The present general conditions of sale (hereinafter referred to as the “General Conditions of Sale”) regulate the sale between Pietro Parmeggiani S.r.l. Registered and operative office: Via S. Giovenale, 86 – 47922 Rimini (RN) Italy Fiscal code and VAT number IT 03635230406 – REA CCIAA RN n. 301666 – Reg. Impr. n. 03635230406 – Cap. Soc. Tel. +39 0541 1646823 – Fax +39 0541 1642195 – e-mail:email@example.com (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Purchaser”) in relation to the goods and/or services (hereinafter jointly referred to as the “Goods”) sold by the Seller on the e-commerce channel of the website www.sleepis.it or through the Blomming platform on the Facebook portal (hereinafter jointly referred to as the “Platforms”).
If the Buyer is interested in purchasing the Goods, they are invited to carefully read these General Conditions of Sale before purchasing the Goods on the Platforms. By purchasing Goods through the Platforms, the Buyer declares that they have read and expressly approve these General Conditions of Sale. The description of the Goods can be found on the data sheet for each Good published on the website www.sleepis.it.
It is advisable to print a copy of these General Conditions of Sale and/or save them for future reference.
The Seller may use subcontractors for the performance of transport and/or installation of the Goods and/or other services covered by the order.
Conclusion of the contract
By placing a purchase order on the Platforms, the Buyer warrants that they are of legal age, possess the necessary legal capacity and are legally authorised to conclude purchase contracts. By sending the purchase order, the Buyer acknowledges that they have read, understood and accepted all of these General Conditions of Sale. Acceptance of the purchase order by the Seller will take place by sending an order confirmation message to the email address that the Buyer must indicate during the purchase procedure on the Platforms, it being understood that the aforementioned means of communication has been expressly accepted by the Buyer for the exchange of information relevant to the conclusion and execution of the sales contract.
Prices and payment methods
The prices for the purchase of Goods for sale on the Platforms are understood to include VAT and transport costs.
Those who have the right to apply a reduced VAT rate are required to indicate this in the “NOTES” section of the registration form and must submit the relevant supporting documentation to firstname.lastname@example.org. In the latter case, the Seller will send the order confirmation by email only after receiving the aforementioned documentation and, once it has verified the validity of the request and examined the documentation, will apply the reduced VAT rate in accordance with the law.
The price of the Goods purchased on the Platforms is the one published from time to time on the website www.sleepis.it. These prices may be subject to variations that, in any case, do not affect orders already accepted by the Seller at the time when the variation is introduced.
Payment of the price must be made online or by bank transfer, in a single solution, in advance. Alternatively, payment may also be made by credit card through an authorised Payment Service Processor (in our case, PayPal).
Details of the payment conditions applicable at the time of formulation of the purchase order are set out in the specific section “Payment Methods”.
The Goods shall remain the property of the Seller until all claims arising out of the sale and purchase agreement have been paid in full, including any interest on arrears and the costs incurred by the Seller in enforcing recovery of the debt.
The Purchaser who is a consumer or user pursuant to and for the purposes of Article 3, paragraph 1, letter a) of Legislative Decree No. 206 of 6 September 2005, as amended and supplemented. ii. (Consumer Code) shall be entitled to claim from the Seller double the amount paid in relation to the order if the Seller does not conclude the contract or withdraws from it.
Delivery and carriage
The term of delivery in use in the absence of Seller’s communication to the contrary is “Ex Works” (Incoterms 2010) Seller’s warehouse; therefore, the Goods travel at Buyer’s risk from the time they are made available for transportation to Seller’s warehouses. Partially derogating from the provisions of the “Incoterms 2010” rules, transport is normally organised by Seller in the name, on behalf of and at the expense of Buyer, which expenses shall in any case be deemed to be included in the price indicated in the price list.
The delivery term, which is merely indicative and not essential, is that indicated on the relative order confirmation or, if no delivery date is indicated, the same will be carried out within a reasonable term from the date of conclusion of the contract, except in cases of force majeure, upon receipt by the Seller of the documents proving payment.
The Purchaser may request a change in the delivery date envisaged in the order confirmation no later than one week prior to the expected delivery date. If the request to postpone the delivery date is communicated to the Seller after the aforementioned deadline, the Purchaser shall reimburse any transport charges already advanced by the Seller as well as, at the Seller’s discretion, an amount equal to 2% of the order value for each week of postponement of the delivery date, by way of reimbursement of storage costs, except for greater damages. The actual date of installation, to be agreed with the Seller’s operators, shall in any case depend on the delivery area, the type of Goods and the requirements communicated by the Buyer.
Delivery of Products
The date of shipment of the products to the address indicated by the Customer as far as possible within 24 working hours from receipt of payment, subject to availability of goods and stock, while delivery times vary according to the country of destination and the level of service chosen from those proposed by the Seller.
