General business conditions

• GENERAL INFORMATION

  These General Terms and Conditions form an integral part of the on-line purchase contract stipulated in the internet between the buyer-consumer, which will hereafter be defined as "CUSTOMER", and the company Pubblicarrello.com S.r.l., which will hereafter be defined as "SELLER", and they regulate the preliminary stages, the conclusion and the execution.

   

  By ticking the checkbox "I accept the terms and conditions." during the online purchase procedure, the Customer accepts all the contractual conditions proposed and set out below. In the absence of express acceptance of the General Terms and Conditions, it will not be possible to complete the online purchase procedure.

   

  The Seller reserves the right to modify the General Terms and Conditions at any time and without notice. In any case, the changes will not apply on Purchase Orders received and concluded before the publication of the changes on the website.

   

  By accepting the General Terms and Conditions and then placing the Purchase Order, the Customer agrees that all communications will be sent and received by e-mail. The Customer will also be responsible for the correctness of the e-mail address provided and all information entered at the time of placing the order or in his account.

   

  It is the Customer's responsibility to carefully read the General Terms and Conditions of Purchase and all useful purchase information in the "info" section of the website https://pubblicarrello.com.

   

  For any question regarding the General Terms and Conditions of Purchase, complaints, guarantees, privacy, notice of withdrawal and refund, the Customer should contact:

   

  Pubblicarrello.com S.r.l.

  Via Domenico Lo Faso, 12

  90146 - Palermo

  telephone number: +39 091 670 9726

  fax number: +39 091 51 75 00

  e-mail: info@pubblicarrello.com

  Pec: pubblicarrello@pec.it

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• DEFINITIONS

  • Customer: means any person (individual or legal person) who purchase products on the website https://pubblicarrello.com.

   

  • Pubblicarrello.com S.r.l.: means the company that offers for retail and/or wholesale sale products on the website https://pubblicarrello.com.

   

  • Parties: means both Pubblicarrello.com S.r.l. and the Customers.

   

  • General Terms and Conditions of Purchase: are intended these general terms and conditions of purchase.

   

  • Purchase Orders: these are the Purchase Orders of products sent by the Customers, following the procedure indicated in the section "Purchase Order and Order Confirmation" of the General Terms and Conditions of Purchase.

   

  • Order Confirmation: means the e-mail message sent by Pubblicarrello.com S.r.l. in which it communicates to Customers the acceptance of the Purchase Order.

   

  • Graphic Draft: file processed and sent by the Seller to the Customer containing the graphics requested by the Customer for the customization of products.

   

  • Order Cancellation for non-payment: The Order is cancelled, and the contract has no effect because the Customer has not paid within fifteen days of receipt of the Order Confirmation;

   

  • Order Cancellation for non-acceptance of the Graphic Draft: the order is cancelled because the Customer has not accepted the Graphic draft;
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• OBJECT OF CONTRACT

  The contract has as object the purchase of neutral clothing and gadgets or their customization at Customer request with printed or embroidered graphics which the Seller offers for sale online, using the system of distance selling through the Internet, through the website https://pubblicarrello.com.

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• 2. CONCLUSION OF THE CONTRACT

  The publication of information, services and products on the website https://pubblicarrello.com does not constitute a binding offer pursuant to art. 1336 of the Italian Civil Code.

   

  By placing the Purchase Order, the Customer declares to have accepted these General Terms and Conditions of Purchase in full and to have read all the information contained in the "info" section of the website https://pubblicarrello.com.

   

  The contract of purchase, both for neutral and custom products, will be considered concluded between the Parties when the Customer receives an e-mail of Order Confirmation from the Seller containing a summary of the Purchase Order made by the Customer.

   

  The Parties expressly establish that the Seller will execute the contract only after receiving the payment of the order placed. If the Customer does not make the payment within fifteen days from receipt of the Order Confirmation by e-mail, the purchase made will be cancelled.

