The Terms and Conditions herewith set forth are enforced solely between the company Pè Pè SRL with registered office in Vigevano (27029 – PV) Viale Dei Mille n. 51, Register of Businesses of Pavia n. 147850…..VAT number 00283040186…and anyone, henceforth designated as the CUSTOMER, shopping on the website www.pepechildrenshoes.com. These terms and conditions may be amended and the publication date thereof in the website shall correspond to the date of entry into force.
The terms and conditions herewith set forth regulate purchases completed on the website www.pepechildrenshoes.com, in accordance with the provisions of Section III title III Chapter I of the Consumer Code Law Decree n. 206/2005, amended by the Law Decree n. 21/2014 and the Law Decree 70/2003 on e-commerce.
The website is intended for retail customers and, as such, can solely be used by Consumers.
ARTICLE 1- OBJECT AND PURPOSE OF THE AGREEMENT
Under the general sale terms and conditions herewith set forth, Pè Pè SRL shall sell and the CUSTOMER remotely purchase the goods described in the website www.pepechildrenshoes.com. The agreement is concluded solely through the web with the CUSTOMER accessing the website www.pepechildrenshoes.com and the completion of a purchase order according to the shopping procedures provided by the website.
Before confirming the order, the customer understands they must read the general sale terms and conditions set forth, first and foremost the pre-contractual statements provided by Pè Pè SRL and agree to them by ticking the checkbox.
Upon receiving the order confirmation e-mail, the CUSTOMER will be sent the link to download and save a copy of the sale terms and conditions as provided by art. 51 section 1 of the Law Decree 206/2005 amended by the Law Decree 21/2014.
ARTICLE 2- PRE-CONTRACTUAL STATEMENTS FOR THE CONSUMER -ART. 49 OF THE LAW DECREE 206/2005.
Before concluding the purchase agreement, the CUSTOMER must read the characteristics of the goods described in the product sheet referenced when choosing.
Prior to the order validation with “payment obligation”, the CUSTOMER shall be informed about:
- total price of the goods, including taxes, shipping costs and other charges, if any;
- payment methods;
- delivery terms Pè Pè SRL agree to comply with;
- terms and conditions regulating the right of withdrawal (art. 10 of this agreement) as well as the withdrawal form template pursuant to Annex I, part B of the Law Decree 21/2014;
- information according to which the CUSTOMER shall bear the costs deriving from returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
The CUSTOMER may at any time and, however, before concluding the contract, read the information about Pè Pè SRL, address, telephone and fax number, e-mail address. Said information being provided below:
Pè Pè SRL
REGISTERED OFFICE VIALE DEI MILLE N.51 – 27029 VIGEVANO (pv)
TEL.+39 (0)381 310994 FAX +39 (0)381 310208
CERTIFIED E-MAIL: firstname.lastname@example.org
ARTICLE 3 – ONLINE PURCHASE PROCEDURE
3.1 The purchase of items on the website can be completed either via check out as guest or after registering. The CUSTOMER can complete a free registration by filling out and forwarding the registration form with name, surname, e-mail address, password and address. Successful registration shall be confirmed via e-mail. Registration credentials must be used solely by the CUSTOMER and cannot be transferred to third parties. The CUSTOMER understands they must be kept secret and undertakes to not let third parties access them. The CUSTOMER must immediately notify Pè Pè srl in the event they suspect their credentials are being used improperly.
3.2 the CUSTOMER agrees to guarantee that personal information provided during the registration procedure is complete and truthful and understands the vendor shall be kept harmless and indemnified from any claim and/or penalty and/or damage deriving from breaching the regulations applying to the registration and purchase of products on the website. Every CUSTOMER may complete one registration only, therefore, should an individual be found to have completed multiple registrations, pursuant to art. 1456 c.c., Pè Pè srl reserves the right to terminate the contracts concluded.
3.3 Registration allows the CUSTOMER to carry out the following activities: 1-reference the order history; 2) keep track of shipment; 3) manage personal data; 4) manage the subscription to the newsletter.
3.4. Shopping on the website is only allowed to the people who access it as consumers pursuant to art. 3 I section a) of the Consumer Code provided they are 18 years old. Dealers, wholesalers and anyone intending to resell the products are not allowed to shop on the website.
3.5. Pè Pè srl reserves the right to decline orders deemed to be irregular, placed by customers with whom a litigation is under way, who have not provided complete and/or exact personal details and anyway whenever they deem it appropriate, without the CUSTOMER being entitled to request compensation claims.