Upon receipt of the material and before signing the document to the Courier who will deliver the goods to you, carefully check that the number of packages delivered is consistent with those mentioned on our document, then check the physical condition of the packages with particular attention, checking that they have not been tampered with and that they are closed with our customised adhesive tape. In the event of any problems, sign the receipt with reserve describing the reason directly on the delivery document (e.g. accepted with reserve due to missing parcels, crushed or broken parcels or broken cardboard, etc.). We remind you that if the signature is affixed without contesting any evident damage, the Courier is relieved of any responsibility for damage occurring during transport.
Warranty and assistance for Purchasers who qualify as consumers or users pursuant to and for the purposes of Article 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005, as amended and supplemented. ii. (Consumer Code). Limits and forfeitures. Safety provisions for the performance of installation services.
The Goods are guaranteed for private and “non-professional” use. Intended for professional use shall void any warranty attached to the Goods.
The warranty extends to a period of 2 (two) years from the date of delivery, except for wear and tear.
The warranty is provided only for Goods located in Italy, the Republic of San Marino and the Vatican City and provides exclusively for the restoration of the functioning of the Goods with the free replacement of defective parts, unless the Seller, at its sole discretion, does not deem it more convenient to provide for the complete replacement of the Goods themselves.
The manual for the use and installation of the Goods may be provided on any electronic or computer support. In this case, the Purchaser may also request a hard copy of the manual free of charge by making an explicit request to the Seller’s Consumer Customer Service at the following address: Customer Service – Pietro Parmeggiani S.r.l., Via S. Giovenale, 86 47922 Rimini (RN) – ITALY
The Seller shall not be liable for any damage to third parties resulting from improper use and/or maintenance and/or fixing and/or not in accordance with the instructions in the instruction booklet and any other document or warning accompanying the Goods, if the maintenance and/or fixing of the Goods is carried out directly by the Buyer or by third parties not authorised by the Seller.
Buyer undertakes to take all necessary measures to ensure that the place where the installation of the Goods is to be performed is safe for the performance of the same and does not create health risks for others. To this end, Buyer indemnifies Seller against any liability for damage to property and/or persons occurring in the environment in which the Goods are used.
Guarantee and assistance for Purchasers who are not consumers or users within the meaning of Article 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005, as amended and supplemented. ii. (Consumer Code). Limits.
Notwithstanding articles 1490 ff. As an exception to Articles 1490 et seq. of the Civil Code, Seller’s warranty is strictly limited to the replacement or repair, at Seller’s sole discretion, of Goods with original defects in material or workmanship and Buyer hereby waives any right to terminate or reduce the Price.
The warranty on new Goods is 1 (one) year from the date of delivery, plus an additional period of 12 (twelve) months (second year from the date of delivery) during which time service calls will be charged the fixed call-out charge, labour and travel costs, only spare parts being free of charge, except in any case for parts subject to wear and tear.
Failure to return the replaced Goods and/or spare parts or components of the Goods to Seller upon its express request, as well as any installation of the Goods by third parties not authorized by Seller shall immediately invalidate any warranty on the Goods.
Any interventions under warranty shall be carried out by the Seller exclusively on the Italian territory, Republic of San Marino and Vatican City and shall exclusively provide for the restoration of the functioning of the Goods with the replacement of the defective parts free of charge, unless the Seller, at its sole discretion, does not deem it more convenient to provide for the complete replacement of the Goods.
In any case, the Seller declares and guarantees that it will be able to carry out warranty work on the Goods even outside the aforementioned territories, reserving the right to charge any costs to the Purchaser, with reimbursement also in advance.
All Goods travel with the instruction booklet for the correct use and maintenance of the same and, therefore, the warranty under this article 7 shall not apply in case of defects, failures and shortages of Goods resulting from improper use and/or maintenance and/or not in accordance with the instruction booklet. If the installation of the Goods is carried out by Buyer itself or by third parties not authorised by Seller, Seller shall not be liable for any damage resulting from the incorrect installation of the Goods or from an installation carried out in a manner not compliant with the requirements set out in the user or installation manual or any other document accompanying the Goods.
In all cases where the Buyer requests a service call that is not justified by a real operating problem of the Goods or in any case by a problem not attributable to the Seller, the Seller may proceed to charge the Buyer for the cost of the call even if the Goods are covered by the warranty.
Seller warrants that the Goods comply with all safety standards mandatorily imposed by laws, regulations and orders in force in Italy and, consequently, in the European Union.
The manual for use and installation of the Goods may be provided on any electronic or computer medium. In this case, the Buyer may also request a hard copy of the manual free of charge by making an explicit request to the Seller’s Consumer Customer Service at the following address: Customer Service – Pietro Parmeggiani S.r.l., Via S. Giovenale, 86 47922 Rimini (RN) – ITALY.
The Seller shall not be liable for any damage to property and/or personal injury resulting from the use of the Goods not in accordance with the instructions provided in the user manual and any other document or notice accompanying the Goods as well as for damage to property and/or personal injury resulting from the performance of delivery and/or installation services and/or any other service covered by the order performed by Seller’s subcontractors. Seller shall not be liable for any damage resulting from the use of the Goods by persons in unsuitable physical condition, it being the user’s obligation to ascertain in advance the compatibility between his state of health and the use of the Goods. The user is expressly invited to carefully read the user’s manual of the Goods before using them, scrupulously observing the correct use of the same and the strict observance of the safety rules set out.
