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Legal Notes

Scope

  1. The General Conditions shall apply to and govern all contracts of sale concluded through the Pastel Srl Website, as identified above, and hereinafter the "Seller".
  2. The General Conditions are subject to change at any time and without any notice. Therefore, each Customer should consult them before proceeding with any purchase.
  3. In any case, the version of the General Conditions in force as of the date of remittance of the purchase order shall apply to each sale.
  4. The General Conditions shall apply regardless of the nationality of the Customer, provided that the delivery of the products must take place in one of the countries in which the Website provides the service of selling online, as specified in paragraph 2), and that said country is the country of registration of the Customer.

Shipping Countries

  1. The purchase of Products through the Website is currently possible if the shipment takes place in the following countries:

    Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Ireland, Northern Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Low Countries, Poland, Portugal, Portugal (Azores/Madeira), Romania, Slovakia, Slovenia, Spain, Sweden, Great Britain, Argentina, Australia, Brazil, Canada, China, Hong Kong, Iceland, India, Indonesia, Japan, Kuwait, Liechtenstein, Malesia, New Zealand, Norway, Philippines, Singapore, South Korea, Spain (Canary Islands), Spain (Ceuta/Melilla), Switzerland, Tahiti, Taiwan, Thailand, Turkey, UAE, USA.

  2. The Seller reserves the right to expand or restrict the list of countries set forth at point 1.
  3. In each case, the list of countries published on the Website, at the "Country" page of the menu, shall always prevail.

Website Purchases

  1. The purchase of Products on the Website is restricted exclusively to individuals acting as consumers, who are eighteen years of age and who have completed the registration procedure set forth in Article 3 below.
  2. The consumer is understood as a natural person who is acting for purposes which can be regarded as outside their trade, business, craft or professional activity.
  3. The purchase made through the Website implies the full, unconditional knowledge and acceptance by the Customer of the General Conditions.
  4. In any case, the Seller reserves the right to refuse any orders made by the Customer with the intention of violating the General Conditions and limitations provided herein, even if they formally comply with the General Conditions.

Direct Information Regarding The Conclusion of The Contract

  1. The Customer is forbidden from entering data that is wholly or partially untrue; personal information and the e-mail notification must, therefore, be personal and real, and not correspond to third parties and/or fictitious persons.
  2. By completing the registration form, the Customer affirms under their exclusive responsibility:
    1. the accuracy and veracity of the data required for the activation of the service;
    2. that he or she is at least eighteen years of age;
    3. that he or she is acting as a consumer.
  3. Once the registration is complete, the Customer must fill out an electronic order form prepared by the Seller and send it electronically, according to the instructions given.
  4. Specifically, the purchase process is as follows:
    The first page summarises the products placed in the cart, with an indication of the shipping costs; at this stage, the Customer can edit their personal information entered during the registration.
    When choosing the Products to be placed in the shopping cart, the Customer can freely add or remove the items; the Customer must always confirm their actions by selecting the "Update" button before proceeding to the next steps.
    The "Delivery" field contains the shipping information.
    The "Conditions" field summarizes the payment method and conditions of sale, which the Customer is obliged to accept in order to proceed with the purchase.
    The following page shows all of the data related to the Customer, delivery and products purchased.
    Next, in order to conclude the order, the Customer is required to confirm the economic transaction relating to the purchase price of the Products in the shopping cart; to this end, after choosing the Products and confirming the Customer data, the Website redirects the Customer to the website of the bank managing the economic transaction.
    Orders that do not record the corresponding business transaction will be cancelled automatically.
  5. Upon notification of confirmation of the validity of the payment method specified in the order, the Seller shall send an e-mail to the Customer's e-mail address provided during registration, with confirmation of the order, containing, as per law, a summary of both general and specific conditions applicable to the contract, the information relating to the Products purchased and detailed indications of the price, terms and conditions of payment, of withdrawal, delivery costs and applicable taxes; then the Seller will send the purchase receipt via e-mail.
  6. The offer of Products through the Website constitutes a public offer pursuant to Art. 1336 of the Civil Code; therefore, the compilation and the correct placing of an order through the Website implies acceptance of that offer. Therefore, the contract is considered concluded when the Seller has knowledge of the Customer's acceptance, which is formalized by way of the order form above.
  7. However, The Seller reserves the right not to accept the order in the event of the absence of payment authorization by the credit card handler.
  8. The Customer may check the status of their order at any time by logging in to the reserved area online.
  9. In any case, the Customer must always have ready the order number communicated by the Seller, which number is required in any communication with the Seller.
  10. The languages available for the conclusion of a contract of sale through the Website are: Italian and English.
  11. Once the online purchase process has been completed, the Customer agrees to ensure its compliance with the General Conditions which they have also already seen and accepted as a necessary step in the purchase process.
  12. In the event of the non-acceptance of an order, the Seller will promptly notify the Customer by e-mail.

