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1.1 The present general terms and conditions of sale (“GTCS”) regulate the purchase of “MULTITEL” and “MIM – Made in Multitel” branded products (the “Products”), made through the website (“Site”), owned by Multitel Pagliero S.p.A, CF and VAT no. 00185720042, with registered office in Strada Statale 114, 12030, Manta (CN), and managed by Personal Time Promotion s.r.l., VAT no. 02960670277, with registered office in Via delle Industrie no. 41, 30024, Musile di Piave (VE), (“Personal Time”). All purchases of products made through the Site are subject to these GTCS, in the version published therein at the time the order is placed by the Purchasers.
1.2. The seller of the Products offered on the Site is Multitel Pagliero S.p.A. (“Seller”), which, by virtue of a separate commercial agreement, has instructed Personal Time to manage, among other things, the procurement of the Products from third-party suppliers, the collection of orders, the sending of order confirmations, the shipment of the Products to the Purchasers and the management of any returns. The following subjects may place orders through the Site: (i) customers who qualify as “consumers”, meaning persons who purchase one or more Products for purposes not related to their own commercial, entrepreneurial, handicraft or professional activity; (ii) customers who do not fall within the previous category and therefore qualify as “non-consumers”. For the purposes of these GTCS, customers in both categories are referred to as “Purchasers”. To “non-consumer” Purchasers: (i) Articles 8, 9, 10 and 15 of these GTCS do not apply, nor in general the protections provided for in favour of consumers by the so-called “Consumer Code” – Italian Legislative Decree no. 206/2005 and subsequent amendments; (ii) sale contracts between the Seller and “non-consumer” Purchasers are governed by Italian law, as are orders, order confirmations and any other related agreements. The applicability of the 1980 Vienna Convention on the International Sale of Goods is expressly excluded. The Court of Monza (MB), Italy, shall have exclusive jurisdiction over any dispute arising out of the interpretation or execution of these GTCS and/or the sale agreements between the Seller and the “non-consumer” Purchaser.
Multitel Pagliero S.p.A., is the owner of: (ii) all rights to the Site domain name, logos, trademarks for the products presented on the Site; (ii) copyright in relation to the Site and its contents.
1.3. Any communication relating to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to Personal Time at the address and in the manner indicated on the Site or by e-mail to the e-mail address: support_mt@personaltime.it .
1.4. By transmitting the order, the Purchaser accepts that the order confirmation and these GTCS will be sent by e-mail to the address provided by the same Purchaser.
1.5. The Seller reserves the right to amend these GTCS at any time and at its sole discretion.
2.1. The Products are sold with the characteristics described on the Site at the time of the order and in accordance with the GTCS in force at the time of purchase, to the exclusion of any other terms or conditions.
2.2. The Products are offered while stocks last. The Site will indicate whether stocks are still available at the time of the order.
2.3. The prices and the Products on sale on the Site are subject to change without notice. It is the responsibility of the Purchasers, before forwarding the purchase order pursuant to Article 3 below, to check in the section of the Site specifically dedicated to: (i) whether Products are out of stock; (ii) the final sale price; (iii) whether the Products present on the Site can be delivered in the country of interest.
2.4. The Seller and/or Personal Time reserve the right to change, at any time and without prior notice, the catalogue of Products on sale on the Site and/or the characteristics of each individual Product.
2.5. Prices are expressed in Euro and may be ‘VAT included’ or ‘VAT not included’, depending on the tax rules applicable to the specific order.
3.1. The presentation of products on the Site is not binding on the Seller and constitutes a mere invitation to propose.
3.2. The purchase order submitted by the Purchaser has the value of a contractual proposal subject to these GTCS, which form an integral part of the order. By transmitting the order, the Purchaser declares that he fully and unreservedly accepts these GTCS. Before purchasing the Products, by sending a purchase order, the Purchaser will be asked to read these GTCS and the notice on the right of withdrawal – referred to in Art. 10 below – to print a copy and to save or reproduce a copy for his own use.