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• 3. PURCHASE ORDER AND ORDER CONFIRMATION

  The Customer may purchase the chosen items by accessing the "Products" section of the website https://pubblicarrello.com or by clicking on the "link" contained in the e-mail sent by the Seller on request by telephone made by the Customer. The Purchase Order will be automatically acquired by the website at the end of the all requested data entry procedure. During the entire data entry process and before sending the Purchase Order, the Customer may identify and correct any errors in data entry by following the instructions given from time to time. The correct receipt of the Purchase Order will be confirmed by Pubblicarrello.com S.r.l. by e-mail sent to the e-mail address provided by the Customer.

   

  For neutral products, once the Purchase Order has been placed and the Order Confirmation has been received by e-mail, the Customer may no longer cancel the order and the contract will be executed. Any exceptions may be accepted by written agreement between the Parties and may result penalties to be paid by the Customer.

   

  For custom products, once the Purchase Order has been placed and the Order Confirmation has been received by e-mail, the Customer must expressly accept the "Graphic Draft" regarding customization. Before the acceptance of the "Graphic Draft" or in case of non-acceptance, the Customer may cancel the order by sending an e-mail indicating the order number and the reason for cancellation. In this case, the Seller will refund the amount paid by the Customer by deducting the costs of returning goods to its supplier for the products purchased and the costs for the graphic processing not accepted. Before making the refund, the Seller will communicate by e-mail the amount of the deduction and the remaining amount that will be refunded. It is the Customer's responsibility to indicate to indicate the payment method chosen to receive the refund.

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• 4. PRICES AND SHIPPING COSTS

  All prices of goods in the online catalog are expressed in Euro for all countries participating the Single Currency, for third countries prices will be expressed in the currency adopted by each country. All prices are VAT excluded.

   

  The shipping costs, where applicable, are indicated at the end of the procedure of the Purchase Order and before making the payment. The shipping costs, for specific needs of the Customer, may be subject to price changes. In this case, the supplier will inform the Customer of the total amount of shipping costs and the Customer must confirm acceptance by e-mail.

   

  The shipment will be assigned with an identification number issued by the courier and, thanks to the online function "Track your order" in the Order Confirmation that you will receive by e-mail, the Customer can monitor the shipment at all stages by clicking on the shipping number that will direct you to the online function "Order Tracking" provided by the courier. This function will be available only after delivery of the products to the courier service. By accepting the General Terms and Conditions, the Customer accepts the courier selected by the Seller.

   

  The Order Confirmation will indicate the total amount to be paid for the purchase made, including VAT where due and with an indication of the shipping costs and any other additional costs. This total amount will be the total amount due by the Customer in relation to the Order placed. 

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• 5. DELIVERY OF PRODUCTS

  The product will be delivered to the Customer, unless unforeseen, within the period indicated in the e-mail containing the Order Confirmation sent by the Seller. This date of delivery is to be considered indicative and, in any case, the product will be delivered within thirty days from the date of receipt of the Order Confirmation by the Customer and, in any case, assumes that payment has been made regularly.

   

  The Seller, at its discretion, may decide to make several partial deliveries. However, in this case, the Customer will not be charged with any additional cost compared to that provided for a single delivery. Delivery is always made by the courier to the ground floor.

   

  The goods travel at Customer’s risk. The shipment made by the Seller is intended to be in a single location indicated by the Customer during the online purchase procedure.

   

  In case of absence of the Customer at the time of delivery, a notice will be issued after which the Customer must promptly contact the Seller or the carrier to agree on the terms of delivery.

   

  Upon delivery, it is the Customer's responsibility to verify that the packaging is not damaged or tampered with and, in such cases, he must specify this in writing in the delivery document of the carrier by adding the words "accepted with reservation", indicating the visible signs of damage or tampering. By failing to do so, the Customer will not be able to claim compensation for damages from the carrier.

