Terms of sale
TERMS OF SALE
PREAMBLE
These general conditions of sale called "GCS" are understood to be stipulated between:
- The company PRANDINA SRL incorporated under Italian law, with a fully paid-up share capital of €102,960.00. REA of Vicenza n° 194533 CF/VAT NUMBER/R.I. IT01930670243 hereinafter referred to as "PRANDINA" or "PRANDINA LIGHTING STORIES";
AND
- any natural or legal person who visits, makes a purchase on the site https://shop.prandina.it/, hereinafter referred to as "the customer";
PRANDINA owns the domain name https://shop.prandina.it/ and it manages it.
The purpose of these GCS is to define the rights and obligations of the parties in the context of the online sale of goods and services on the site / the online store / https://shop.prandina.it/
The GCS are in English, Italian and French, as are all the information contained on the site https://shop.prandina.it/
These GCS express all the obligations of the parties. The customer declares to have read and accepted without reservation all the provisions set out in these general conditions. Any order placed on the site implies unreserved acceptance of these GCS.
It should be noted that the sales offer is aimed at both private consumers and professionals (see definitions in article 1). However, specific provisions concern only private consumers (right of withdrawal in particular).
The GCS can be consulted at any time on the website https://shop.prandina.it/ by clicking on the GCS link located in the bar at the bottom of the page.
Site independence with shops and showrooms
The functioning of the PRANDINA online sales site is totally independent from the PRANDINA shops and showrooms.
The offers on the site are therefore independent of those offered in PRANDINA shops and showrooms.
Furthermore, the promotions offered on the site are valid only for purchases made online and cannot under any circumstances be claimed in PRANDINA sales points and showrooms.
The products purchased on the https://shop.prandina.it/ website cannot in any case be returned, exchanged, refunded or be the subject of any claim in the shop.
The customer must follow the procedures described in articles 9 and 10 in the event of a complaint or exercise of the right of withdrawal.
Coverage of the offer:
The geographical area covered by the offer of the online shop on https://shop.prandina.it/ corresponds only to the markets indicated here, as well as the geographical area affected by deliveries:
• France, Belgium, Netherlands, Luxembourg, Germany, Austria, Italy, Poland, Spain, Denmark, Estonia, Lithuania, Latvia, Hungary, Czech Republic, Slovakia, Slovenia, Romania, Bulgaria.
ARTICLE 1 - DEFINITIONS
1.1. - "Customer" means any user who browses, learns about, books, orders and/or purchases a product or service offered on the site.
1.2. - “Consumer”: means any natural person who participates in an exchange of a commercial nature for personal, family or domestic purposes. Must be an adult and legally capable.
1.3. - “Professional”: natural or legal person who acts within the scope of his professional or commercial activity.
1.4. - "Product" refers to any product offered on the site.
1.5. - "Service" means any service offered on the site.
1.6. - "Site" indicates the infrastructure developed by PRANDINA according to computer formats usable on the Internet including data of various kinds, and in particular texts, sounds, still or animated images, videos, databases, intended to be consulted by the customer to find their products and services.
1.7. - “Internet” refers to various networks of servers located in various locations around the world, interconnected via communication networks and communicating via a specific protocol known as TCP/IP.
ARTICLE 2 – PRODUCTS’ CHARACTERISTICS AND PRICES
2.1 - The products governed by these General Conditions are those that appear on the Site and that are indicated as sold and shipped by PRANDINA (the "Products").
The Products are described and presented as accurately as possible on the site.
The photographs of the Products are not contractual. They are as faithful as possible but cannot guarantee a perfect resemblance to the products offered, especially as regards the colours.
If errors, inaccuracies or omissions may have occurred in this presentation, textual or visual, the seller's liability cannot be assumed.
2.2 - The prices are indicated inclusive of VAT (all taxes included) and therefore inclusive of VAT for products delivered in the European Union. Any change in the legal rates of VAT will be transferred to the prices of the products and services presented on the site, on the date set by the application decree referred to therein. The prices of the Products presented on the site are net of assembly and delivery costs (shipping, packaging and creation of the package according to the amounts in force).
The amount of the delivery costs will be specified in the order summary before validating the cart.
If one or more taxes or contributions, especially environmental ones, should be created or modified, upwards or downwards, this variation may be transferred to the sale price of the Products present on the Site and on the various means of sale. Prices can be changed at any time on the site, however a price cannot be changed once the customer's order has been validated.
The assembly must be carried out by the customer, unless he has made a prior request for this service, which will be billed to him.
ARTICLE 3 – ORDER
The customer has the possibility to place his order online from the online catalog on this website.
Any order implies acceptance of the prices and description of the products available for sale.
Any dispute in this regard will take place in the context of a possible exchange and of the guarantees indicated below.