3.3. Once the so-called “checkout” on the Site is completed, an “Order Confirmation” email is immediately sent to the Purchaser, to the email address indicated by the same. This email will also contain the link to the text of the GTCS, the details of the order placed (name and article code; quantity; price). The Purchaser’s order, the order confirmation and the GTCS applicable to the relationship between the Parties will be stored electronically by Personal Time on its computer systems for the time necessary to execute the order and the Purchaser may request a copy by sending an email to support_mt@personaltime.it .
3.4. The contract for the sale of the Products is concluded when the Purchaser receives the order confirmation from Personal Time by e-mail.
4.1. The Products can be purchased only and exclusively by following the procedure provided by the Site, which implies the selection of the Products of interest by the Purchasers, with their insertion in the “trolley”. After selecting the Product of interest, in order to make a purchase, in order to complete the order and consent to the conclusion of the contract, the Purchaser will be asked to: (i) register on the site, providing the requested information; or (ii) log in, if already registered; (iii) provide his/her own data. In order to make the purchase, the Purchaser will be asked to confirm his data (including, for example, his first and last name), the address for delivery of the selected Products, the billing address and a telephone number, for any communication regarding the purchase. A summary of the order to be carried out will then be displayed, which the Purchaser must expressly approve together with these GTCS, by means of the appropriate check-box on the Site. Finally, by means of the “Place Order” button, the Purchaser will be asked to definitively confirm his order, which will be sent to Personal Time, so as to produce the effects described in Article 3.2 above. For the purposes of instant payment by credit card, the Purchaser will be required to disclose his relevant data via a secure connection.
5.1. The delivery dates for the Products shown on the Site are purely indicative and not binding. Personal Time reserves the right to accept or refuse the order received from the Purchaser, depending on the actual availability of the Products, regardless of any indications contained on the Site, without the Purchaser being able to make claims or rights of any kind, for any reason whatsoever, including compensation in the event of total or partial non-acceptance of the order.
5.2. The delivery of the Products to the shipping address indicated by the Purchaser in the order is made by courier and within 30 (thirty) days from the date of conclusion of the contract. All the information required for delivery must be completed accurately. The Seller and Personal Time are not liable for non-delivery due to incorrect delivery address or telephone number. All additional costs resulting from delivery complications or non-delivery will be charged to the Purchaser in such cases. The Seller and Personal Time accept no liability for delays in the delivery of goods caused by malfunctions in the service provided by the courier and/or in cases of force majeure such as natural events, strikes, traffic congestion and periods of particular peak.
5.3. If a Product ordered by a Purchaser is not available for delivery despite order confirmation, Personal Time shall inform the Purchaser of the Product’s unavailability. Within 3 (three) working days of this communication, the Purchaser shall inform Personal Time whether he intends to:
a. obtain a refund of the price already paid, or as an alternative
b. wait until the Products are available in Personal Time’s warehouses, provided that they are still in production. In the latter case, delivery shall be made within thirty (30) days from the date on which the products are actually available at Personal Time’s warehouse.
5.4. The Products shall be shipped in the manner indicated on the Site at the time of the order. Upon receipt of delivery of the Products, the Purchaser undertakes to check, within and no later than 3 (three) days from receipt of the Products themselves, that the delivery is correct and includes all and only the Products purchased and to inform Personal Time of any defective products received or their non-conformity with the order placed in accordance with the procedure set out in Article 8 of these GTCS. If the parcel containing the Products should arrive at its destination visibly damaged, the Purchaser must refuse delivery by the carrier/shipper or take delivery as “conditional”.
5.5. Once the term referred to in Art. 5.4. has expired, in the absence of a complaint to the carrier/shipper, the Products delivered shall be deemed definitively accepted by the Purchaser.
