Private general conditions

• Art. 1 GENERAL INFORMATION

  GENERAL INFORMATION

  1. 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.
  2. The legislation that regulates this type of sale is governed by Legislative Decree 50/1992, Legislative Decree 114/1998, Legislative Decree 185/1999, Legislative Decree 206/2005 (Consumer Code) containing provisions for the protection of consumers and in particular Articles 50 to 68 related to distance selling and Legislative Decree 70/2003. The General Terms and Conditions apply to online Purchase Orders are placed on the website www.pubblicarrello.com.
  3. 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.
  4. 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.
  5. 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.
  6. The Seller and the Customer agree that after the contract is concluded, all subsequent communications and any other document will have "digital content", meaning the data produced and provided is in digital format. The consumer Customer may print  on “paper” at any time any document related to the contractual relationship between the Parties and may store it on "durable medium", meaning any instrument that allows the consumer to store the information that is personally addressed to him so that he can access it in the future for a period of time appropriate to the purposes for which they are intended and that allows the identical reproduction of the information stored.

   

  For any question regarding the General Terms and Conditions, complaint, notice of withdrawal and refund, the Customer must contact:

   

  Pubblicarrello.com S.r.l.

  Via Domenico Lo Faso n. 12

  90146 – Palermo

  e-mail: info@pubblicarrello.com

  Telephone number: 091 670 97 26

  Fax number: 091 51 75 00

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• Art. 2 OBJECT AND CONCLUSION OF CONTRACT

  OBJECT AND CONCLUSION 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 website https://pubblicarrello.com. 

   

  The publication of information, services and products through 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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• Art. 3 PURCHASE ORDER AND ORDER CONFIRMATION

  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 in any case cancel the order by promptly sending an e-mail to info@pubblicarrello.com.

   

   

  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 for the graphic processing that has been found to be of a certain complexity. 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 the payment method chosen to receive the refund.

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• Art. 4 DELIVERY

  DELIVERY

   

  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.

   

  If the Seller fails to fulfil its obligation to deliver goods within the agreed period or, in the absence thereof, within thirty days, the Customer consumer shall invite the Seller to deliver goods within an additional period appropriated to the circumstances. If the additional period expires without the goods having been delivered, the consumer is entitled to conclude the contract. The Customer consumer is obliged to grant the seller the additional period except in cases expressly indicated in the current legislation.

   

  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.

   

  During shipment, the risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the Customer only when the Customer, or a third party named by him and different from the carrier, physically takes possession of the goods. 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 is not responsible for delays, omissions and inefficiencies in deliveries, due to unforeseeable circumstances or force majeure.

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• Art. 5 PRICES AND SHIPPING COSTS

  PRICES AND SHIPPING COSTS

   

  All prices of goods in the online catalog are expressed in Euro All prices of individual products are VAT excluded and do not include shipping costs and cash on delivery charges. The total amount, visible during the purchase process, is always VAT included.

  The standard shipping costs for custom goods are, as a rule, given by Pubblicarrello.com S.r.l.

   

  Shipping costs for neutral goods (without customization) or for specific Customer needs, are always charged (Express service). The additional costs of the Express service, in the case of the right of withdrawal indicated in Article 7 below, will be charged to the consumer who has chosen a different type of delivery from the standard type offered by the Seller.

  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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• Art. 6 PAYMENT METHODS AND ADDITIONAL PAYMENTS

  METHOD OF PAYMENT

   

  6.1 The payment of the products can be made through one of the following systems:

   

  - credit card

  - bank transfer

  - PayPal

   

  6.2 No fees are charged for payments made with credit cards and PayPal. In any case, before the consumer makes the payment, the Seller asks the express consent of the consumer for any additional payment beyond the agreed remuneration for the Seller's main contractual obligation. The Seller, on its website, does not use pre-established options that the consumer must refuse to avoid payment of commissions or additional costs.

   

  6.3 For cash on delivery payments, a fixed fee of 3% of the cash on delivery value will be applied. This amount will be visible in the CART before making the payment.

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• Art. 7 RIGHT OF WITHDRAWAL

  RIGHT OF WITHDRAWAL

   

  7.1 The consumer Customer has the right to withdraw from the purchase contract, without penalty and without specifying the reason, within fourteen days from the date of delivery of the product.

   

  7.2 The right of withdrawal may be exercised by sending, within the period indicated in paragraph 7.1 above, a written communication to the headquarters of Pubblicarrello.com S.r.l. by e-mail (info@pubblicarrello.com). The consumer Customer may also use the standard withdrawal form as provided for in Annex I, part B of Legislative Decree no. 21 of 21 February 2014.