ARTICLE 4 - AVAILABILITY OF THE PRODUCTS
The offers and deadlines indicated are valid at the time of consultation of the site by the customer. The products are available within several days or several weeks.
PRANDINA undertakes to honor the orders received on the site within the indicated terms.
The PRANDINA eshop makes every effort to update the announced deadlines. The unavailability of an article obliges PRANDINA eshop exclusively to refund the price paid at the time of the order, without in any case any damage.
For products available with a delay of several weeks, the extension of the delay can in no case give rise to the cancellation of the order or a refund.
ARTICLE 5 - VALIDITY OF THE ORDER
The online provision of the credit card number and the definitive validation of the order will be valid as proof of the integrity of the order itself according to the provisions of the law of 13 March 2000 and will be valid for the payment of the sums committed by the order.
This validation is worth signing and express acceptance of all operations carried out on the site.
However, in the event of fraudulent use of his credit card, the customer is invited, as soon as such use is observed, to contact the PRANDINA eshop customer service at the following email address: sales@prandina.it
The computer records, stored in the computer systems of PRANDINA eshop in reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.
It is expressly agreed that, except for a manifest error on the part of PRANDINA, the data stored in the information system have probative value with respect to the orders placed by the customer. The data on IT or telematic support constitute valid proof and as such are admissible under the same conditions and with the same probative value as any document that should be drawn up, received or kept in writing.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy pursuant to article 1348 of the civil code.
ARTICLE 6 - CONFIRMATION AND FOLLOW-UP OF THE ORDER
Once the cart has been validated, the customer must accept the general conditions, fill in the address and choose the delivery method, and finally validate the payment method, this last step formalizing the sales contract between PRANDINA eshop and the customer. In any case, the validation of the cart implies acceptance of the General Conditions of Sale.
PRANDINA will confirm receipt of the order as soon as it is validated by sending an e-mail. The customer is invited to keep this order confirmation number for any subsequent correspondence.
In some cases, especially non-payment, incorrect address or other problems on the customer's account, PRANDINA reserves the right to block the customer's order until the problem is resolved.
For reasons of limiting fraud, PRANDINA reserves the right to accept the sale to ask the customer to justify his identity and place of residence, as well as the means of payment used. In this case, the order will be processed upon receipt of these documents. PRANDINA reserves the right to cancel the order in the absence of receipt of such supporting documents or receipt of supporting documents deemed non-compliant.
For any question relating to the follow-up of an order, the customer must contact sales@prandina.it
ARTICLE 7 - PAYMENT TERMS
The customer has the option to pay for his purchases with:
- VISA CARD, MASTERCARD and AMERICAN EXPRESS
The customer guarantees that he has the necessary authorizations to use these payment methods.
Payment by credit card is made directly on the Paypal site. The customer must be the owner of the CB used.
The site guarantees the security and registration of the payment order. PRANDINA never has access to customers' credit card data, which is encrypted to ensure payment security, and in no case stored on the PRANDINA server.
The full amount of the order is debited from the customer's account as soon as it is placed. Payment of the full amount is charged at the time of the order.
PRANDINA will have the right to cancel any order if the customer's IP address is domiciled in a country other than the delivery address and/or the domicile address of the CB.
ARTICLE 8 – DELIVERY
8.1 – Terms
The delivery coverage area is as follows: France, Belgique, Pays-Bas, Luxembourg, Allemagne, Autriche, Italie, Pologne, Espagne, Danemark, Estonie, Lituanie, Lettonie, Hongrie, République tchèque, Slovaquie, Slovénie, Roumanie, Bulgarie. In this coverage area, the customer has the option of having it delivered to his home or to another address. The products are delivered to the address indicated in the order form and indicated in the order confirmation.
PRANDINA offers different delivery methods defined with its logistics service providers:
- Delivery by courier with appointment. Deliveries of large parcels are made by appointment, but not with floor service.
- Collection of the product at an authorized dealer.
Shipping costs are indicated in the appendix.
PRANDINA reserves the right to change the logistics service provider if another seems more suitable, without affecting the delivery costs charged to the customer.
For any questions about delivery terms, please contact PRANDINA by email at sales@prandina.it
The delivery times indicated on the site start from the first working day following the date of receipt of the order confirmation. Compliance with them assumes that the delivery information is correct. In case of an order including products with different deadlines, the delivery will take place immediately, when all the products ordered are available. If the customer wishes a partial delivery of the available products faster, he will be invoiced additionally. For this, contact PRANDINA by e-mail at sales@Prandina.it.
If the products to be delivered cannot be transported within the "place of delivery" due to the cramped conditions of the premises or the methods of access (truck access, stairs, lift, etc.), PRANDINA may subordinate the delivery, with additional charged to the customer, subject to agreement with a prepared estimate.