The Seller shall not be liable for any indirect damage caused by the Goods. The limitations on Seller’s liability shall not apply: (a) in the event of death or personal injury caused by Seller’s gross negligence; (b) in the event of Seller’s fraud or gross negligence; (c) for any other circumstances for which liability cannot be waived by law.
Right of withdrawal of Purchasers who qualify as consumers or users pursuant to and for the purposes of Article 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005, as amended and supplemented. ii. (Consumer Code)
Within 14 (fourteen) working days from the date of delivery of the product or from the date of conclusion of the contract in the case of services, the Purchaser who is a consumer or user within the meaning of Article 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005, as amended (Consumer Code) may withdraw from the contract without any penalty and without specifying the reason. The withdrawal period shall expire after 14 (fourteen) days from the day on which the Purchaser or a third party designated by the Purchaser, other than the carrier, acquires physical possession of the product or from the date of conclusion of the contract in the case of services. The right of withdrawal may only be exercised by Purchasers who have the position of consumer under the relevant legislation, i.e. by individuals who have purchased the products for their own use and for purposes not related to their professional activity. To exercise the right of withdrawal, the Purchaser must inform Pietro Parmeggiani S.r.l. – Via S. Giovenale, 86 – 47922 Rimini (RN) Italy Tel. +39 0541 1646823 – Fax +39 0541 1642195 – e-mail:email@example.com, of the decision to withdraw from the contract by means of an explicit statement (e.g. letter sent by post, fax or e-mail). To this end, the customer may use the standard withdrawal form available on the Right to Withdraw web page, but it is not compulsory. The Purchaser may also electronically fill in and send the standard withdrawal form or any other explicit statement on the aforementioned webpage. If the customer chooses this option, the Seller will promptly send an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail). In order to comply with the withdrawal period, it is sufficient for the Buyer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires. If the Buyer decides to withdraw from the contract, the customer will be reimbursed for all payments made to the Seller, including delivery costs (with the exception of additional costs resulting from the Buyer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any case no later than 14 (fourteen) days from the day on which the Seller was informed of the Buyer’s decision to withdraw from the contract. Such refunds shall be made using the same means of payment used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise; in any event, the Buyer shall not incur any costs as a result of such refund. Refunds may be suspended until receipt of the Goods or until Buyer has demonstrated that the Goods have been dispatched, whichever is the earlier. Buyer should return the Goods or return them to Seller at the following address: Pietro Parmeggiani S.r.l. – Via S. Giovenale, 86 – 47922 Rimini (RN) ITALY without undue delay and in any case within 14 (fourteen) days from the day in which he communicated his withdrawal from the contract. The deadline is met if the Buyer returns the Goods before the expiry of the 14 (fourteen) day period.
The direct cost of returning the Goods shall be borne by the Buyer. The cost is estimated to be approximately the Seller’s cost of delivery. In the case of off-premises contracts, if the Goods by their nature cannot be returned by post, Seller will collect the Goods at its own expense. The Buyer shall only be liable for any decrease in the value of the Goods resulting from handling the Goods in a manner other than that necessary to establish the nature, characteristics and operation of the Goods.
Privacy and data processing
The personal data processing policy adopted by the Seller is available for consultation on the website www.sleepis.it at the following link.
The Purchaser is therefore invited to carefully check the information on the processing of personal data that will be made available for consultation at the time of activation of the account on the platform concerned for the provision of the service or multimedia content purchased.
Applicable law. Exclusive jurisdiction
These General Conditions are governed by Italian law, with the exception of the application of the rules of international private law, the applicability of which is excluded. The applicability of the 1980 Vienna Convention on the International Sale of Goods is expressly excluded.
If the Purchaser qualifies as a consumer or user pursuant to and for the purposes of Article 3, paragraph 1, letter a) of Legislative Decree No. 206 of 6 September 2005, as amended and supplemented. (Consumers’ Code), any dispute between the Purchaser and the Seller, whether relating to these General Conditions or to any contract concluded between them, shall be settled by the Court of residence or domicile of the Purchaser.
If the Purchaser is not a consumer or user within the meaning of Article 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005, as amended and supplemented. ii. (Consumption Code), for any dispute between the Purchaser and the Seller, referring both to these General Conditions and to any contract concluded between them, the Court of Rimini shall have exclusive jurisdiction. In any case, the right of the Seller to take action against the Purchaser before the courts of the place of domicile of the latter shall remain unaffected.
For any information and/or to present any complaints, the Purchaser may send an e-mail to the following address: firstname.lastname@example.org or contact the Vendor’s toll-free number 800 70 70. Alternatively, the Purchaser may send a communication by post to the following address: Pietro Parmeggiani S.r.l. – Via S. Giovenale, 86 – 47922 Rimini (RN), Italy.