Conditions of Sale
Object
1.1. These general terms and conditions of sale (hereinafter also the "Conditions") apply to the purchase of "PT-Torino" branded products (hereinafter "Products" or singularly "Product") made through the e-commerce website www.pt-torino.com (hereinafter the "Site"), fully illustrated therein, by users qualifying as "Consumers" as defined in the subsequent Article 1.2 and sold by Arcadia S.r.l. (hereinafter the "Seller"), with registered office in Milan, Corso Buenos Aires 54 - 20124, T (+39) 02 76317357, F (+39) 02 76316622, tax code, VAT number 06710600963 and registration number 1910442 in the Milan Chamber of Commerce, email info@dondup.com - certified email albatros@legalmail.it, operator of the Site. The Site is owned by Cover 50 S.p.a. with registered office in Pianezza (TO), Via Torino 25 – 10044 VAT and tax code 08601590014, registration number 985469 in the Turin Chamber of Commerce, email info@pt-torino.com - certified email amministrazione@pec.cover50.it (hereinafter the "Owner"). These Conditions do not govern the sale of products or services by subjects other than the Seller present on the Site through links, banners or other hypertext links. The Seller is not responsible for the supply of goods and services by third parties.
1.2. The Seller sells the Products through the Site on its own behalf. Purchases of Products made through the Site will involve Arcadia S.r.l., as the seller, and the individual who purchases one or more Products for purposes not attributable to their entrepreneurial, commercial, artisanal or professional activity, as the buyer (hereinafter the "Consumer"), (Seller and Consumer will be collectively referred to as the "Parties").
1.3. The Owner is not a party to these Conditions, but owns the rights to the domain name of the Site, logos and trademarks related to the Products presented on the Site, as well as the copyright on the contents of the Site.
1.4. Any communication from the Consumer related and/or correlated 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 the Seller at the addresses and in the manner indicated on the Site and at the email address ecommerce@pt-torino.com.
1.5. Each purchase is governed by the general terms and conditions of sale in the version published on the Site at the time of transmission of the order by the Consumer.
1.6. The Site is dedicated to retail sales and is intended for the exclusive use of Consumers. Subjects who are not Consumers are invited not to place orders. If one or more sales are made to a subject who is not qualified as a Consumer, these Conditions will apply but, contrary to what is provided for in the same:
a) the buyer will not be entitled to the right of withdrawal pursuant to Article 10;
b) the buyer will not be able to benefit from the warranty on the Products indicated in Article 8;
c) the buyer will not be entitled to any other protections, here provided in favor of the Consumer, which reflect or are in accordance with mandatory legal provisions;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7. At the same time as transmitting the purchase order, the Consumer accepts that confirmation of the information relating to the order placed and these Conditions will be sent to him via email to the address provided by him during registration on the Site or during the purchasing process.
1.8. In order to make purchases through the Site, the Consumer must be of legal age (18 years) and have legal capacity, which the Consumer declares to possess by placing an order on the Site.
1.9. Any expenses for Internet connection to the Site, including telephone charges, are exclusively borne by the Consumer, according to the rates applied by the operator selected by the Consumer.
Product Characteristics and Availability in Different Geographic Areas
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time of sending the order by the Consumer, to the exclusion of any other condition or term.
2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any notice to the Site users. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. Prices, Products for sale on the Site and/or their characteristics may be subject to changes without notice. Such variations apply only to orders not yet confirmed on the date of the variation itself. In any case, before sending the purchase order pursuant to the subsequent point 3, the Consumer is invited to verify the final selling price.
2.4. The Site can be accessed from all over the world. However, the Products available on the Site can be purchased only by users requesting delivery to one of the States indicated on the Site.
2.5. Despite the Seller continuously taking measures to ensure that the photographs and/or images shown on the Site are faithful reproductions of the Products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution features of the computer used. Consequently, the Seller will not be liable for any inadequacy of the graphic representations of the Products shown on the Site if due to the aforementioned technical reasons, since such representations have merely illustrative function.
Product Purchase Methods - Completion of Each Individual Purchase Contract
3.1. The presentation of the Products on the Site, not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller through the Site constitutes a contractual proposal and is governed by these Conditions, which constitute an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is required to fully accept without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read and approve these Conditions as well as to read the information on the right of withdrawal, print a copy through the print command and store or reproduce a copy for their personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.
3.3. The Consumer's purchase order is accepted by the Seller with the sending to the Consumer, at the email address declared by them to the Seller at the time of registration on the Site or when transmitting the order if the Consumer is not registered on the Site, of an email confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order placed, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be electronically stored by the Seller in its computer systems and the Consumer may request a copy by sending an email communication to the Seller at the address ecommerce@pt-torino.com.
