TERMS AND CONDITIONS OF USE
INTELLECTUAL PROPERTY RIGHTS
All content of www.pavemilano.com, in any format, posted on www.pavemilano.com, including web pages, graphics, colors, structures, tools, fonts and the website design, diagrams, layouts, methods, processes, functions and the software that are part of www.pavemilano.com, are protected by copyright and by any other intellectual property right of the Operator and of the other holders of the rights. It is prohibited to copy www.pavemilano.com and its contents, in whole or in part, in any form, without the prior written consent of the Operator. The Operator has the exclusive right to authorize or prohibit direct or indirect reproduction, permanent or temporary, in any manner or form, in whole or in part, of www.pavemilano.com and its contents. With regard to the use of www.pavemilano.com, you are authorized only to (i) display the website and its content, (ii) perform all those other acts of temporary reproduction, having no financial benefit, which are transitory or incidental, considered an integral and essential part of viewing the site and its contents, and (iii) all other navigation actions on the website that are only performed for a legitimate use thereof and of its contents. Any further act of reproduction must be specifically authorized by the Operator or, where appropriate, by the authors of the individual works contained in the website. These reproduction operations must be in any case performed for lawful purposes and in accordance with the copyright and other intellectual property rights of the Operator and of the authors of the individual works contained in the website. The authors of individual works published on www.pavemilano.com have, at any time, the right to claim authorship of their works and to object to any distortion, mutilation or other modification of the works themselves, including any act damaging the works, which has an effect on their honour or on their reputation. You agree to respect the copyright of the artists who have chosen to publish their works on www.pavemilano.com or who have collaborated with the latter to create new forms of expression and artistic works to be published, whether or not exclusively on the website, or that they form an integral part of it. Also you are not, under any circumstances, permitted to use, in any manner and form, the contents of the website or any single work protected by copyright and other intellectual property rights. Without limitation, you may not alter or otherwise modify the contents and protected works without the consent of the Operator and, where necessary, of the individual authors of works published on www.pavemilano.com.
Such terms and condition of use shall be governed and interpreted in accordance with Italian Laws.
TERMS AND CONDITIONS OF SALE
1.1. These general conditions of sale apply to the sales contract for purchases on the www.pavemilano.com e-commerce site (the "Site"). The Site, owned by Pavè Srl with registered offices in Via Felice Casati, 27 20124 - Milan (MI) – Italy, tax code and VAT number IT07603300968, company number 1970229in the Business Register of Milan (the "Owner" or PAVÈ), is managed by Pavè Srl .
1.2. PAVÈ sells products on the Site www.pavemilano.com. The parties involved in the sale and purchase of products on the Site are PAVÈ as vendor (the "Vendor"), the party purchasing one or more products (the "Purchaser"), and collectively Vendor and Purchaser (the "Parties").
1.4. All purchases are subject to the general conditions of sale posted on the Site when the contract is entered into, in accordance with Article 3 below.
1.5. The Site is for retail sale and as such is for use by consumers only. Purchase of products on the Site is therefore only for "consumers", as natural persons, for purposes unrelated to their trade, business, craft or profession. All "non-consumers" are advised to not purchase products on the Site.
1.6. By purchasing, the Purchaser accepts that confirmation of order-related information and the contractual terms contained in this contract be sent to him by email to the address provided when registering on the Site. The Vendor reserves the right to not fulfill orders from anyone other than "consumers", or orders not compliant with its sales policy.
1.7. Legal age (18 years) and the legal capacity to act, which the Purchaser claims to have, are required to enter into this contract.
1.8. The Purchaser agrees to bear any costs for Internet connection to the Site, including telephone expenses, at the tariffs applied by the operator selected by the Purchaser himself.
2. Product specifications and their availability according to geographical area.
2.1. The products sold by the Vendor shall be as specified on the Site when the order is sent by the Purchaser and in accordance with the general conditions of sale posted on the Site when the order is sent, excluding any other condition or term.
2.2. The Vendor reserves the right to change these general conditions of sale at any time, at its own discretion, in compliance with applicable laws. The products are offered under the contractual terms posted on the Site when the order is sent and while stocks last.
