General Terms and Conditions of Sale
1. Online Purchases: Definitions And Subject Matter Of The Contract
1.1 The supplier of the products is Bros Manifatture s.r.l., hereinafter referred to as the “Company”, with registered office in Via G. Rossa, 1, 63833 Montegiorgio (FM) – Italy.
1.2 The term “Site” refers to the website paanegonda.com, dedicated to the sale of Bros Manifatture S.r.l. products.
1.3 An “online” sales contract is understood as a distance contract, i.e., a legal transaction regarding movable goods and/or services concluded between a supplier, “Bros Manifatture s.r.l.”, and a consumer, as a customer within a distance selling system organized by the supplier, which, for this contract, exclusively employs distance communication technology known as the “Internet”.
1.4 All contracts shall, therefore, be concluded directly through the consumer/customer accessing the website at the address paanegonda.com where, by following the indicated procedures, they will conclude the contract for the purchase of the goods.
1.5 A consumer is understood to be a natural person who purchases goods and services for purposes not directly related to their professional activity.
1.6 The term “Order” refers to the request form for products for sale, completed by the Customer via the Site. The “Products” are the goods for sale on the Site, based on the general terms and conditions of sale. The “Price” is the consideration for the sale of the products.
1.7 The “Parties” are “Bros Manifatture S.r.l.”, hereinafter referred to as the “Company”, and the buyer, hereinafter referred to as the “Buyer” or “Customer”.
2. Applicable Regulations
2.1 Purchases made on the site paanegonda.com are regulated by these General Terms and Conditions of Sale, as well as by the conditions indicated from time to time on the aforementioned site at the date of the conclusion of the contract (price list, type, technical characteristics), as well as by the provisions of Legislative Decree no. 206/2005 regarding consumer protection (arts. 45 – 68 concerning distance contracts and arts. 128-135 concerning the guarantee on the conformity of goods), and finally by the provisions of Legislative Decree no. 70/2003 regarding electronic commerce.
2.2 These General Terms and Conditions of Sale must be considered an integral and essential part of the contract: the Customer is therefore invited, before sending the order, to carefully read these General Terms and Conditions of Sale and the information described herein, printing them or saving them on another durable medium accessible to them.
2.3 The submission of the order by the Customer acts as acceptance of the General Terms and Conditions of Sale in force, understood as those published on the site paanegonda.com at the time of the submission of the orders by the Customer.
2.4 The items on the site may be purchased, while stocks last, only by those who have reached the age of eighteen.
3. Customer Obligations
3.1 Upon completion of the online purchase procedure, the Customer undertakes to print and save these general terms and conditions, which they will have already viewed and accepted as a mandatory step in the purchase process, as well as the specifications of the product being purchased.
3.2 These terms and conditions may be updated or amended at any time by the Company, which will provide notice thereof by posting an announcement on the website. The consumer undertakes and is obliged, whenever there is a change to these general terms and conditions, to print and save them.
3.3 The purchaser is prohibited from entering false, invented, and/or fictitious data in the registration procedure necessary to initiate the process for the execution of this contract and the related further communications; personal data and e-mail addresses must be exclusively their own real personal data and not those of third parties or fictitious.
3.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter the data of third parties.
3.5 The Company Management reserves the right to legally prosecute any violation or abuse in the interest and for the protection of all consumers.
3.6 The Customer shall indemnify the Company from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Customer, as the Customer is solely responsible for their correct entry.
4. Prices
4.1 The prices indicated on the paanegonda.com website are expressed in euros, are to be understood as inclusive of VAT as well as any other tax or duty, and refer solely to products sold online.
4.2 The price applied will be that in force at the time of the order, regardless of any subsequent price increases or decreases (e.g., due to promotions introduced subsequently).
4.3 The Company reserves the right to change product prices without prior notice: any new amounts will be effective from the moment they are published on the paanegonda.com website and will be applied to sales made from that moment on.
4.4 Shipping costs must be added to the price: these costs will be calculated based on the weight and quantity of the products and based on the order's destination; in the event of delivery abroad, any additional costs due to taxes or duties provided for by the legislation in force in the country of destination will be borne by the Customer.
4.5 The total amount of the order (price + shipping costs) will be visible before proceeding with the purchase confirmation.