3.4. Each contract for the purchase of the Products is deemed concluded at the moment when the Consumer receives the order confirmation from the Seller via email. However, the Seller reserves the right, before sending the order confirmation, to request via email or phone further information regarding the received contractual proposal.
Product Selection and Purchase Procedure
4.1. Products presented on the Site can be purchased by selecting the Consumer's desired Products and placing them in the appropriate virtual shopping cart. After selecting the Products, to proceed with the purchase, the Consumer will be prompted to (i) register on the Site, providing the required data, or (ii) log in, if the Consumer is already registered, or (iii) provide their details to complete the order and enable the contract to be finalized. If the data provided in the order differs from the data provided during registration on the Site, the Consumer will be asked to confirm their data (e.g., name, surname, etc.), as well as the delivery address for the selected Products, billing address, and optionally, a telephone number for any purchase-related communications. The Consumer will view a summary of the order to be placed, which can be modified. Subsequently, after careful reading, the Consumer must expressly approve these Conditions through the designated checkbox on the Site, and finally, by clicking the "Confirm" button, the Consumer will be asked to confirm their order, which will then be definitively transmitted to the Seller and produce the effects described in the preceding para. 3.2. of this agreement. The Consumer will also be asked to choose the shipping method and payment method, among those available. If the Consumer opts for immediate payment (concurrent with the purchase) via credit card, PayPal, AmazonPay, immediate bank transfer, or any other immediate payment method provided by the Seller, they must provide the relevant data via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the Consumer's details. If payment is made by credit card, the purchase amount will be charged only when the order confirmation is transmitted from the Seller to the Consumer.
4.2. If during the Product selection process on the Site as per the previous point 4.1, the Consumer finds that the price of one or more of the Products they intend to select for subsequent purchase is significantly lower than the normally applied price, net of any discounts and/or promotions in effect at that time, due to an obvious technical problem occurring on the Site, they are kindly requested not to complete their purchase order and to report the aforementioned technical error to the Seller's Customer Service, by sending an email to the email address ecommerce@pt-torino.com.
Delivery of Goods and Acceptance
5.1. The Site indicates the availability of the Products and their delivery times; however, such information is purely indicative and not binding on the Seller.
5.2. The Seller undertakes to do everything in its power to respect the delivery times indicated on the Site for confirmed orders and to deliver within a maximum of 30 (thirty) days from the working day following the day on which the Consumer placed the order. In the event of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the Product payment as per the following para. 5.3. If the Consumer has chosen bank transfer as the payment method, the delivery term will start from the receipt of the payment by the Seller.
5.3. The shipment of the Products ordered by the Consumer will take place in the mode selected by the Consumer, from those available and indicated on the Site at the time of sending the order. The Consumer undertakes to promptly check, as soon as possible, that the delivery includes all and only the purchased Products and to promptly inform the Seller of any defects in the received Products or their non-compliance with the order placed, according to the procedure set forth in the subsequent art. 8 of these Conditions; otherwise, the Products will be deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer were to arrive clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation."
Prices, shipping costs, taxes, and duties
6.1. The price of the Products as well as shipping costs are indicated on the Site upon the submission of the order by the Consumer. Prices include standard packaging costs, VAT (if applicable), and any indirect taxes (if applicable).
6.2. The Consumer must pay the Seller the total price, as indicated in the order and in the order confirmation sent via email from the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reiterated in the order confirmation, including VAT and any indirect taxes (if applicable), does not include customs duties and any other sales tax, which the Consumer undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country where the Products will be delivered. The Consumer is advised to inquire with the competent authorities of their country of residence or destination of the Products to obtain information on any customs duties or taxes applied in their country of residence or destination of the Products.
6.4. Any additional costs, charges, duties, taxes, and/or fees that a given country may apply to the Products ordered under these Conditions are solely the responsibility of the Consumer.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes, and/or fees referred to in the preceding paras. 6.3. and 6.4., at the time of submitting an order to the Seller, cannot constitute grounds for the termination of this contract and that they cannot in any way charge the aforementioned charges to the Seller.
Payments
7.1. Payment for the price of the Products purchased through the Site and for shipping costs, as well as any other charges due, must be made within the essential period of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly agrees that the execution of the contract by the Seller will begin upon crediting the price of the purchased Product(s) to the Seller's bank account.