   

  However, the Seller shall not be responsible for delays, omissions or inefficiencies in deliveries due to unforeseeable circumstances or force majeure.

   

  The Seller is not responsible for delays, omissions and inefficiencies in deliveries, due to unforeseeable circumstances or force majeure and for any reason relating to services provided by third parties such as, but not limited to, the services offered by carriers for the shipment of products.

   

  By accepting as purely indicative the delivery date indicated in the Order Confirmation sent by the Seller by e-mail and by accepting as the maximum delivery date the term of thirty days, from the date of Order Confirmation, the Customer may however request from the Seller a different and specific delivery date that will have the value of "essential term".

  In this case, the Customer must send an e-mail to the Seller, strictly on the same day the order is placed, indicating the Order number and the date chosen as the "essential term" for the receipt of the product. The Seller will respond promptly by e-mail accepting or rejecting the "essential term" proposed.

   

  In the event that the Seller accepts the "essential term" requested by the Customer, the contract will be executed; in the event of refusal, the amount paid by the Customer at the time of the Purchase Order will be promptly refunded. Failure to comply with the "essential term" accepted by the Seller will entitle the Customer to a refund of the amount paid for the purchase but excludes any liability of the Seller for direct or indirect damages of any kind incurred by the Customer.

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• 6. EXPRESS SERVICES

  The "Express services" is 100% synonymous with priority and has been thought to satisfy the Customers’ needs to receive the order quickly.

   

  This service provides priority processing and delivery of the products ordered within a scheduled day. The "Express services" have an additional cost, automatically determined by the system during the purchase process according to the article chosen, the quantity and the place of destination, and are subject to limitations and restrictions. The specification of additional services offered are always available in the "info" section of the website https://pubblicarrello.com or with direct access by the following link

   

  https://pubblicarrello.com/?id=30&o=category&catid=153#item163.

   

  The Customer who makes a purchase using the "Express Service" is guaranteed an immediate process of processing and the refund of additional costs in case of non-delivery of products within the date set and chosen at the time of purchase, with the exclusion of any fact not attributable to Pubblicarrello.com S.r.l. as, for example, the delay in the confirmation of the "Graphic Draft" or the incorrect shipping address indicated by the Customer, as well as delays attributable to the courier or for reasons of majeure force and unforeseen.

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• 7. PRINT SERVICE

  The only "Print Service" is provided by Pubblicarrello.com S.r.l. to Customers who already own the products to be customized. Whether it is clothing or gadgets, the Customer must send at his own expense to the headquarters of Pubblicarrello.com S.r.l. the products to be customized.

   

  The Customer, using the only Print Service, accepts the possibility that during processing some products may be damaged, in that case Pubblicarrello.com S.r.l. will only cancel the cost of the Print Service and, in no case, can ever be held responsible for the cost of the product.

   

  The Customer also accepts that no responsibility can be attributed to Pubblicarrello.com S.r.l. for the deterioration of products waiting to be printed in the event of flooding, fire, stealing and/or any circumstance that does not depend on Pubblicarrello.com S.r.l.

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• 8. PAYMENTS

  The payment of the products can be made by one of the following types and methods:

   

   TYPE OF PAYMENTS:

   

  - Credit card

  - Bank transfer

  - PayPal

  - Cash on delivery (only for the balance by bank cheque or cash up to € 2,999.00)

   

   METHODS OF PAYMENT:

   

  - 100% advance (credit card, bank transfer and PayPal)

  - 30% in advance (credit card, bank transfer and PayPal)

  -  70% on balance (bank cheque or cash)

   

  Payments made with credit cards and PayPal are charged which the commission of 3% on the amount displayed in the “CART" for administrative fees for the management of the payment instrument.

   

  Payment by credit card is made directly on a secure server (SSL) with 128-bit encryption key to ensure total security of the transaction and is managed directly by the bank. The Seller does not have access to the credit card information either at the time of sending the payment or afterwards.