4.6 Tax documentation will be issued by the Company upon delivery of the products: it will indicate in detail the products purchased and the relative prices.
5. Product Features And Availability
5.1 The product characteristics are those visible online at the time the order is placed.
5.2 The Company displays the products in the most truthful and accurate way possible; however, the colors, as well as other aesthetic characteristics of the displayed product, may vary due to the user's monitor, as well as other technical reasons not attributable to the Company, which, therefore, does not guarantee that the colors, as well as the other technical and aesthetic characteristics displayed, are reproduced on the screen in a way that perfectly corresponds to reality.
5.3 The type of products published online and their availability (this indication is to be considered non-binding) may vary at any time without this implying any liability for the Company.
5.4 The "Bros Manifatture s.r.l." computer system is designed to ensure the immediate processing of orders and to avoid unnecessary waiting for the customer; indeed, it indicates in real time, in its electronic catalog, the physical availability of the product. Should an order exceed the quantity available in the warehouse, the Company's Management will inform the buyer whether or not the product will be available in the future; if so, the system allows the user to bring to the "checkout", purchase, and receive within the established times only the quantities in stock.
6. Contract Execution Procedures and Orders
6.1 The purchase contract is perfected exclusively online, through the exact completion of the order and the subsequent consent to the purchase expressed by the Customer according to the procedures indicated on the site.
6.2 The Customer undertakes and is obliged, once the online purchase procedure has been completed, to print and store these General Terms and Conditions of Sale as well as the specifications of the product purchased provided on the site.
6.3 Upon receipt of the order, the Company will send the Customer, within the following 3 working days, an e-mail confirming the order itself, in which the details of the order will be summarized: the Customer is invited to print the e-mail and keep it.
6.4 The contract must be considered concluded at the moment in which the Customer receives the order confirmation.
6.5 In the event that the customer does not receive any order confirmation within the aforementioned period, the relative order must be considered as not accepted by the Company and, therefore, void.
6.6 The orders received will be archived in the database of the online “store”, according to the methods and in compliance with the provisions of the Privacy Policy, and will be accessible upon request made to the Company at the following e-mail address shop@pianegonda.com.
7. Payment Methods
7.1 Once the order confirmation has been received from the Company, the Customer may proceed with payment of the price using the following methods, indicating the order number in the payment reference:
- Credit card: during the purchase process, select the appropriate card (Visa, Visa Electron, Maestro, MasterCard, Aura and JCB) and enter the requested details. The amount will be charged at the time of payment.
- PayPal: to shop online conveniently, without needing to enter credit card details or bank account information on the site. The account is charged upon completion of the order. If you are already registered with PayPal, log in to your account with your credentials; otherwise, to register a new PayPal account, visit paypal.com.
- Scalapay: this is a financing method that allows you to purchase products by paying in 3 convenient installments. There are no additional costs if the installments are paid by the due date. Upon confirmation of the purchase, you will be redirected to Scalapay, where you must log in or create a profile to proceed with the payment of the first installment (equal to one-third of the total order value). The 2 subsequent installments will be charged to you over the following two months.
7.2 Since placing orders is only permitted for those of legal age, the Company will not be held responsible for orders placed by minors without parental authorization.
7.3 The order is shipped upon actual receipt of payment and according to the times established in the shipping policies.
8. Payment Security
8.1 The payment transaction takes place on a secure page that uses SSL (Secure Socket Layer) certificates, a system that guarantees maximum security for online transactions, and the related monetary transactions take place via the Nexi payment gateway.
8.2 To protect the Customer's credit card purchases, they will be asked to enter the CVV code for every order. Thanks to this security system, the Customer's credit card data will be completely illegible to third parties.
9. Shipping And Delivery
9.1 The Company is not required to ship the products until it has received full payment of the price.
9.2 The Company guarantees delivery within 3-6 business days for orders placed from Monday to Friday before 3:30 PM. Business days are Monday to Friday.
9.3 For Basilicata, Campania, Calabria, Puglia, and the islands, delivery may require an additional day.
9.4 Deliveries take place during office hours from Monday to Friday, excluding public holidays. The courier will make 3 delivery attempts; after the third, the order will be held in storage.