7.2. Payment can be made by credit card through PayPal, AmazonPay, bank transfer, or any other immediate payment method provided by the Seller, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure website, and the credit card details will be communicated directly to Stripe Payments Europe, Ltd., headquartered in Dublin (Ireland), at One Spencer Dock, North Wall Quay, Dublin 1 Ireland, the operator handling payments on behalf of the Seller. The transmitted data will be sent securely, using encrypted data transfer with SSL (SecureSocketLayer) system. Such data will not be accessible even to the Seller.
7.4. If payment is made by bank transfer to the Seller, the Consumer must indicate the "Swift" and "IBAN" codes provided in the order confirmation, as well as the order number.
7.5. The Seller will promptly transmit to the Consumer, if required by applicable law, an electronic receipt for the purchase made, via email to the address provided by the Consumer, if the purchased Products are intended to be delivered in the Italian territory, or attached in paper format to the purchased Products, in all other cases.
7.6. If you buy with Scalapay, you will receive your order immediately and pay in 3 or 4 installments. Please note that the installments will be assigned to Incremento SPV S.r.l., related parties, and their assignees, and you authorize this assignment.
Seller's Legal Warranty of Conformity, Reporting of Non-Conformity Defects, and Warranty Interventions
8.1. Pursuant to and for the purposes of European Directive 771/2019/EC and Italian Legislative Decree no. 206/2005 (hereinafter "Consumer Code"), the Seller guarantees to the Consumer that the Products will be free from design and material defects and comply with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in the event of use or washing of the Product not in accordance with that proper to the Product and the instructions/warnings provided by the Seller, or indicated in the relevant illustrative documentation, tags, or labels. The Seller also guarantees that the good is of the usual quantity, quality, durability, functionality, compatibility, and safety found in a good of the same type.
8.2. The Consumer may report any defects and non-conformities by sending an email to the Seller's Customer Service at the address ecommerce@pt-torino.com, using the appropriate form correctly filled out click here to download the return form, indicating the defects and/or non-conformities found, as well as the relevant documentation specified in the return form (at least one photograph of the Product, the order confirmation sent by the Seller, and/or the fiscal receipt). The action to assert defects not willfully concealed by the Seller shall, in any case, be time-barred within twenty-six months from the delivery of the Products to the Consumer.
8.3. Following the receipt of the form and the relevant documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Seller's Customer Service, and after conducting quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with feedback via email at the address provided by the Consumer during the registration process on the Website or when placing the order. The authorization to return the Products shall in no way constitute recognition of defects or non-conformities, the existence of which shall be determined following the return. The Products authorized for return by the Seller must be returned by the Consumer, along with a copy of the return authorization communication, within 30 (thirty) days from the report of the defect or non-conformity to the following address: ARCADIA SRL - VIA ACHILLE GRANDI 10 INT. 4 - 61034 FOSSOMBRONE (PU) - ITALY.
8.4. In case of confirmed defects or non-conformities, the Consumer shall have the right, at no additional cost, to have the conformity of the Product restored by the Seller, through repair or replacement, or alternative remedies in cases expressly provided for by the Consumer Code. All return costs for recognized defective products shall be borne by the Seller.
If the Seller has committed to refund the Consumer the price paid, the refund will be made, if possible, using the same payment method used by the Consumer at the time of purchase of the Product, or by bank transfer. It shall be the Consumer's responsibility to communicate to the Seller, always via email at the address ecommerce@pt-torino.com, the banking details for the transfer in their favor and to ensure that the Seller is able to return the amount due.
Liability for damage from defective products
9.1. Regarding any damages caused by defects in the Products, the provisions of the Consumer Code apply. The Seller, as a distributor of the Products through the Site, is released from any liability, none excluded and/or excepted, by indicating, upon request of the damaged Consumer, the identity and domicile of the respective manufacturer.
Right of Withdrawal
10.1. Subject to the exceptions provided for in Article 59 of the Consumer Code, the Consumer has the right to withdraw from any contract concluded under these Conditions, without providing any reason and without any penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately under a single order, the last product was delivered.
10.2. To exercise the right of withdrawal, the Consumer must inform the Seller, before the expiry of the period set out in the previous point 10.1, of their decision by accessing the dedicated page and entering the order number or tracking code and the postal code.
10.3 Following what is provided in the previous point 10.2, the Consumer will receive a confirmation email of withdrawal exercise, containing, in the event that they have already received the ordered product in the meantime, the return form to be included in the package, and instructions for returning the product, to be sent within the following 14 days to
ARCADIA SRL
VIA ACHILLE GRANDI 10 INT. 4
61034 FOSSOMBRONE (PU) - ITALY
10.4 If the Consumer has received the product, they are required to return it to the Seller without undue delay and, in any case, within 14 days from the day on which they communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The direct risks and costs of returning the goods, as well as the proof of this, shall be borne by the Consumer. If the Consumer exercises the withdrawal through the site, before confirming the withdrawal request, they will be informed of the possible cost for returning the goods if they wish to use the return service offered by the site.