Choise and Product Availability

  1. The Products offered for sale through the Website are Zanotto Nives brand linens and accessories offered in the catalogue published on the Website at the time of order by the Customer.
  2. The Product catalogue is periodically updated by the Seller, which, therefore, there is no guarantee as to the permanence of a product from those available online and in no event does the Seller guarantee the availability of all sizes for each item/colour in the catalogue.
  3. In the Product catalogue, each piece is accompanied by a brief description that illustrates its main features; the images and colours of the products present in the descriptions may not, however, closely correspond to the real ones, due to the system settings or technological devices used by the Customer to display the Website.
    The images published must, therefore, be considered approximate and are subject to the usual terms and conditions of sale.
  4. If the product was selected via the order form and is then found to not be available, the Seller shall promptly notify the Customer by e-mail, proposing, alternately and at the Customer's choice, the termination of the contract of sale, and the consequent refund of the price, including any shipping costs, if applied, if already paid, or the supply of a different product of equal or greater value, subject to the difference in payment, if applicable, or, in the case of planned replenishment of the product, an extension on the terms of delivery, indicating the new deadline.

Prices, Purchase Conditions and Payment Method

  1. The sales prices are those published online at the time of the order and include VAT, where applicable, on the basis of the country or EU destination country, according to the requirements of applicable regulations; the prices are expressed in Euro or, for countries outside the Euro zone, in the local currency (if the catalogue is present there).
  2. Prices are subject to change without notice. And, therefore, it is the Customer's responsibility to be sure of the final price before placing the purchase order.
  3. The Seller also reserves the right to apply different sales prices depending on the country where the Products are delivered.
  4. Payment for the Products may only be made by electronic payment through the circuits indicated on the Website, or by cash on delivery, where possible.
  5. In the event of credit card payments the sales price is charged to the Customer's credit card at the time of shipment of the Products.

Method of Delivery, Costs and Other Charges

  1. Products are delivered by the Seller, through participating couriers, directly to the Customer, to the shipping address specified by the customer when ordering.
  2. The Website allows requests for delivery of the Products to a different address than the Customer's, provided that such services are included in the country of residence indicated in the registration section; however, it is the Customer's responsibility to indicate all the references necessary for the delivery's success (for example, if it were to a third party's address, the name on the doorbell/intercom where the delivery should be made should be specified).
  3. It is not possible to pick up the Products purchased through the Website directly from the Seller's warehouse or from Pastel Srl.
  4. The costs and types of delivery provided may vary depending on the country and method of delivery chosen by the Customer, as indicated in the table available on the Website (Link).
    These expenses and any additional costs must be prepaid, except as otherwise indicated in the description of the Product or in other areas of the Website.
    In any case, the amount will be clearly and separately identified in the order summary before the Customer proceeds to place the order, as well as in the e-mail confirmation of the order pursuant to Art. 3.
  5. Shipments in some countries may be subject to the application of customs fees, which fees remain the sole responsibility of the Customer; these fees are levied in the country of destination and, therefore, the Seller cannot predict their amount.
  6. Upon delivery of the Products to the shipper, the Customer will receive an e-mail confirmation from the Seller, which will clearly indicate the name of the courier used.
  7. Delivery time of the Products varies depending on the country of destination and method of shipping chosen.
  8. Delivery times vary depending on the preferred shipping method chosen.
  9. Not all shipping methods provided by the Seller's participating couriers are available for all the countries where Products can be purchased online.
  10. The Customer may request information on the delivery of Products directly to the courier in charge of the shipment or request the tracking number by e-mail at info@zanottonives.com
  11. Delivery of the Products shall be considered complete when made available to the Customer indicated at the shipping address in the order.