ARTICLE 4 CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase agreement is considered concluded with Pè Pè SRL sending an order confirmation e-mail to the CUSTOMER. The e-mail contains the CUSTOMER’s details and order number, the selling price of the goods purchased, the shipping costs and the delivery address where shipping the goods and the link for printing and saving a copy of the terms and conditions herewith set forth.
4.2 The CUSTOMER agrees to verify the exactness of the personal data contained in the e-mail mentioned above and to timely notify Pè Pè SRL in the event of occurred changes / necessary amendments.
4.3 The purchase order having been completed through the website implies the CUSTOMER fully and unconditionally agrees to the Terms and Conditions herewith set forth.
ARTICLE 5 PRODUCT PURCHASE
5.1 The products under this purchase agreement are the footwear and accessories items presented in the e-catalogue published on the website which the CUSTOMER can view upon placing the order.
Every item comes with a product sheet describing the main product characteristics.
The product pictures and descriptions published in the website are as true to the real product characteristics as possible. It remains understood that such images and descriptions may not be fully representative of the items and should therefore be considered approximate and with the usual tolerance values.
5.2 The purchase agreement is entirely subject to successful payment (total amount due including selling price, shipping costs and extra charges, if any). Should the payment fail, the purchase agreement will be automatically terminated pursuant to art. 1456 c.c.
ARTICLE 6 PRODUCT AVAILABILITY
6.1 Product availability refers to the actual availability the moment the CUSTOMER is placing the order. Such availability, however, should be understood as approximate because, in the event of multiple users simultaneously visiting the website, the products might be sold to other customers prior to the order confirmation.
Should the product be no longer available due to the reasons specified above, namely in the event the product were no longer available, without prejudice to the rights of the CUSTOMER in accordance with the law and, first and foremost, pursuant to Heading XIV of Title II of Book IV of the Civil Code, Pè Pè srl shall immediately notify the user via e-mail.
6.2 If the hypothesis pursuant to art. 61, IV and V Section of the Consumer Code was to happen, and payment of the amount due had already been made, Pè Pé SRL shall refund the amount without unduly delay and, be that as it may, within 15 business days from the date of the order placement. The amount to be refunded shall be credited via the same payment method the customer used to complete the purchase.
Any delay in crediting the sum may be ascribable to the bank, the credit card or the payment method used.
6.3 In the event of orders placed for multiple items (Multiple Order), and in case a few items were not available, the contract is understood valid and effective for the items ordered and available. The purchase agreement concerning the products not available shall be partly terminated and limitedly to such products; should payment have already been made, refund of the price of the products that are not available, including the shipping costs, shall be arranged within 15 days from the date of the order placement.
6.4 In case none of the products as per the order placed is available, Pè Pè srl shall immediately notify the customer via e-mail. The customer will be entitled to immediately withdraw from the contract. In case payment had already been made, the price of the order and the shipping costs shall be refunded within 15 business days from the date of the order confirmation.
6.5. Should a computer, manual, technical error or an error of any other nature occur causing the purchase price to considerably change, without Pè Pè SRL being liable for it, and proving either exorbitant or manifestly low, the purchase order shall be considered invalid and cancelled, while the amount paid by the CUSTOMER shall be refunded within 14 days from the cancellation date.
ARTICLE 7 PRICES
7.1 The Prices detailed in the catalogue published on the website are expressed in euro and include VAT, if applicable.
The vendor reserves the right to update the product prices. It remains understood that the price applied to the contractual relationship shall be the price quoted in the website upon the purchaser’s placement of the order.
7.2. The purchase price does not include the shipping costs and other costs, if any, which are specified and calculated upon completion of the purchase process before settling the payment and anyway before the purchaser forwards the order.
ARTICLE 8 PAYMENT
8.1 Payment of the product can be processed by credit card Visa, Mastercard, American Express.
8.2 The sum due shall be debited to the credit card within 5 business days from the date of the order placement.
8.3 In order to ensure security of the payments settled on the website and prevent any fraud, Pè Pè srl reserves the right to demand that the user produce a front/back copy of their full valid ID and/or a document proving the exact home address. The e-mail with the request shall specify the deadline within which the document must be submitted to Pè Pè srl. Awaiting the document to be sent, the order will be understood as pending.