10.5 In case of withdrawal, the Consumer will be reimbursed for the payments made, including delivery costs (except for additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days from the date the products returned are received at the Seller's warehouse. Such refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund on a different means of payment, in which case any additional costs resulting from the different means of payment will be borne by the Consumer. The refund may be withheld until the goods are received or until the Consumer demonstrates that they have returned the goods, whichever is earlier.
10.6 The Consumer is responsible for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned goods are damaged (e.g., signs of wear, abrasion, scratching, deformation, etc.), incomplete with all their elements and accessories (including labels, security tags, and unchanged and attached tags to the product), not accompanied by the attached instructions/notes/manuals, original packaging, and packaging, and warranty certificate, if any, the Consumer will be liable for the decrease in the value of the goods and will be entitled to a refund equal to the residual value of the Product. To this end, the Consumer is advised not to handle the goods more than strictly necessary to establish their nature, characteristics, and functioning and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writings or labels.
Intellectual property rights
11.1. All intellectual property rights related to trademarks, names, as well as any distinctive signs, names, images, photographs, written or graphic text used on the Website or related to the Products are governed by Article 5 of the General Conditions of Use of the Website (available at the following link).
Consumer Data and Privacy Protection
12.1. In order to proceed with the purchase, submission of the order, and therefore the conclusion of the contract based on these Conditions, the Consumer is required to provide the Seller with some personal data through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller, in accordance with and in compliance with the regulations of Regulation (EU) No. 2016/679, to execute each purchase made through the Site and, if the purchase is finalized, for carrying out marketing activities as per the Privacy Policy provided to the Consumer through the Site at the time of purchase.
12.2. The Consumer declares and guarantees that the data provided to the Seller during the purchase process are correct and truthful.
12.3. The Consumer may update and/or modify their personal data provided to the Seller at any time through the dedicated section of the Site "Access your Account" accessible after authentication or by contacting the seller through the appropriate channels provided.
12.4. The complete privacy policy is available at the following link.
Security
13.1. Although the Seller adopts measures to protect personal data against their possible loss, falsification, manipulation, and improper use by third parties, due to the characteristics and technical limitations related to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (logged in), are not accessible or viewable by unauthorized third parties.
13.2. Regarding payment data with credit cards, the Seller uses the services of the company Stripe Payments Europe, Ltd., which adopts technological systems aimed at guaranteeing the highest levels of reliability, security, protection, and confidentiality in the transmission of information via the web.
Applicable Law, Attempt at Conciliation, and Competent Court
14.1. Every sales contract concluded between the Seller and Consumers under these Conditions shall be governed and interpreted in accordance with Italian laws, particularly the Consumer Code, with specific reference to distance contracts legislation, and Legislative Decree No. 70 of April 9, 2003, on certain aspects concerning electronic commerce. In any case, the rights potentially attributed to Consumers by mandatory provisions of law in their own State shall be preserved.
14.2. In the event of disputes between the Seller and a Consumer, the Seller guarantees in advance its participation in an amicable conciliation attempt that each Consumer may initiate with RisolviOnline, an independent and institutional service provided by the Arbitration Board of the Milan Chamber of Commerce, which allows reaching a satisfactory agreement with the help of a neutral and competent conciliator in a friendly and secure manner on the Internet. For more information on the RisolviOnline regulations or to submit a conciliation request, visit www.risolvionline.com.
14.3. Alternatively to the conciliation attempt mentioned in the previous point 14.2, the Consumer also has the option to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation No. 524/2013, to facilitate independent, impartial, transparent, effective, quick, and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has adhered to it, selectable from a specific list available therein. For more information on the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure regarding this contract, please visit the following link: http://ec.europa.eu/odr. The Seller's email address to be indicated on the European ODR Platform is as follows:
14.4. If there is no adherence to the conciliation attempt mentioned in the previous points 14.2 or 14.3, or if such attempt is unsuccessful, the dispute shall be referred to the judge of the place of residence or domicile of the Consumer.
14.5. If the user of the Site acts, instead, in the exercise of their own entrepreneurial, commercial, artisanal, or professional activity, it is mutually agreed that any dispute concerning the interpretation, execution, effectiveness, and resolution of sales contracts between the Seller and the user shall be subject to Italian law and the exclusive jurisdiction of the Milan Court.