   

  For the payments made by bank transfer the execution of the contract will be postponed until the actual crediting in the current account of the Seller.

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• 9. CUSTOM MERCHANDISE

  Custom products will be made according to the information and indications provided by the Customer. The Seller assumes no responsibility in the event of incorrect information sent by the Customer. The Seller is not responsible for the legitimacy of images and content of the material provided by the Customer.

   

  The Seller sends, by fax or e-mail, the drafts relating to the goods to be customized according to the instructions provided by the Customer, in no case the Seller can be held responsible for any errors in copying, transcription or reconstruction of logos or designs, as by accepting the graphic drafts the Costumer declares to have checked, approved and confirms them for production.

   

  The Seller is not required to return or deliver the material, images and any printing equipment supplied by the Customer or specially produced for it.

   

  The Seller reserves the right to use the graphics made and sent directly by the Customer, limited to the products made, for promotional or advertising purposes by any means of communication.

   

  The Seller also protects the graphics covered by copyright while maintaining, on the other hand, the intellectual property

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• 10. LIABILITY FOR COPYRIGHT INFRINGEMENT

  For "graphics" covered by copyright, the Customer declares under his own responsibility that he is the legitimate owner or that he has permission to use them, having requested and received authorization from the legitimate owner of the rights. The Customer therefore relieves the Seller of all liability should the right holder approach the Seller for copyright infringement and undertakes to indemnify the Seller against any claims.

   

  The Customer also declares and guarantees that the graphics given to the Seller do not infringe any further rights of third Parties.

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• 11. LEGAL GUARANTEE OF CONFORMITY

  The guarantee of conformity of the product sold is twelve months and starts from the date of delivery.

   

  The Seller guarantees only that the products are in conformity with the use for which they are intended and that they do not present a lack of conformity.

   

  Claims made by the Customer for non-conformity of the product purchased must be made in writing by e-mail within eight days of delivery of the products or discovery of the defect, always within the year of warranty, under penalty of forfeiture of all rights.

  The email must contain: 1) order number; 2) Seller's invoice number; 3) date of shipment of the product (date of shipping note); 4) defects found; 5) photographs of the non-conforming product with details of the defect found; 6) name and contact details of the reference person to contact.

   

  The Seller reserves the right to examine the validity of complaints at its offices or by examining the photographs attached to the complaint email. The shipping costs for the withdrawal of faulty products are at Seller' s expense and if the complaint presented in the manner indicated above is proven to be founded, the Seller, at its discretion, will refund the amount paid or replace the deformed product within 30 days

   

  The right of the Seller to return the disputed goods shall remain reserved, before proceeding with the refund or replacement of goods.

   

  In case that the complaints prove to be unfounded, the Seller may charge the shipping and inspection costs to the Customer.

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• 12. PRODUCTION AND TECHNICAL DEFORMITIES, TOLERANCES

  All products are represented and made visible on the site https://pubblicarrello.com in an accurate manner and the characteristics are corresponding to those declared by the manufacturers.

   

  However, the Seller cannot guarantee, at the state of the art, the exact correspondence between the real product and its image and colors as they may appear on the Customer's monitor. For the same reasons, for the custom product, the Seller cannot guarantee the exact correspondence between the colors of the "Graphic draft" displayed on the Customer's monitor and the real colors of the printing process.

   

  In the case of embroidery, there may be visual differences between what appears on the Customer's monitor in the "Graphic draft " and the actual result of the embroidery. These differences, despite the workmanship has been made in professional way, are based on the best graphic quality offered by the multimedia rendering represented in the "Graphic draft" itself.

   

  The Seller, therefore, expressly reserves the right for the product to present minimum differences in relation to the shades of colors, sizes and embroidery compared to the multimedia rendering representative of the same.

