be deemed terminated.
The Vendor reserves the right not to accept order proposals in the cases outlined in sub-section 1.3.

2.9 – By submitting an order proposal form, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with the Vendor. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order proposal form for the purchase of products on pellegrinobrothers.it.

2.10 – By submitting an order proposal form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on pellegrinobrothers.it, including those accessed via links, and including the General Terms and Conditions of Use, Privacy Policy and the Return Policy.

3. Information, guarantees and product price indication

3.1 – The website pellegrinobrothers.it exclusively sells products purchased directly from manufacturers and dealers, carefully selected.

3.2 – The main characteristics of the products are shown on each product page on pellegrinobrothers.it. The images and colours of the products displayed on pellegrinobrothers.it may not correspond exactly to the true garments due to the Internet browser or monitor used.

3.3 – Prices are subject to change. Please check the final price before sending your order proposal form.

3.4 – Goods for sale on the site may have limited quantities or may be available for a limited time. Clients shall always check for availability next to each Product.

3.5 – All products sold by the Vendor are covered by a twenty-four (24) month guarantee for lack of conformity, as provided by the applicable law. You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. Please contact our Customer Care. In case of lack of conformity, you may choose between the repair or replacement of the product. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.

4. Payment

4.1 – Payment of the price of the products and the costs of their shipping and delivery must be made using one of the methods indicated on the order proposal form.

4.2 – In the case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent via an encrypted protocol to Banca Intesa San Paolo, Paypal or to other banks which provide remote electronic payment services, without third parties having any access whatsoever thereto. These details will not be used by the Vendor except for carrying out procedures relevant to your purchase, or issuing refunds in the case of returns, subsequent to the exercise of your right to return, or for reporting cases of fraud on pellegrinobrothers.it to the police. The price for the purchase of products and the costs for their shipping and delivery as indicated on the order proposal form will be charged to your account at the moment in which the purchased products are shipped.

5. Customer Care & Complaints

5.1 – If you have any questions or complaints, please contact us at the following email address: amministrazione@pellegrinobrothers.it.

5.2 – If Customer Care are unable to resolve your complaint to your satisfaction, you may refer your complaint to www.ec.europa.eu/consumers/odr.

6. Return Policy

6.1 – In accordance with article 52 of Italian legislative decree no. 206 of 6 September 2005 (“Consumer Code”), you have the right to withdraw from the sale contract with PELLEGRINO BROTHERS SRL (the “Vendor”) for any reason and without incurring any penalty within fourteen (14) days from the date on which you received the products purchased from pellegrinobrothers.it.
You can exercise your right to return by sending us the return form by email to amministrazione@pellegrinobrothers.it.
In accordance with article 57 of the Consumer Code, once you have exercised your right to withdraw from the sale contract, the products to be returned must be handed over to the courier within fourteen (14) days of the date you notified the Vendor of your decision to withdraw.

6.2 – The right to withdraw from the sale contract shall be deemed correctly exercised if the following conditions have been fully met:
a. The right to withdraw has been correctly exercised within fourteen (14) days of receiving the products following the procedures set out above
b. The products have not been used, worn or washed;
c. The products are returned with their original packaging (if you want to return a kit, it must include all of its components);
d. The products are handed over to the courier within fourteen (14) days of the date you notified the Vendor of your decision to withdraw from the sale contract
e. The products are not damaged
If you have complied with the relevant conditions, the Vendor will, in accordance with art. 56 of the Consumer Code, fully reimburse the price of the products purchased. The only expenses borne by you will be those for returning the products, unless the Vendor expressly exempted you from those expenses when you made your purchase, and under the condition that you use the courier and shipping methods indicated below in section 2.

6.3 – You will be notified if the returned products cannot be accepted because they are not compliant with the conditions indicated in the previous section or art. 59 or the Consumer Code and you can choose, at your own expense, to have the products returned to you. If you refuse said delivery, the Vendor reserves the right to retain the products and the amount paid for the purchase of the products.