9.5 All orders are processed automatically, and we are unable to modify shipping and delivery times.
9.6 Bartolini is the authorized courier for the Company's shipments.
9.7 Shipping is free for all orders.
9.8 The Customer will be kept updated throughout the duration of the transaction. Upon placing the order, they will receive a summary order confirmation email; when the package leaves the warehouses, the Customer will receive an order tracking code and the web address where they can track the delivery status of their shipment online and see the expected date they will receive the order.
9.9 In the event that the Customer's data indicated in the order is incomplete or otherwise inaccurate (making delivery impossible), it will be the Customer's responsibility to verify its completeness and accuracy via the order confirmation received by email and to contact the Company at this address: shop@pianegonda.com.
9.10 The Company will not be responsible for any delays attributable to the courier.
Upon receipt of the product, the Customer, or the person designated by them, is invited to check:
• that the package is intact, not damaged, not wet, or otherwise altered, including its seal: any disputes must be reported to the courier and must be noted at the time of signing for the delivery with the phrase “Received subject to inspection”; otherwise, the package will be considered correctly delivered;
• that the products correspond to what is indicated in the transport document and/or invoice in terms of both number and type; any disputes must be reported to the courier and must be noted at the time of signing for the delivery with the phrase “Received subject to inspection”; otherwise, the contents of the package will be considered free of faults and/or defects.
10. Contract Termination and Express Termination Clause
10.1 The Company has the right to terminate the stipulated contract by simply notifying the client with adequate and justified reasons; in such a case, the Client shall be entitled exclusively to the refund of any amount already paid.
10.2 The obligations assumed by the client referred to in Art. 3 (Client Obligations), as well as the guarantee of the successful outcome of the payment made by the client using the means referred to in Art. 7, are essential in nature, such that by express agreement, the failure by the Client to fulfill even one of said obligations shall result in the automatic termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the Company's right to take legal action for further damages.
10.3 The Company reserves the right, following any logistical and/or technical and/or organizational difficulties, to cancel the order by notifying the Client via e-mail within 30 days starting from the day following the date on which the Client transmitted the order: in such a case, the Client shall not be entitled to any compensation for damages, without prejudice to the right to the refund of any amount already paid.
11. Right Of Withdrawal, Complaints And Product Replacement Request
11.1 For the Company, customer satisfaction is the foundation of everything. For any reason, if you are not fully satisfied with your purchase, you may return the order within 30 days of the delivery date and receive a refund for the returned products or their replacement. The right of withdrawal is a prerogative of natural persons acting for purposes not directly related to any professional activity they may carry out. Therefore, retailers and companies are excluded from this right.
11.2 Returned items must be in perfect condition with no signs of use, in their original packaging, and with assurance that the labels have not been removed, within 14 days of the date the notice of withdrawal is sent.
11.3 The Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or their delegate for the receipt of the Products) takes physical possession of the Products themselves or, in the case of split delivery, from the day on which the Customer takes physical possession of the last Product.
Within the period specified in the preceding article 11.3, the Customer may initiate the return process using the following methods:
• by clicking here; or
• by selecting “Return item” from the Customer account; or
• by contacting customer support.
Within 14 (fourteen) days from the date of sending the notice of withdrawal (transmitted in accordance with the preceding article 11.3), the Customer must return the purchased Products to Bros Manifatture S.r.l. by dropping them off at the nearest post office. The Customer must use the shipping method indicated in the online return procedure or in the instructions received via e-mail. Unless otherwise indicated on the Site, the costs for returning the Products to Bros Manifatture S.r.l. are borne by the company. The Products must be returned intact, unused, undamaged, and with the labels still attached. The Customer is responsible solely for any decrease in the value of the Product resulting from handling the Product other than what is necessary to establish its nature, characteristics, and functioning.
Preparing the package:
Once the online procedure is completed, the Customer will receive a confirmation e-mail with detailed instructions and the shipping label.
The Customer must:
• print the return e-mail and the shipping label received;
• place the products in the package, preferably using the original packaging, including the printout of the e-mail inside;
• carefully seal the package and apply the shipping label to the outside, in a clearly visible position;
• drop off the package at the nearest post office.