2.3. Prices and products for sale on the Site are subject to change without notice. Therefore, before sending the purchase order pursuant to paragraph 3 below, the Purchaser is advised to check the final sale price.
2.4. The Vendor reserves the right, without prior notice, to change the products on the Site or change their specifications at any time without prior notice or obligation.
2.5. The Vendor reserves the right to make changes and to improve any of the products offered on the Site, with no obligation to make such changes to products already sold. The pictures of products are indicative only.
2.6. Users can access this Site from all over the world, and the Site may contain references to products that are not available or cannot be purchased in the country of the Site visitor.
2.7. Products on the Site or for sale, are for sale only in the countries on the list posted on the Site at the time of the order.
3. Execution of the contract.
3.1. The presentations of products on the Site are not binding for the Vendor, are merely invitations to offer and not offers to the public.
3.2. The purchase order sent by the Purchaser to the Vendor by means of the Site is valid as a contractual offer and is subject to these contractual terms, which form an integral part of the order and that the Purchaser, by sending the order to the Vendor, must accept fully and without any reservation. Before purchasing the products, by sending the purchase order, the Purchaser will be asked to read these general conditions of sale and the Information Note on the right of withdrawal, to print a copy of it using the print command and save or make a copy for personal use. Moreover, the Purchaser will be asked to correct any errors made when entering his personal data.
3.4. The contract is considered executed when the Purchaser receives the receipt for the order from the Vendor by email. Pursuant to the laws in force, the order and the receipt for the order are considered received when the parties to which they are addressed can access them.
4. Procedure for selection and purchase of products.
4.1. The products offered on the Site can be purchased using the Site's purchase procedure. That procedure lets the Purchaser select the desired products and add them to a specific virtual shopping cart. To purchase the products selected and added to the cart, the Purchaser will be asked to register with the Site, providing the requested information, or to login, if already registered or to provide his details to complete the order and to execute the contract. To purchase, the Purchaser will be asked to confirm his details (including but not limited to: first name, last name, etc.), and the delivery address for the selected products, the billing address, and, optionally, a telephone number to contact him for any communications concerning his purchase, if different from the data provided upon registration. The details of the order will be shown to the Purchaser, who may amend it: then the Purchaser must expressly approve the general conditions of sale after reading them carefully, checking the specific check-box on the Site and, finally, by pressing the “Proceed to Purchase” button, the Purchaser will be required to confirm his order which will be conclusively sent to the Vendor and thus produce the effects described in paragraph 3.2 of this contract, above. If the Purchaser chooses an instant payment method (simultaneous to the purchase) by PayPal he will be required to provide the relevant data via secure connection. For accounting and administrative purposes, the Vendor reserves the right to check the personal information supplied by the Purchaser.
5. Delivery and acceptance of goods.
5.1. In general, the Site provides delivery time estimates for information only and is not a commitment on part of the Vendor.
5.2. The Vendor undertakes to do whatever possible to respect the delivery times stated on the Site and, in any case, deliver within no more than 4 ( four) days after sending the order confirmation to the Purchaser.
5.3. Not being able to guarantee the availability of the products displayed on the Site, if a product ordered by the Purchaser is not available, the Purchaser will be promptly informed by the Vendor and any payment already made by the Purchaser shall be promptly reimbursed.
5.4. The products ordered by the Purchaser will be shipped as specified by the Purchaser, among the methods available and offered on the Site when the order is sent. The Purchaser undertakes to check promptly, and in any case within no more than 3 (three) days from receipt of the products, that the shipment is correct and includes all and only the products purchased and to inform the Vendor within that time of any defects in the products received or of their non-conformity to the order made, pursuant to the procedure in art. 9 of this contract, below. If the packaging or the wrapper of the products ordered by the Purchaser reaches its destination with obvious evidence of damage, the Purchaser is advised to refuse the carrier.
5.5. Once the period stated in paragraph 5.4 above has lapsed the products are considered definitively accepted by the Purchaser.