User Obligations on Delivery

  • The Customer acknowledges that the collection of Products is an obligation arising from the contract of sale with the Seller.
  • In the event of failure to complete delivery due to the absence of the addressee during delivery attempts made by the courier, the parcel will remain in storage.
  • If the parcel is not picked up within the time specified on the notice that the courier left for the Customer, the parcel will be returned to the Seller.
  • In the case referred to in section 3, the contract will be considered legally terminated pursuant to Art. 1456 of the Civil Code, through a written notification by the Seller sent by e-mail to the Customer and, therefore, the order will be cancelled.
    Therefore, within 15 days of the notification mentioned above, the Seller shall refund the total amount paid for the Products by the Customer excluding the costs of shipping, the costs of returning the Products to the Seller, and any other expense that the Seller has incurred due to the absence of or failure to complete delivery because of the Customer's passivity in fulfilling their obligation to receive delivery.
  • The refund due under Art. 4 will be credited to the same payment method used by the Customer.
  • Following the notification referred to in paragraph 4, the Customer who intends to request delivery of the Products must proceed with a new order.
  • The Seller reserves the right to refuse orders from Customers for which the Seller has previously enacted the termination clause referred to in point 4 due to breach of obligation to receive delivery of the Products.
  • Upon receipt of the Products, the Customer is required to check the conformity of the same in relation to the order, paying particular attention that:
    • The number of packages indicated on the carrier's letter corresponds to the number of items actually delivered;
    • The packaging is intact and has not been damaged or been tampered with.
    Any anomalies (for example, tampering, damage to the package,) should be specifically indicated in writing directly on the courier's delivery receipt, which must be signed by the Customer, who may choose to refuse the delivery. Furthermore, the Customer shall be required to report the incident to the Seller's Customer Care department at info@zanottonives.com.
  • Therefore, the Customer is encouraged to sign the delivery receipt only after these checks have been performed.
  • If the Customer does not proceed in accordance with the preceding paragraphs, and, therefore, were to accept delivery of the Products even in the case of damaged packaging or packaging that has been tampered with, the Customer shall forfeit the legal guarantee of conformity of the Products.

Termination Right

  1. The Customer, as a consumer, has the right to terminate the contract of sale of the Products as established by Art. 64 of Legislative Decree No. 206/2005 (Consumer Code), without any penalty and without specifying a reason or providing an explanation.
  2. The Customer may exercise the right of withdrawal within 10 working days from receipt of the Products, by sending a written notice by registered letter with acknowledgement of receipt addressed to Pastel Srl (Customer Care Zanotto Nives), Via A. de Gasperi 775, 21050 Marnate (Italy), clearly stating their intention to withdraw from the contract of sale.
    For the purposes of this Article, Saturday is considered a non-working day.
  3. The communication referred to in paragraph 2 may also be sent within 10 working days from receipt of the Products, via telegram to the above address or by e-mail to info@zanottonives.com, provided that, in such cases, the notice of termination is confirmed by registered letter with acknowledgment of receipt within the following 48 hours.
  4. The letter is considered to be sent on time if it is postmarked by the time periods prescribed in the preceding paragraphs.
  5. In the notice of termination, the Customer shall specify the order number and the Products for which it intends to exercise the termination.
  6. If an order relates to Products delivered at different times, the period of 10 working days shall apply to each product, as from the moment of its delivery.
  7. Upon receipt of the notice of termination, if it is timely, the Seller shall notify the Customer of the instructions for returning the Products within two days. Then, the Customer must act on this within the next 10 working days. Products may be returned to the corresponding post office or shipper at the time of delivery for the sole purpose of meeting this deadline, except as provided in paragraph 11.
  8. The integrity of the Products to be returned is an essential condition for the exercise of the right of termination. Therefore, before returning any item purchased from the Website, the Customer must ensure that it is in the same condition in which it was received, with its packaging and any documents and corresponding tags, labels, seals, etc.
  9. The Products must be returned in the original packaging in which they were received, including any ancillary documents; the Customer is forbidden from affixing any labels or the like.
  10. Customers may use a carrier of their choice to return the product.
  11. All risks of loss or damage to the Products during shipment to the Seller shall be borne by the Customer.
  12. The costs of returning the Products shall be borne solely by the Customer exercising their right of termination.
  13. The right of termination is exercised by the Customer in accordance with the foregoing provisions; as required by law, the Seller shall refund to the Customer the full amount paid, excluding the shipping costs.
  14. The refund will be made as quickly as possible, but not later than thirty days from the date on which the Product has been returned to the Seller by the Customer. Any sum due by way of refund will be credited to the credit card or the PayPal account used by the Customer to purchase the order to which the withdrawal applies.
  15. In the event that the termination has not been exercised in accordance with the provisions of law and as indicated above, and, in particular, if the Products are not intact and/or are not accompanied by the corresponding accessories or are damaged, there will not be any effect and it will not result in the termination of the contract of sale and, accordingly, the Seller shall give notice to the Customer within 20 days of receipt of the returned Products.
  16. In the case referred to in paragraph 15, subject to the right of the Seller to retain the price already paid by the Customer, the Customer at their own expense has the right to reacquire the products in the same state in which they were returned to the Seller.