Bros Manifatture S.r.l. will issue a full refund of the sums paid by the Customer, including any reasonable delivery costs, within 14 (fourteen) days from the date it receives the returned Products or from the moment the Customer provides proof of having sent back the Products, whichever occurs first. This refund will be made using the same payment methods used by the Customer for the initial transaction.
Products purchased on the Site may be returned, within the time limit specified in article 11.3, according to the methods indicated in the return procedure. The refund will be made according to the procedure provided for in article 11.3.
11.4 Any complaints may be forwarded via the specific contact form on the site or via email addressed to Customer Service Pianegonda – Bros Manifatture s.r.l., Via G. Rossa, 1, 63833 Montegiorgio (FM) – Italy
12. Refund
12.1 The refund of the amount spent depends on the payment method chosen at the time of purchase:
– for payment via PayPal, the reversal will take place directly through PayPal;
– payment by Credit Card;
– payment via Scalapay.
12.2 Refunds cannot be made to cards other than those used for the purchase.
12.3 The Company will proceed with the refund regarding the cost of the shipped goods, within the legal terms (30 days), only after having received the goods and verified that all requirements have been met.
12.4 The refund does not include the shipping costs for the subsequent return of the goods.
13. Warranties and Liability
13.1 The Company assumes no responsibility for service disruptions attributable to force majeure and/or fortuitous events such as accidents, thefts and/or robberies involving the courier in charge of delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the contract within the agreed times and methods.
13.2 The Company shall not be liable to any party for damages, losses, and costs incurred as a result of the non-execution of the contract due to the aforementioned causes, with the consumer being entitled only to a refund of the price paid.
13.3 Likewise, the Company is not responsible for any fraudulent and illicit use that may be made by third parties at the time of payment for the products purchased.
13.4 The Company guarantees the products against any vice/defect. Should the Customer nevertheless find a vice/defect in the products purchased, they must report it within two months from the date on which they discovered the defect (Art. 132 of Legislative Decree no. 206/2005 – Consumer Code).
13.5 More generally, the Customer is granted the consumer rights referred to in Art. 130 of Legislative Decree 206/2005; such rights must be exercised within the terms referred to in Art. 132 of the same Legislative Decree 206/2005.
14. Limitation of Liability
14.1 The Company assumes no responsibility should it be unable to execute the order within the time frames stipulated in article 6.3 above due to fortuitous events or force majeure, or should any other disruption occur.
14.2 The Company shall not be held liable to the Customer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions connected to the use of the internet that are outside the Company's control and management.
14.3 Furthermore, the Company shall not be liable for damages, losses, and costs incurred by the Customer following the non-execution of the contract for causes not attributable to the Company, with the Customer having the right only to a full refund of the price paid.
14.4 The Company assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks, and other means of payment when paying for the products purchased, provided it can demonstrate that it adopted all possible precautions based on the best current science and experience.
15. Governing Law – Jurisdiction
15.1 Contracts entered into with the Company are deemed to be concluded in Italy and are governed by Italian law. Any dispute relating to the application, execution, interpretation and breach of purchase contracts entered into "online" via the website paanegonda.com is subject to Italian jurisdiction.
15.2 For matters not expressly provided for herein, these general terms and conditions shall be governed by the provisions of the Consumer Code.
15.3 For any dispute between the parties regarding this contract, the court of the place where the consumer has their residence or domicile, if located within the territory of the Italian State, shall have jurisdiction;
15.4 In all other cases, the territorial jurisdiction shall be exclusively that of the court of Fermo, to the exclusion of any concurrent forum.
16. Authorizations
16.1 By filling out the registration form during the purchasing procedure, which is necessary to initiate the execution process of this contract for the Customer and for related further communications, the Customer authorizes “Bros Manifatture s.r.l.” to communicate their personal data (as defined by Art. 7 GDPR 2016/679) to trusted couriers and/or freight forwarders for the delivery of the purchased goods, in order to allow the procedures necessary for their delivery.
17. Privacy Policy
For the text of the Privacy Policy, please refer to the following link
18. Copyright
Trademarks, logos and other distinctive signs present on the site belong to their respective owners. The use of trademarks, logos and other distinctive signs, including reproduction on other websites by unauthorized third parties, is prohibited. The contents of the site are protected by copyright (text, images and graphics).