   

  Any "quantitative" differences between what has been ordered and what has been executed by the Seller are allowed, unless otherwise agreed in writing, with a margin of tolerance of - 5% with respect to the quantity indicated in the order. Since these are handcrafted products, "qualitative" differences (e.g. print formats) are allowed with a tolerance of 5% on the total of products ordered of the same type. On orders of more than one product, the 5% tolerance is to be understood as referring to each single type of product.

   

  In case of "quantitative" or "qualitative" differences, within the limits set out above, a credit note will be issued corresponding to the value of the faulty and undelivered products or a discount coupon of the same amount will be offered. It is up to the customer to choose between the credit note or the discount voucher.

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• 13. LIMITATIONS OF LIABILITY

  The type of products on the website https://pubblicarrello.com and their availability may vary at any time and the Customer, accepting these General Terms and Conditions of Purchase, accepts that this does not imply any liability on the Seller for any change in availability, whether partial or total.

   

  In case a product indicated as available is not available at the time the Purchase Order is sent by the Customer, the Seller will inform the Customer by e-mail that the product is not available and if the Customer does not wish to replace it with an available one, the amount paid at the time of purchase will be refunded. In any case, the Seller is not responsible for the unavailability of the products.

   

  With the acceptance of the General Terms and Conditions of Purchase, the Parties agree that the Seller can in no case be held responsible for damages of any kind or loss of earnings suffered by the Customer because of the failure to process the order or delivery of the products ordered.

   

  Any right of the Customer compensation or damages is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to natural or legal persons and/or property, caused by the non-acceptance, even partial, of an order.

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• 14. PRIVACY AND COOKIES

  Pubblicarrello.com S.r.l., the owner of the website www.pubblicarrello.com, is aware of the importance of your privacy and respects it in relation to all Customers/Visitors who use our website.

   

  All data of Visitors or Customers that are collected while browsing the website are used and stored by Pubblicarrello.com S.r.l. for the sole purpose of order processing and to make the browsing experience conforming. No data will in any way be transferred or brought to the attention of third Parties except for the purposes and obligations imposed by current legislation and to carry out the task received (for exceptions see the information on the use of cookies at the following link: https://pubblicarrello.com/?id=30&o=category&catid=310,  any information collected from third Parties are subject to their Privacy Policies).

   

  The complete "Privacy Policy" of Pubblicarrello.com S.r.l. can be deepened at the following link: https://pubblicarrello.com/?id=30&o=category&catid=339.

   

  In any case, to proceed with the purchase of products on the website https://pubblicarrello.com is required to have read, accepted and downloaded the information on the "Privacy Policy" without which it will not be possible to proceed with the purchase.

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• 15. RIGHT OF WITHDRAWAL

  For professional customers, the right of withdrawal is not allowed, for both neutral and personalized products.
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• 16. APPLICABLE LAW AND COMPETENT COURT

  The Parties declare that they choose the law applicable to the contract and the obligations arising from it, the law of the Italian Republic, to which they refer in full for anything not expressly stated in this contract. In particular, the contract is governed by the rules on electronic commerce (Legislative Decree no. 70/2003), the Italian Civil Code and all the rules of the Italian legal system applicable to it.

   

  Any dispute arising between the Parties in relation to the interpretation, execution or conclusion of this contract and the obligations or responsibilities arising from it, will be competent, exclusively, the Court of Palermo and this not only in derogation of the ordinary territorial competence but also with the intention to exclude the optional forums for cases related to rights of obligation. The Court of Palermo cannot be changed even for reasons of connection or continence of dispute.

   

  Pursuant to and for the purposes of art. 1341 and 1342 of the Italian Civil Code, the Customer declares to have taken attentive and specific knowledge and vision of the following clauses and articles and expressly approves and accepts them: 2) Conclusion of the Contract; 3) Purchase Order and Order Confirmation; 5) Delivery of Products; 6) Express services; 10) Liability for Copyright Infringement; 12) Production and Technical Deformities, Tolerances; 13) Limitations of Liability; 15) Right of Withdrawal; 16) Applicable Law and Competent Court.

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