8.2 - Withdrawal in case of absence of the customer
If the customer is absent during delivery, the carrier will leave a transit notice in the customer's mailbox. The customer can then arrange another transfer or collect the products at the address and according to the terms indicated in the delivery notice by the carrier.
In case of non-collection by the customer within the established term, the products will be returned to PRANDINA. At the request of the customer, PRANDINA will study the possibility of reimbursing the customer, excluding the delivery costs which will remain at his expense.
8.3 - Delivery compliance
Delivery is considered to have taken place upon delivery of the product to the carrier. The products travel at the customer's risk. The delivery note issued by the courier, dated and signed by the customer at the time of delivery, will constitute proof of transport and delivery.
Upon delivery, the customer is required to check its conformity, check the general conditions of the package in the presence of the courier and, in case of doubt, check its contents. In case of problems, he must refuse the delivery and mention his precise handwritten reservations characterized and dated on the courier's voucher, specifying the condition of the package, the name or the quantity of the missing product...
ARTICLE 9 – CLAIMS
Claims for non-compliance, missing or defective products must be reported directly by e-mail to sales@prandina.it, within two working days of delivery of the package. The customer is required to keep the packaging and the delivery note which will be requested. The customer must be able to provide every element that justifies the reality of the complaint.
To be accepted, any return must be reported in advance by writing to sales@prandina.it. The granted return number must appear prominently on the return packaging. (see DELIVERY section) Upon receipt and validation of the returned product, PRANDINA will return the initially ordered product at its own expense. In case of out of stock, it will offer the customer another equivalent product, or a refund of the amount paid by the customer (purchase + delivery costs).
It should be noted that a color variation observed between the delivered product and its representation on the site will not constitute grounds for refusal of delivery or complaint. Likewise, in the event of an order for additional elements, the nuances of color cannot constitute a reason for contesting or rejecting the goods.
ARTICLE 10 - RIGHT OF WITHDRAWAL
Pursuant to article L 121-20 of the Consumer Code, the consumer has a right of withdrawal for 14 working days from the day of receipt of the order, to be returned at his own expense to the following address:
PRANDINA SRL
Via Rizzi, 79
36055 Nove (Vicenza)
Italy
the products received, without having to justify a reason, and request the exchange or refund.
Pursuant to article L 121-20-2 of the Consumer Code, any order for made-to-measure or personalized products cannot be canceled by PRANDINA or refunded. In case of exercise of the right of withdrawal, the customer must make a return request by writing to sales@prandina.it notifying the return form to its shipment with the product in question. The products must be returned, unused, intact, complete, in their new condition, carefully packed in their original packaging following the procedure set out in the DELIVERY section at the bottom of the site page. Returned products travel at the customer's risk.
Any product that is damaged, incomplete, missing or whose original packaging has been damaged will not be refunded. In case of exercise of the right of withdrawal, PRANDINA will make every effort, after having received and verified the condition of the product, to refund the sums paid (purchase price) within 30 days to the attached account to the credit card used for payment.
ARTICLE 11 - TRANSFER OF RISKS
It should be remembered that the transfer of risks takes place upon delivery of the products by PRANDINA to the carrier. The products travel at the customer's risk. The same applies in case of return of the product.
During the withdrawal period, the customer is responsible for the matter as a guardian. In the event of deterioration or destruction of the product while in the customer's custody, the latter will suffer the consequences.
ARTICLE 12 – WARRANTIES
All Products for sale on the Site benefit from the legal guarantee of conformity (L211-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing the Customer to return the Products delivered defective or non-compliant.
This guarantee covers the replacement and guarantee of parts, labour, replacement or reimbursement of the Product (in the event of impossibility of repair recognized by PRANDINA or by the manufacturer or, if the repair proves too expensive, replacement with the same or similar model).
The warranty excludes the replacement of parts whose wear is normal or due to abnormal use of the Product. Faults related to incorrect connection of the Product or non-compliance with the instructions for use, shocks, lack of use or maintenance or causes external to the equipment (lightning, damage caused by water, etc.) are also excluded. It should also be remembered that all finishes may undergo color variations over time due to the effect of light, ageing, etc. No objection is therefore admissible in this regard.
For the implementation of the guarantee, the customer must contact the PRANDINA after-sales service by e-mail at the following address: sales@Prandina.it.
No returns will be accepted without prior agreement materialized by the issuance of a return agreement number and form. This return agreement, delivered by email or by post, is valid for a period of 8 working days.
Once the return number has been assigned, the defective product must be sent back to the following address:
PRANDINA SRL
Via Rizzi, 79
36055 Nove (Vicenza)
Italy
in its original packaging, complete (with manuals, accessories, etc.), all protected by an overpack clearly bearing the return number communicated by PRANDINA. The customer must attach the return slip and the original purchase invoice to his shipment.
Please note that returned products travel at the customer's risk.