6.1. The price of the Products, indicated on the Site at the time of the order, includes standard packaging costs, VAT (if applicable) and indirect taxes (if applicable). The price of the Products does not include shipping and delivery costs, calculated before the order is confirmed on the basis of the place of delivery, which the Purchaser undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. The Purchaser is obliged to pay the Seller the price and the shipping and delivery costs, as resulting at the end of the purchasing procedure of the Products on the Site.
6.3. In the event of delivery to a non-EU country, the price shall be considered net of any customs duties and any other taxes, in accordance with the legal provisions of the country of delivery of the Products. Before proceeding with the purchase, the Purchaser is required to enquire with the competent local authorities about the possible application of customs duties and/or taxes in the country of delivery of the Products, which shall remain the sole responsibility of the Purchaser and may in no case be charged to either the Seller or Personal Time.
7.1. Payment of the price and the shipping and delivery costs of the Products can only be made by credit card. For the purchase on the Site to be successful, it is necessary for the Purchaser to confirm acceptance of the cookies.
7.2. The payment and credit card data will not be accessible to either the Seller or Personal Time. The amount is debited directly from the card when the order is accepted, via the STRIPE platform.
8.1. Pursuant to and for the purposes of EU Directive 771/2019/EC concerning so-called “consumer goods” and Legislative Decree no. 206/2005 (“Consumer Code”), the Seller warrants to the Purchaser that the Products are free from defects in design and material and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Purchaser. The application of any warranty in the event of improper or incorrect use of the Product, or use that does not comply with the relative instructions and/or warnings provided by the Seller together with the specific Product purchased, is excluded. The Seller also warrants that the Product is of the quantity, quality, durability, functionality, compatibility and safety ordinarily found in goods of the same type.
8.2. The Purchaser may report any defects and non-conformities by notifying Personal Time by e-mail support_mt@personaltime.it, sending the form duly completed, with an indication of the defect and/or non-conformity found as well as the documentation indicated in the return form itself. The action aimed at asserting defects not maliciously concealed by the Seller shall in any case be time-barred within twenty-six (26) months from delivery of the Products to the Purchaser.
8.3. Following receipt of the form and accompanying documentation, Personal Time will assess the defects and non-conformities reported by the Purchaser and, after carrying out quality checks to verify the non-conformity of the Product, will decide, at its discretion, whether to authorise the return of the Products by notifying the Purchaser via the e-mail address provided. Any authorisation to return the Products does not in any way imply recognition of defects or non-conformities, the existence of which must be ascertained after return. Payments for which Personal Time has authorised reimbursement shall be made within 30 (thirty) days of notification of the defect or non-conformity.
8.4. In the event of defects or non-conformity, the Purchaser shall be entitled to have the Product’s conformity restored by Personal Time, through repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.
8.5. Should the Seller be obliged to reimburse the Purchaser for the price paid, the reimbursement shall be made by the same means of payment used by the Purchaser at the time of purchase of the Product.
10.1. The Purchaser has the right to withdraw from any contract concluded under these GTCS, without incurring any penalty, within 14 (fourteen) days: (i) from the day on which the Product is delivered; or (ii) from the date of receipt of the last Product, if several Products relating to one order are delivered at different times.
10.2. To exercise the right of withdrawal, the Purchaser must notify Personal Time, within the deadline indicated in Article 10.1 above, by sending an explicit statement to support_mt@personaltime.it using the contact form or to the email address support_mt@personaltime.it. The Purchaser may exercise the right of withdrawal exclusively using the form.
10.3. Upon completion of the requirements referred to in paragraph 10.2 above, the Purchaser will receive an e-mail confirming the withdrawal, containing the RMA Code. Within and no later than the following fourteen (14) days, the Purchaser is required to write the RMA Code on the form referred to in Article 10.2, and return the Products to Personal Time, together with the form referred to in Article 10.2, duly completed and bearing the RMA code, addressed to Personal Time Promotion s.r.l. – Via delle Industrie n. 41, 30024, Musile di Piave (VE), Italy.