6. Prices, shipping costs, taxes.
6.1. The price of the products is that shown on the Site when the Purchaser sends his order. The prices of the products shown on the Site are inclusive of VAT, and do not include shipping costs, which are calculated before the Purchaser's order confirmation and which the Purchaser agrees to pay to the Vendor in addition to the price shown on the Site and do not include any taxes or duties due in compliance to the conditions and terms set by each individual Country where the goods are delivered.
6.2. On the basis of the country to which the products must be delivered the Site shall show, during the order creation process, the relevant delivery costs that the Purchaser undertakes to pay in addition to the price of the products ordered.
6.3. The Purchaser must pay the total price to the Vendor, as printed on the order and confirmed in the order confirmation sent by email by the Vendor to the Purchaser.
6.4. If the products are to be delivered to a non European Union country, the total price shown in the order and repeated in the order confirmation, inclusive of VAT, will not include any customs taxes or any other sales tax, which the Purchaser undertakes to pay, where due, in addition to the price shown in the order and confirmed in the order confirmation, pursuant to the law provisions of the country the products are to be shipped to. The Purchaser is advised to obtain information from the competent bodies of their country of residence or destination of the products to obtain information on any duties or taxes applied in the country of residence or destination of the products.
6.5. The Purchaser shall bear any other cost, charge and tax that any country may apply for any reason to the products ordered based on this contract.
6.6. The Purchaser declares that being uninformed of the costs, charges, duties and taxes mentioned in paragraphs 6.4 and 6.5 above, when sending the order to the Vendor cannot constitute cause for the termination of this contract and may not charge said costs to the Vendor in any way.
7.1. Orders placed through the Site can be paid by credit card or PayPal, pursuant to the conditions described here below. The Vendor may offer other forms of payment, stating them in the payments section of the Site.
7.2. The Vendor shall promptly send to the Purchaser by email at the address provided when registering on the Site, the invoice/tax documentation relevant to the purchase made, if the products purchased are to be delivered within Italy or enclosed in printed form with the products purchased in all other cases.
8. Vendor's legal conformity guarantee, reporting non-conformity and corrective action under warranty.
8.1. Pursuant and in compliance to European Directive 44/99/EC and Italian Legislative Decree 206/2005 (Italian Consumer Code), the Vendor provides a legal guarantee to the Purchaser on the product for any lack of conformity under the sales contract arising within 24 (twenty-four) months from the delivery of the product to the Purchaser. It is understood that with respect to perishable products (all foodstuffs) the legal guarantee will be effective only until the expiration date printed on the wrapper of the packaging of the product itself and provided that the good is not eaten even in part.
8.2. For product non-conformity, the legal guarantee permits the Purchaser to obtain, by directly contacting the Vendor, within a reasonable time frame in consideration of the nature of the product, the replacement of the product, or the termination of the contract.
8.3. Improper use of the product and use in contrast with the relevant instructions/warnings provided by the Vendor and/or the manufacturer of the product are in any case not covered by the guarantee.
8.4. All product non-conformity reports must be presented with proof of purchase of the product from the Vendor (document valid for tax purposes issued by the Vendor or payment receipt).
8.5. Within the period mentioned in paragraph 8.1 above, the Purchaser must send a product non-conformity report no later than 10 (ten) days after finding the non-conformity.
8.7. The Vendor, through the support service of the manufacturer of the products, shall perform quality checks to confirm the actual non-conformity of the product itself and shall provide feedback to the Purchaser by email, to the address provided when registering on the Site.
8.8. If non-conformity of the product is confirmed, the Vendor shall refund (within 30 day from the receipt of the product) the Purchaser for the cost of the product exclusive of the shipping costs incurred to return the faulty product.
9. Responsibility for damage caused by defective products.
9.1. Concerning any damage caused by a defective product the provisions of the European Directive 85/374/EEC and the Italian Legislative Decree 206/2005 (Italian Consumer Code) are applicable. The Vendor, as distributor of the products by means of the Site, accepts no liability, with no exceptions, by stating the name of the manufacturer of the product.
10. Right of withdrawal.
10.1. The Purchaser has the right of withdrawal from this contract, without penalty, within 10 (ten) working days starting from the day of receipt of the ordered products, for any reason and without having to justify his decision. In that event the Vendor shall retain the shipping expenses and any duties or further taxes to re-import the product, being charged wholly to the Purchaser.