In the event Pè Pè srl does not receive the documents mentioned above within the deadline specified in the request e-mail, namely in case the purchaser has sent expired or invalid documents, the contract will be understood as automatically terminated pursuant to and for the purposes of art. 1456 c.c. and the order subsequently cancelled, without prejudice to the right of Pè Pè srl to compensation for damages it may incur as a result of non-compliant behavior of the CUSTOMER. Such termination shall be notified to the CUSTOMER via e-mail.
Should Pè Pè srl acknowledge receipt of the valid documents within the agreed deadline, the delivery terms will become effective starting from the date of receipt.
8.4 Pè Pè srl shall be authorized to demand that the customer provide the information as per the previous paragraphs and in the following cases: use of different delivery/billing address vs. the address communicated in the registration form, use of credit cards in the name of subjects other than the person having forwarded the order, orders exceeding 100,00 euro worth, and other cases at the sole discretion of the vendor.
ARTICLE 9 PRODUCT DELIVERY
9.1 Shipments on the Italian territory are made by courier.
Pè Pè srl shall not be liable for delivery delays ascribable to the courier’s sole responsibility
Pè Pè srl will entrust the product shipment to the courier only after receiving confirmation of the successful payment of the sum due. The risk of loss or damage of the products for reasons not ascribable to Pè Pè srl will be transferred to either the customer the moment the customer or a designated third party, will materially enter in possession of the product purchased, or to the courier if entrusted to the courier.
9.2. It is the CUSTOMER’s responsibility to verify the conditions of the product delivered. We thus recommend that the customer verify the number of products received and the integrity of the packaging, hence that it be not damaged, wet or anyway tampered with regards to the packaging material. Also, the customer is kindly requested to report any anomalies in the courier’s transport document, and to conditionally accept the package. Unconditional receipt of the products, in fact, prevents the CUSTOMER from taking legal action against the courier, should the products have been lost or damaged.
9.3 The products shall be delivered to the address communicated by the purchaser upon placing the order. The delivery terms are those specified in the order summary and confirmation. In the event the delivery terms are not specified, delivery will be completed within 30 days from the date of the agreement conclusion.
The purchaser acknowledges that if the purchase is completed by 11.59pm, the order is understood as confirmed and paid on the same day. Conversely, if the purchase is completed after midnight (00.00am), the order will be understood as confirmed and paid the day after. By Italian standards, Saturday and public holidays are excluded from the term calculation.
9.4 The shipping costs shall be borne by the purchaser as per the rates specified during the purchase process, in the order summary and, anyway, before the user forwards the order, and in the order confirmation e-mail as well.
9.5 Should the need arise to refund the shipping costs of Multiple Orders, Pè Pè srl shall refund the entire sum of the shipping costs in case withdrawal or termination of the agreement concerns all the products as per the Multiple Order. In case withdrawal or termination applies to just a few products, the refund shall be calculated proportionally to the cost of each product.
9.6 Should delivery be not successfully completed because the recipient is not to be reached at the address communicated by the purchaser, the courier will drop a notice of transit in the mailbox. After two failed delivery attempts or in case delivery cannot be successfully completed due to an error in the address communicated by the purchaser, the package will go into storage at the courier’s, who will notify Pè Pè srl.
9.7 The Purchaser acknowledges that collection of the package is an obligation deriving from the product purchase agreement and, consequently, understands that, three days after the package has gone into storage, the agreement will automatically be terminated pursuant to and for the purposes of art. 145 c.c.
ARTICLE 10 – RIGHT OF WITHDRAWAL
10.1 In accordance with the law provisions in force (art. 52 et seq. of the Consumer Code), the CUSTOMER may withdraw from the purchase agreement with no extra fees and without giving a reason within 14 days from the date of receipt of the products.
In the event of Multiple Orders placed by the CUSTOMER at once and shipped separately, the 14-day deadline is effective as of the date of receipt of the last product.
In the event of an agreement about the supply of custom-made items, the right of withdrawal is not applicable pursuant to art. 59 of the Consumer Code (exceptions to the right of withdrawal).