10.4. If the Purchaser has already received the Product, he is obliged to return it to Personal Time without delay and, in any case, within fourteen (14) days from the day the withdrawal was communicated. The deadline is met if the Purchaser returns the goods before the expiry of the fourteen (14) day period. All shipping risks and direct costs incurred in returning the products shall be borne by the Purchaser.
10.5. In the event of withdrawal, the Seller shall refund the Purchaser the payments received and the costs incurred for the original shipment, excluding those relating to the return , within and no later than fourteen (14) days from the exercise of the right of withdrawal, using the same means of payment used by the Purchaser to purchase the Products. It is the Seller’s right not to make the refund until Personal Time has received the returned goods and has ascertained the conditions and reasons for the return.
10.6. The Purchaser is liable for any diminution in the value of the goods resulting from use other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (i.e. with signs of wear and tear, abrasions, nicks, scratches, deformations, etc.), not complete with all parts and accessories (including unaltered labels still attached to the Product), not accompanied by the instructions/notes/manuals provided, the packaging and the original warranty, if any, the Purchaser shall be liable for the diminished value of the Product and shall be entitled to receive a refund equal to the residual value of the same. To this end, the Purchaser is advised not to handle the Product, other than what is strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the Products plus additional protective packaging that will keep them intact and protect them from writing or labels.
11.1 All trademarks, trade names and other distinctive signs, as well as any names, images, photographs, written or graphic texts used on the Site or relating to the Products are and remain the exclusive property of Multitel Pagliero S.p.A.
11.2. The contents of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of Multitel Pagliero S.p.A.
13.1. The Seller and/or Personal Time take all measures to protect personal data against their loss, falsification, manipulation and misuse by third parties, taking into account the characteristics and technical limitations relating to the protection of electronic communications via the Internet. However, the Seller and/or Personal Time cannot guarantee that unauthorised third parties can fraudulently gain access to certain information or data displayed by the Purchaser on the site, even after authentication (login).
13.2. The Seller, with regard to credit card payment data, makes use of the services of the STRIPE platform, which adopts technological systems guaranteeing the highest levels of reliability, security, protection and confidentiality in the transmission of information via the Internet.
15.1. These GTCS and the contracts of sale entered into between the Seller and the Purchasers in execution of these GTCS shall be governed by and construed in accordance with the Italian laws in force and, in particular, the Consumer Code, with specific reference to the regulations on distance contracts, and by Legislative Decree No. 70 of 9 April 2003, on certain aspects concerning electronic commerce. This is without prejudice to the rights granted to consumers by any mandatory regulations in force in their country of residence.
15.2. The Purchaser has the right to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Purchaser. The European ODR Platform is developed and operated by the European Council in implementation of Directive No. 2013/11 / EU and Regulation (EU) No. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways to resolve domestic and cross-border disputes arising from online sales or service contracts between an EU resident consumer and an EU resident trader through the intervention of an Alternative Dispute Resolution (ADR) entity providing such services, as listed in the provided directory. For more information about the European ODR platform, or to file a complaint and initiate alternative dispute resolution procedures relating to the dispute arising from these GTCs and/or the inter partes sales contract, please use the following link: https://ec.europa.eu/odr. The e-mail address of the Seller to be reported to the European ODR Platform is: marketing@pagliero.com.
15.3. These GTCS and the inter partes sales contracts are subject to Italian law. In the event of a dispute, the court of residence or domicile of the Purchaser, if indeed a consumer and if in Italy, shall have jurisdiction pursuant to Article 66 bis of the Consumer Code.
Non-consumer Purchasers, pursuant to and in accordance with Articles 1341 and 1342 of the Italian Civil Code, specifically approve clause 1.2. concerning applicable law and exclusive jurisdiction.
Date of publication: 12.03.2024