10.3. To ensure that the right of withdrawal is exercised properly, if the shipment or delivery of the products ordered has already occurred, the Purchaser must return them within no more than 10 (ten) working days from receipt of the goods or 10 (ten) working days from sending the request to return, to: Pavè Srl. Via Felice Casati, 27 20124 Milan – Italy.
10.4. It is understood that the transportation risks and costs to return of the products to the Vendor shall be paid by the Purchaser.
10.5. To validly exercise the right of withdrawal, the products must be delivered or in any case must reach the Vendor intact (without signs of wear, opening, eating, abrasions, scratches, bends, etc.), complete with all of their elements and accessories, together with the enclosed instructions/notes/manuals, with their original boxes and packaging and, where present, the warranty certificate. Lacking the above the Purchaser shall not have the right to the refund of the amount paid. For this purpose, therefore, we recommend covering the original wrapper of the products with another protective packaging that preserves the integrity of the same and protects it during the transportation from writing or stickers.
10.6. The Vendor shall accept the delivery of the returned products, reserving the right to check if they have been returned in the conditions described in paragraph 10.5, above.
10.7. If checking the returned products has a positive outcome and the right of withdrawal has been validly exercised within the terms and pursuant to the conditions set forth, the Vendor shall refund, free of charge, the Purchaser for the entire amount paid for the purchase of the products, excluding delivery charges previously sustained by the Purchaser for the purchase itself, if the value of the order is of EUR 40 or more, in the least time possible and in any case within 30 (thirty ) days from the date in which the Vendor became aware of the exercise of the right of withdrawal by the Purchaser.
12. Intellectual property rights.
12.1. The Purchaser declares to be informed that all of the contents present on the Site are protected by copyright and other provisions in force relevant to intellectual property: all rights are the exclusive property of Pavè Srl.
12.2. The contents of the Site cannot be reproduced, neither fully nor partially, transferred by computer or conventional means, modified or used for any purpose without prior written consent from Pavè Srl.
13. Purchaser data and data protection.
13.1. To complete registration, ship the order and, therefore, execute this contract, some of the Purchaser's personal data is needed. The Purchaser acknowledges that the personal data provided will be stored and used by the Vendor in accordance with and subject to the rules laid down in the Italian Legislative Decree. No. 196/2003 and subsequent amendments - Privacy Code, to execute this agreement and, subject to the Purchaser's consent, for any further activities as outlined in the privacy statement provided to the Purchaser by the site at the time of registration.
13.2. The Purchaser declares and guarantees that the data supplied to the Vendor at registration is correct and truthful.
13.3. The Purchaser, at any time, can update and/or amend the personal data supplied to the Vendor within the specific section of the Site “Log in/Register”, accessible subsequent to authentication.
14.1. Although the Vendor shall take measures to protect personal data against their loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations of protection of electronic communications via Internet, the Vendor cannot guarantee that the information or data displayed by the Purchaser on the Site, even subsequent to the Purchaser having logged in, are not accessible or visible by unauthorized third parties.
14.2. The Vendor, concerning data related to credit card payment avails itself of the services of the company PayPal which implements technological systems in order to guarantee the maximum levels of reliability, security, protection and confidentiality in the transmission of information via web.
15. Force majeure.
15.1. The Vendor shall not be liable for total or partial default of its obligations provided within this contract should such default be caused by unpredictable and/or natural events out of his reasonable control, including, by way of example but not limited to, catastrophic natural events, terrorist acts, wars, riots, power failure, general labour strike in the public/private sector, strikes and/or restrictions of traffic conditions for couriers and air transportation.
16. Applicable law and competent court.
16.1. The contract shall be governed and interpreted in accordance with Italian Laws.
16.2. The Parties mutually agree that the application of the United Nations Treaty on contracts for the international sale of goods is expressly not applied to this contract.
16.3. For any dispute deriving from this contract or relevant to it, the competent court shall be a) the Court of the place of residence or domicile of the Purchaser, if “consumer” pursuant to the laws in force; b) in any other circumstance, exclusively the Court of Milan, Italy.