10.2 The CUSTOMER may exercise the right of withdrawal and will have to explicitly notify Pè Pè SRL in sending the withdrawal form either via email or certified e-mail as per Annex I Part B of the Law Decree 21/2014 (not compulsory), the text of which is provided below:
Withdrawal form template pursuant to art. 49 section 1 subparagaph h)
(please fill out and send the attached withdrawal form if you intend to withdraw from the agreement)
Pè Pè srl Viale Dei Mille n. 51 – 27029 Vigevano - ITALY
Telephone number +39 (0)381 310994 Fax +39 (0)381 310208
certified e-mail: email@example.com
I/We herewith notify withdrawal from my/our purchase agreement of the following goods
-Placed on / Received on
10.3 Pursuant to art. 57 of the Consumer Code, in the event the CUSTOMER exercises the right of withdrawal, he/she must return the goods within 14 days from notifying Pè Pé srl about his/her decision to withdraw from the contract pursuant to art. 57 of the Law Decree 206 / 2005. The customer shall bear the costs arising from returning the goods.
The goods will have to be returned to Pè Pé srl, ITALY, Vigevano – 27029 - Viale dei Mille n. 51.
10.4 The customer is liable for returning the products to Pè Pè srl.
10.5 Pè Pè srl shall arrange for the refund of the sums already paid for the product within 14 days from the date of the customer’s notification concerning their decision to withdraw from the contract. Refund might exceed the 14-day period until the customer demonstrates to have sent back the goods or until the vendor has received them, depending on what occurs first.
10.6 The goods will have to be returned intact, in original condition (original packaging, documents and with any accessory supplied) and include the fiscal documentation as well as all the accessories and package insert, identification tags and original labels, if any, still attached to the product, not damaged and tampered, as well as fit to the intended use and without signs of wear or dirt. If not, withdrawal will not apply and Pè Pé srl will reserve the right to reject the returned goods.
10.7 Furthermore, withdrawal is only applicable to the whole product. Hence, the withdrawal right cannot be exercised in relation to single product parts and/or accessories. Should the product fail to meet the original requirements of integrity and show signs of wear or damage for reasons not ascribable to Pè Pè srl, the customer will not be entitled to any refund.
10.8 Should the goods be impaired due to the product having been handled in a manner other than necessary to establish nature, characteristics and functioning, the refund sum will be decreased proportionally to the impairment. Pè Pé srl shall notify the customer about the above circumstance and smaller refund sum within 5 business days from receipt of the product and, should the refund have already been arranged, Pè Pé srl shall communicate the bank details to the customer for paying the amount due to the product impairment.
10.9 Should withdrawal have not been exercised in accordance with the applicable law, the contract will not automatically terminate and, accordingly, the customer will be entitled to no refund. Pè Pè srl shall notify the customer within 5 business days from receipt of the product and turn down the withdrawal request. In case the product had already been sent back to Pè Pè srl, it shall be kept at the latter’s premises available for the customer to collect it within 30 days and to pay for the collection costs. Should this not be the case, the product shall be held at Pè Pè srl.
ARTICLE 11 PRODUCT GUARANTEE AND CONFORMITY
11.1 The products for sale on the website comply with the regulations applicable in Italy and are subject to the Legal Guarantee of Conformity pursuant to art. 128-135 of the Consumer Code (legal guarantee).
The vendor shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered and that becomes apparent within two years from the date of delivery. The conformity defect must be notified to the vendor, under penalty of forfeiture of the guarantee within two months from the date of discovery.
Unless proved otherwise, it is assumed that any lack of conformity which becomes apparent within six months of delivery of the products already existed on that date, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity. From the seventh month following the delivery of the product, it will be the consumer’s responsibility to prove that the defect existed at the time of delivery of the same.
11.2 In order to benefit from the legal guarantee, the user must first provide proof of the date of purchase and delivery. Therefore, the user, for purposes of this test, should keep confirmation or invoice as well as any other document that can prove the date of purchase execution and the date of delivery.
11.3 There is a lack of conformity, when the purchased good is not suitable for the purposes for which goods of the same type are normally used; does not comply with the description given by the seller and does not possess the qualities and performance the consumer can reasonably expect from goods of the same type;
11.4 In principle the guarantee does not apply when the product defect/defects are caused and/or derive from:
a-damage due to improper use or negligence (exposure to chemicals or caustic agents, open flame, high heat, sharp objects);
b-damage due to improper use or purposes other than those they are intended for (e.g. footwear used for practicing sport, etc.);
c-repairs not authorized in writing by Pè Pè srl;
d-standard material wear;
11.5 In the event of lack of conformity duly reported, the customer is entitled to:
-at his discretion, the free repair or replacement of the goods, unless the remedy requested is objectively impossible or disproportionate vs. the other one; secondly (namely in case repair or replacement is impossible or disproportionate) to have an appropriate reduction of the price or termination of the contract at their choice.