Legal Guarantee of Conformity

  1. All products sold through the Website are covered under the legal guarantee of conformity set forth in Articles 128 et seq of Legislative Decree No. 206/2005 (Consumer Code), applicable, in each case, only to the consumer.
  2. Pursuant to the law, the Seller has the obligation to deliver goods to the Customer in accordance with the contract of sale.
  3. The Seller shall be liable to the Customer for any lack of conformity in the Products present at the time of the delivery mentioned above occurring within two years after delivery.
  4. To qualify for the guarantee above, the Customer must notify the Seller of the lack of conformity within two months of the discovery, on pain of forfeiture, by contacting Customer Care at info@zanottonives.com, this report must contain a full and accurate description of any flaws/defects found.
  5. The Customer Care Centre shall transmit the notice of the Customer with instructions.
  6. In any case, the Customer must send the defective product, postage paid, to the Seller for verification.
    The shipment of the product, or part thereof, shall be made by the Customer, and any risks shall be assumed by the same, in accordance with any special instructions issued by the Seller.
  7. The Seller retains the right to require the Customer to attach the purchase invoice or another document showing the date of completion of the sale to the Product for which the warranty claim is intended.
  8. If it is applied, the legal guarantee of conformity entitles the Customer to choose to obtain a repair or free replacement of the Product, unless the remedy requested is impossible or disproportionate to the next available solution.
  9. The Customer shall be entitled to request, at their choice, an appropriate reduction of the price or rescission of the sales contract, only if repair or replacement are impossible or excessively expensive or the repair or replacement do not take place within a reasonable period of time or the repair or replacement made have caused significant inconvenience to the Customer.
  10. In no event shall a minor lack of conformity give the right to terminate the contract.
  11. Any defects or damage caused by accidental events or the Customer's decision to use the Products in a manner not conforming to its intended use or normal wear and tear are excluded from the defects of conformity and, therefore, the legal guarantee.

Discounts and Promotions

  1. In some periods of the year, all or some of the products offered for sale on the Website may be offered with discounted prices, in which case, the data sheet will indicate both the full price and the price actually charged, net of the discount.
  2. The Seller reserves the right to organise contests or prize operations that may give discounts reserved for the purchase of Products on the Website; such meetings shall be governed by specific rules, as required by law.
  3. In such cases, to qualify for the discount, during the purchase process the Customer will receive and is obliged to follow instructions from the Seller or by the promoter of the event on the Website.

Privacy

Customer data is treated in accordance with Legislative Decree No. 196/2003 (Privacy Code), as outlined in the section on the processing of personal information given to the Customer upon registration.

Customer Care, Claims and Communications

  1. The following addresses are given to the Customer in order to request any further information, assistance or make complaints:

    Pastel Srl

    Via A. de Gasperi 775
    
21050 Marnate (VA)

    E-mail: info@zanottonives.com


  2. All communications under the General Conditions shall be made by e-mail and will be sent to the address given by the Customer during registration.

Applicable Law and Jurisdiction

  1. The sales contract concluded under the General Conditions shall be governed by Italian law.
  2. For any dispute that may arise concerning the interpretation of the General Conditions and performance of a contract pursuant thereto, the presiding jurisdiction will be that of where the Customer resides, if domiciled or resident in Italy. If the Customer’s residence or domicile is out of the Italian territory, it will be dealt with exclusively by the Court of Verona in the case where the action is brought by the Customer. However if the action is brought by the Seller, the Seller will be able to choose between the Court of Verona and the court of the place of residence or domicile of the Customer.
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