6.4 – Notwithstanding legal rules protecting consumers, if you are returning a product because of an error on our part or because it is damaged or defective, you shall notify PELLEGRINO BROTHERS within thirty (30) days of receipt. You must return the products in the same condition in which you received them.
PELLEGRINO BROTHERS will examine all products returned as damaged or defective and will notify you of your refund via e-mail within a reasonable period of time. Subject to acceptance by PELLEGRINO BROTHERS of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to PELLEGRINO BROTHERS. In the event that PELLEGRINO BROTHERS find no fault with the returned products, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you. If you do not accept re-delivery PELLEGRINO BROTHERS reserves the right to retain the products and the purchase price and recover PELLEGRINO BROTHERS ‘s fees and expenses.

7. Refund times and procedures

7.1 – Regardless of the payment method used, the full or partial refund will be processed by the Vendor as quickly as possible and, in any case, within thirty (30) days of the date the Vendor was notified of your decision to withdraw, once full compliance with the return procedures and the returned products have both been verified.

7.2 – The Vendor will refund you by bank transfer. If the recipient of the products indicated in the order proposal form is different from the individual who made the payment for such products, and if the right to withdraw from the sale contract is then exercised, the refund will be made by the Vendor to the individual who made the payment.

8. Privacy Policy

8.1 – You will find information on how we process your personal data in our Privacy Policy.

9. Governing law and dispute resolution

9.1 – Without prejudice to the application of the mandatory consumer protection provisions, the General Terms and Conditions of Sale are governed by Italian law and in particular by the Italian Consumer Code and by Italian legislative decree no. 70 of 9 April 2003 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market”).

9.2 – For any disputes arising from purchases and/or these General Terms and Conditions of Sale, the competent court shall be that of the consumer’s place of domicile or residence in accordance with applicable law or, at the consumer’s request, the Court of Lecce.

10. Personal Data Processing

10.1 – The personal data that PELLEGRINO BROTHERS processes is that which you provide to us when you conclude an order and purchase goods, and that which we collect as you browse or use the services offered on pellegrinobrothers.it. PELLEGRINO BROTHERS can then collect data about you, for example, personal details such as name and surname, shipping address and billing address, browsing data and your purchase habits.
Your personal data is processed for the following purposes:
– conclude and execute the purchase contract for goods offered on pellegrinobrothers.it;
– allow registration to the site and use of services reserved for registered users;
– manage your requests forwarded to our Customer Service.
In the aforementioned cases, the processing of your personal data is legitimate as it is necessary to execute an agreement with you or to provide you with the service that you have specifically requested.

10.2 – At any time, depending on the specific processing, you may: revoke your consent to the processing, know which of your personal data we have in our possession, its origin and how it is used, request the update, correction or integration and in the cases provided for by the current provisions, the cancellation, the limitation of processing or oppose their processing. If you wish, you can request to receive your personal data in possession of PELLEGRINO BROTHERS. If you believe that the processing of your personal data has been carried out illegally, you can file a complaint with one of the supervisory authorities responsible for compliance with the rules on personal data protection. In Italy, the complaint can be presented to the Italian Data Protection Authority (https://www.garanteprivacy.it/).
This information may be subject to changes and additions over time, so we invite you to check the contents periodically. Where possible, we will try to immediately inform you of any changes made.

11. Shipping

11.1 – Deliveries shall be made at the postal address provided by Clients when performing the purchase procedure and recorded in the Purchase Order. Therefore, Clients are responsible for the address provided. Sellers shall not be liable for any mistakes related to shipments or wrong delivery of products, due to mistaken or incomplete information provided by Clients when filling in their Purchase Orders.

11.2 – When confirming the order, the Vendor will inform about the time needed to deliver the acquired products to the courier. In case of delays in deliveries or non-delivery, the Client shall inform the Seller by clicking on the link “Contact the Seller” in the personal area. The Seller shall contact the Client within 5 (five) working days.

11.3 – The Seller shall not be liable for damages to the products or for any shipment delays occurred after collection of the products by the Carrier.

12. Amendments and updates

12.1 – The General Terms and Conditions of Sale may be amended from time to time due to changes in the law. The new General Terms and Conditions of Sale are effective as of the date of publication on pellegrinobrothers.it.

13. Harassment clauses

13.1 Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code the Consumer declares to have carefully read and specifically approved the agreements contained in the following articles: art. 3.3 (Information, guarantees and indication of product prices), 6.2 (Right of withdrawal), 7.2 (Refund times and methods) and 12 (Modification and updating).