11.6 The remedy requested shall be considered disproportionate if it imposes costs on the seller which, in comparison with the other remedy, are unreasonable, taking into account - the value the goods would have if there were no lack of conformity – the significance of the lack of conformity – whether the alternative remedy could be completed without significant inconvenience to the consumer.
11.7 The product vis-à-vis which the customer reports lack of conformity will have to be sent back to Pè Pè srl, who shall inspect the existence or otherwise of the alleged conformity defect reported and reserves the right to demand that the purchaser attach the purchase invoice and any other document fit to prove the delivery date.
11.8 In any case, repair or replacement, if due, of faulty products shall be carried out in the shortest time possible and, anyway, except in the event of unforeseen circumstances or cases of force majeure, within 60 days from receipt of the defective product. In the event the replacement or repair initially chosen were not completed within the agreed terms, the user may demand one of the alternative remedies provided by the Legal Guarantee (replacement, in case they had opted for repair; repair in case they had opted for replacement; price reduction or contract termination).
ARTICLE 12 PRIVACY
12.1 Designated as Data Controller of the CUSTOMER’S personal data pursuant to and for the purposes of the EU Regulation in force (GDPR), Pè Pè srl herewith informs the CUSTOMER that their data shall be processed in keeping with the abovementioned regulation. The customer may review the personal data processing procedure and purposes on the website concerned.
ARTICLE 13 COOKIES
13.2 Users can deactivate cookies by activating the purpose-built configuration while remembering that, by taking this step, the website www.pepechildrenshoes.com may be active limitedly to some pages and services, thereby limiting the user’s experience.
ARTICLE 14 COPYRIGHT
14.1 All the texts, images and brands/trademarks published in the website www.pepechildrenshoes.com are the property of Pè Pè srl and are protected by the copyright and intellectual property law. Any unauthorized use will be prosecuted by the law.
ARTICLE 15 LIABILITY
15.1 Pè Pè srl shall not be liable for any inconvenience or damage deriving from using the web, including service disruptions, external intrusion, presence of computer viruses or any other force majeure event.
15.2 Also, Pè Pè srl shall not be held liable for not fulfilling contract obligations in case of chance or force majeure events.
ARTICLE 16 INTEGRATIONS
Should any provision of this contract be invalid following a legislation amendment, in no way will the validity of the remaining clauses be compromised which shall be integrated by the corresponding legislative provisions.
ARTICLE 17 GOVERNING LAW AND JURISDICTION
17.1 The sale terms and conditions set out in this purchase agreement are governed by the Italian law.
17.2 Any dispute arising in relation to the application, execution and interpretation of the Sale Terms and Conditions under this Agreement shall be settled by the court where the user has their habitual place of residence if located on the Italian territory.
17.3 Pursuant to art. 141-sexies section III of the Law Decree 2005 / 206 (Consumer Code) in the event that a dispute cannot be settled, we inform the consumer residing in Europe that the European Commission has set up an online platform that provides an alternative dispute resolution tool. Such tool may be used by European consumers to settle out of court any dispute relating to and/or arising from contracts of sale of goods and services entered into online. Accordingly, should the CUSTOMER be a consumer based in Europe, they may use the platform to settle any dispute arising from the online contract entered through this website.
Irrespective of the outcome of the out-of-court dispute settlement described above, the customer has the right and the possibility, if the conditions are met, to bring proceedings in court to promote an out-of-court settlement of the dispute in relation to consumption by resorting to the procedures as per Part V Title II – bis of the Consumer Code.
17.4 Consumers may in no circumstances be deprived of their right to apply to Courts with jurisdiction in this area, irrespective of the outcome of any out-of-court proceedings.
ARTICLE 18 CUSTOMER CARE AND CLAIMS
The customer can ask for information, send communications, seek help or file a complaint by contacting the seller at the following e-mail address: firstname.lastname@example.org ……
ARTICLE 19 UNFAIR CLAUSES
The General Sale Terms and Conditions herewith set forth pursuant to the Consumer Code and its later amendments do not contain unfair clauses for the customer and do not require dual approval. By ticking the checkbox, however, the General Sale Terms and Conditions are understood as read and fully accepted.