ARTICLE 13 – ENVIRONMENT
PRANDINA makes sure to collaborate as much as possible with producers who comply with European standards in terms of environmental protection.
ARTICLE 14 – CONFIDENTIALITY
To guarantee the confidentiality and security of the data transmitted on the web, the PRANDINA eshop site uses a secure payment form of the SSL (Secure Socket Layer) type.
ARTICLE 15 - PERSONAL DATA
PRANDINA eshop reserves the right to collect customer data, in particular through the use of cookies.
PRANDINA eshop may, for commercial reasons, transmit the identity and contact details of the Users of the services to a commercial partner. The customer can expressly oppose the communication of his data at the time of the order. To do this, all he has to do is report it by writing to sales@prandina.it.
It is recalled that the information provided in an order form is subject to automated data processing. The purpose of this automated processing is to define a level of analysis of a transaction and to combat credit card fraud.
In accordance with the amended law of January 6, 1978, the customer has a right of access, opposition and rectification of data concerning him, directly by email to: sales@Prandina.it or by writing to the following address:
PRANDINA SRL
Via Rizzi, 79
36055 Nove (Vicenza)
Italy
ARTICLE 16 – LIABILITY
PRANDINA eshop undertakes to describe the products sold on its website with the utmost accuracy.
PRANDINA eshop cannot in particular be held responsible for a variation in color observed between the product delivered and its representation on the site.
In any case, the Seller's liability cannot be assumed in the event that the non-fulfilment of its obligations is attributable either to the unforeseeable and insurmountable event of a third party contractor or to a case of force majeure.
Likewise, the Seller cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular an interruption of service, an external intrusion or the presence of computer viruses.
ARTICLE 17 - FORCE MAJEURE
The responsibility of one or other of the parties cannot be sought if the execution of the contract is delayed or prevented due to force majeure or unforeseeable circumstances, attributable to the other party or to third parties or due to external causes such as, in particular, social conflicts, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.
ARTICLE 18 - INTELLECTUAL PROPERTY
The PRANDINA sites are protected works. PRANDINA holds the existing copyright on each of the pages of its site, on its tree structure and on each of the elements appearing on it (photos, texts, etc.). As such, any use or reproduction is strictly prohibited and renders the offender liable to the penal penalties provided for forgery.
Furthermore, PRANDINA is the owner of all the images/photos and logos of the products on the site. These elements are used on the site in agreement with the partner brands/manufacturers who hold the rights.
Their disclosure cannot in any way be interpreted as a license grant or right to use any of the aforementioned trademarks and distinctive elements protected by copyright. They cannot therefore be used by third parties, on pain of counterfeiting.
Therefore, none of the documents on the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way.
The customer who has a personal website and who wishes to insert, for personal use, a simple link directly to the PRANDINA e-shop site, must request prior written authorization from PRANDINA. In any case, any unauthorized link must be removed upon PRANDINA's simple request.
ARTICLE 19 – DURATION
These conditions apply for the entire duration of the online services offered by PRANDINA. The applicable conditions are those in force on the site on the date the order is placed. Since the PRANDINA eshop services are subject to change, as is the legislation, updates to these GCS may occur. They will take effect as soon as they are posted online and will then apply immediately to any order placed on or after that date.
ARTICLE 20 - GENERAL PROVISIONS
20.1 - Entire contract
The parties acknowledge that this agreement constitutes the entire agreement between them.
Please note that the operation of the PRANDINA eshop online sales site is totally independent of the PRANDINA shops and showrooms. The offers offered on the site are therefore independent of those offered in PRANDINA shops and showrooms.
The promotions offered on the site are valid only for purchases made online and cannot under any circumstances be requested in PRANDINA shops and showrooms.
20.2 - Nullity
Should any of the clauses of this contract prove to be invalid by law in force or by a court decision which has become definitive, it would be deemed unwritten, without however entailing the nullity of the contract or altering the validity of other provisions.
20.4 - Domiciliation
The parties elect domicile at the addresses indicated in the order form for the customer and at the address which appears on the PRANDINA eshop website.
20.5 - Applicable law and disputes
The competent Court in the event of a dispute will be that of the place of residence of the defendant or, at the choice of the defendant, of the place of actual delivery of the product.
In the event of a sale to a trader, the parties undertake to submit their dispute exclusively to the Court of Vicenza, notwithstanding any incidental claims or any recourse under guarantee, or in the case of several defendants, and this even in the event of a contrary stipulation on any letters or documents from the customer.
In no event does PRANDINA eshop provide any guarantee of compliance with local legislation which would be applicable to the customer when accessing the Site from other countries.
20.6 - Language of the contract
These GTCS are written in English, which is the reference language, even if they should exist in other languages. Consequently, in the event of an interpretative divergence between two versions, only the English version will prevail.