16.4. For all that is not expressly provided for herein, the provisions of the Italian Law shall be applicable and in particular, for consumers, the provisions in Section II, Chapter II, Title III of Italian Legislative Decree 206/2005 and subsequent amendments. (Italian Consumer Code).
17.1. The Parties cannot in any way transfer their rights and obligations arising from this contract to third parties without prior written consent from the other party.
18. Validity of the clauses.
18.1. The titles of the clauses used herein are to be considered as purely indicative and have no effect on identification of the contents and the interpretation of this contract.
18.2. These conditions do not prejudice the rights attributed by the Italian law to the Purchaser, acting as a consumer, or the rights guaranteed to the same by the provisions of the law to which it is subject. 18.3. If one of the clauses or part of a clause of these conditions is deemed invalid because in contrast or against a law, all of the other clauses of this agreement or parts of the same clause shall remain fully valid and effective.
19. Final provisions.
19.1. This contract replaces all contracts, agreements and understandings previously in force between the Parties and, together with the order, the order confirmation and the terms and conditions of use of the Site, constitute the entire agreement between the Parties for the purpose of this contract.
19.2. The Purchaser declares not having been induced to agree to this contract on the basis of previous verbal declarations.
19.3. Any amendment to this contract must be accepted in writing by both Parties.
Delivery times and shipping costs
Shipments are carried out from Tuesdays to Thursdays for perishable goods; if the order does not contain perishable goods the shipment may take place on Fridays as well.
For Italy: Orders received during the day, are generally prepared and delivered to the carrier within the business day following the date of receipt of the order. The courier used by us for shipments to Italy is SDA: delivery shall occur within three working days after the receipt of the goods for the courier. Shipping cost shall be € 9.00 for peninsular territory, € 11.00 for the islands, regardless of the amount of goods ordered. Pavé will strive to constantly seek the best possible courier to reduce delivery times and guarantee customers the fastest service and efficient as possible. Delivery times depend on the place of destination served by our shipping courier.
For Abroad: You will be required to indicate the country of destination and on this basis, with the total weight, it will be calculated the amount of the entire shipment (products plus shipping charges). An information note on costs to consumers commissioned relatively to the shipping will be made constantly visible even before the purchase procedure. The delivery day will depend on the destination and the goods ordered. Foreign countries where it is possible to ship are: Austria, Belgium, Denmark, Germany, Luxembourg, Netherlands, Poland, Czech Republic, Slovakia, Hungary, France, Monaco, United Kingdom, Spain, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Malta, Portugal, Romania, Sweden.
The personal data you provide to Pavè Srl ("Pavè") by registering on our website www.Pavè.it (the "Site") and any additional personal data that you may provide for the payment and delivery of products you purchase on the Site, are required for you and for Pavè to fulfil legal obligations, as detailed in the General Contractual Terms and Conditions available on the Site. The data we ask you to provide are required to complete the contract for your purchase of Pavè products.
Information concerning your credit card will be used by Pavèexclusively for the activities related to handling the purchase of Pavèproducts through the Site and may be processed by the bank that provides services related to online payments and by the bank that issued the credit card you will use to pay for your order.
In accordance with the provisions of art. 7 of Italian Legislative Decree 196/2003, you will have, among others, the right to know at any time (i) whether or not Pavè retains your personal data, and their communication in an intelligible form; (ii) the source of the personal data; (iii) the purposes and means of their processing; (iv) the logic applied to their processing; (v) to whom the personal data may be communicated or who may access them in their capacity as designated representative in the territory of the Country, managers or agents. You also have the right to obtain updates, amendments or, if interested, integration of your data, their elimination, transformation into anonymous form or blocking of data treated in violation of laws, inclusive of data which need not be kept for the purposes for which the data were collected or subsequently processed, and the certification that the aforesaid operations have been forwarded, also concerning their content, to the parties to whom the data were communicated or disseminated, unless this requirement proves impossible or involves an effort which is manifestly disproportionate to the protected right. The data controller is Pavè Srl, having its registered office in Italy, Milan, Via Felice Casati 27.
The services contained in this section enable the Owner to monitor and analyze web traffic and are used to keep track of User behavior.