19. Agreement
19.1 This agreement supersedes all previous contracts, agreements, and understandings between the parties and constitutes the entire agreement between the parties regarding the subject matter of the contract, together with the order, the general terms and conditions relating to the use of the site, and the conditions relating to the registration service. Any variation or modification of the contract must be accepted in writing by both parties.
20. Communications
20.1 All communications between the parties must be made in writing and sent to the other party's address as indicated in the contract and the order. Communications sent to the other party's email address, as indicated on the website and in the order, shall also be considered as being made in writing.
20.2 Communications regarding the validity or existence of this agreement must be exclusively delivered by hand or sent by registered letter with advice of receipt.
21. Invalidity and/or Unenforceability
21.1 The invalidity and/or unenforceability, even if supervening, of any of these conditions shall not affect the validity or enforceability of the others. Any condition that is held to be or becomes invalid or unenforceable, in whole or in part, for any reason: (a) shall be deemed severable from the context of these terms of sale without affecting their validity; (b) if possible from the context, shall be deemed replaced (if applicable, only with regard to the country involved) by a different valid and enforceable provision or arrangement whose content is as similar as possible to the one that became or was held to be invalid or unenforceable.
SPECIFIC APPROVAL
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Parties declare that they have carefully examined and specifically approve the content of the following articles:
Art. 4.3 (Company’s right to change product prices)
Art. 5.3 (absence of liability on the part of the Company for changes to products and their availability)
Art. 3.1 and 3.6 (Customer’s obligation to print and save the General Terms of Sale as well as the specifications of the purchased product provided on the site at the end of the online purchase procedure).
Art. 6.4 (time of conclusion of the contract)
Art. 6.5 (non-conclusion of the contract in the event of non-receipt of the order confirmation by the Customer)
Art. 7.4 (Company’s right to cancel orders)
Art. 7.1 (Customer’s obligation to pay the price before the shipment of the products)
Art. 9.1 (Company’s right not to proceed with the shipment of the products until it has received full payment of the price)
Art. 10.1 (Company’s right to terminate the stipulated contract by simply giving notice to the customer with adequate and justified reasons)
Art. 10.2 (essential nature of the Customer’s obligations)
Art. 10.3 (Company’s right to cancel the order)
Art. 9.10 (absence of liability on the part of the Company in the event of delays attributable to the courier’s fault).
Art. 9.10 first part (Customer’s obligation to verify at the time of delivery that the package is intact, not damaged or wet or otherwise altered, including its closure, and correct delivery in case of failure to provide a reservation)
Art. 9.10 second part (Customer’s obligation to verify at the time of delivery that the products correspond to what is indicated in the transport document and/or invoice both in number and type and are free from defects in case of failure to provide a reservation)
Art. 11.1 (right of withdrawal and time limit for exercise)
Art. 11.3 (methods of exercising the right of withdrawal)
Art. 11.2 (Customer’s obligation to return the product intact, in its original packaging, complete in all its parts, within no more than 10 days from the date of sending the withdrawal notice)
Art. 12.2 and 12.3 (time limit for the refund of sums paid by the Customer)
Art. 12.4 (product replacement not provided for)
Art. 12.5 (Customer’s obligation to bear the costs of returning the product)
Art. 14.1 (absence of liability on the part of the Company if, due to force majeure or unforeseeable circumstances, the Company is unable to execute the order within the times provided for by art. 6 point 3 or any further disruption occurs)
Art. 14.2 (absence of liability on the part of the Company for disruptions or malfunctions connected to the use of the internet network and outside the power of control and management of the Company itself)
Art. 13.2 (absence of liability on the part of the Company for damages, losses and costs suffered by the Customer following the non-execution of the contract for reasons not attributable to the Company itself)
Art. 14.4 (absence of liability on the part of the Company for any fraudulent and illicit use that may be made by third parties of credit cards, checks and other means of payment, at the time of payment for the products purchased, if it proves that it has adopted all possible precautions based on the best science and experience of the time).
Art. 15 (applicable law)
Art. 15.4 (mandatory jurisdiction in the case of a customer having their residence or domicile outside Italy)
Art. 21 (Invalidity and/or unenforceability of the clauses)