   

  7.3 The essential condition for the exercise of right of withdrawal is the substantial integrity of the product to be returned. Therefore, the right of withdrawal cannot be validly exercised if the Customer has not taken adequate measures to ensure that the product can be returned in the same condition in which it was received (including the original packaging).

   

  7.4 The Customer who has exercised the right of withdrawal is required to return to the

  address:

   

  Pubblicarrello.com S.r.l.

  Via Domenico Lo Faso n. 12

  90146- Palermo

  e-mail: info@pubblicarrello.com

  Telephone number: 091 670 97 26

   

  the product within fourteen days from the date of withdrawal. The terms are considered respected if the consumer returns the goods before the end of the period of fourteen days. The costs necessary for the return of the product are o re exclusively charged to the customer consumer.

   

  7.5 If the Customer has already made one or more payments, these will be refunded by the Seller within fourteen days from the date he receives the goods or until the consumer has demonstrated that he has returned the goods, whichever occurs first, and at no additional cost to the customer.

   

  7.6 The higher provisions (7.1 to 7.5) apply only to neutral goods. Pursuant to and for the purposes of Art. 5 para. 3 D. Legislative Decree 185/99, the right of withdrawal is not applicable to custom goods. 

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• Art. 8 CUSTOM MERCHANDISE

  CUSTOM MERCHANDISE

   

  8.1 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 drafts, the Customers confirms its 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 on the graphics created from scratch.

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• Art. 9 LIABILITY FOR COPYRIGHT INFRINGEMENT

  LIABILITY FOR COPYRIGHT INFRINGEMENT

   

  9.1 For graphics covered by copyright, the Customer declares under his own responsibility that he has permission to use them, having requested and received permission from the rightful 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.

   

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

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• Art. 10 PRODUCTION AND TECHNICAL DEFORMITIES, TOLERANCES

  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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• Art. 11 PRIVACY POLICY

  Privacy Policy                                                                        

   

  The Pubblicarrello.com srl, owner of the website  www.pubblicarrello.com , is aware of how important your privacy is and undertakes to respect it with respect to all visitors or customers who use our website in accordance with the provisions of the reg . EU 679/2016 and by Legislative Decree No. 101/18

   

  All visitor or customer data collected by browsing the website are used and stored by Pubblicarrello.com srl for the sole purpose of processing the order and making the browsing experience more and more conforming. No data will in any way be transferred or made known to third parties except for the purposes and obligations imposed by the regulations in force and to carry out the task received (for exceptions, consult the privacy policy , the use of cookies , the information collected by third parties is subject to their privacy policies).

   

  Pubblicarrello.com srl may modify this privacy statement at any time, and without notice, to comply with new regulatory provisions or to improve and implement the functionality of the website. In this circumstance the modified version will be published on the site with the date of the last modification made and it will be reported on the homepage that the privacy information has been modified.

   

  After providing your personal data, if you wish to modify or delete them, you can send a written communication to:

  
  Pubblicarrello.com srl 
  Via Domenico Lo Faso n. 12 
  90146 - Palermo 
  Italy

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• Art. 12 LEGAL GUARANTEE OF CONFORMITY

  The Legal Guarantee of Conformity (or Legal Guarantee) is provided for by the Consumer Code in articles 128-135 and establishes the seller's liability for lack of conformity of the goods sold.
  
  All products marketed enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, existing at the time of delivery and which occur within 2 years of delivery. Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products not compliant with their intended use, or effect of normal wear and tear, are excluded from conformity defects and, therefore, from the legal guarantee.
  
  The Customer can ask the seller, at his choice, to repair the good or replace it, free of charge in both cases, unless the requested remedy is impossible or imposes disproportionate costs on the seller.
  
  The consumer customer has the right to a proportional reduction in the price or the termination of the sales contract, in accordance with the provisions of art. 135 bis, paragraph 4, of the Consumer Code and, in particular, if: the seller has not carried out the repair or replacement within the terms and conditions provided for by the Consumer Code, or has refused to bring the goods into conformity; if the lack of conformity is so serious as to justify the immediate price reduction or termination of the contract; if a lack of conformity occurs despite the seller's attempt to restore the conformity of the goods; if the seller has declared (or this is clear from the circumstances) that he will not proceed to restore the conformity of the goods within a reasonable period or without inconvenience.
  
  The consumer customer has no right to terminate the contract if the lack of conformity is only minor.
  
  To benefit from this guarantee, the customer must report the lack of conformity with a communication addressed to the seller indicating the defects and faults found.

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• Art. 13 ODR

  In accordance with current legislation, the European Commission provides a platform for online dispute resolution, accessible by this link:

   

  http://ec.europa.eu/consumers/odr

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• Art. 14 APPLICABLE LAW AND COMPETENT COURT

  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.

   

  Civil disputes relating to the application, interpretation and execution of purchase and sale contracts stipulated on-line, via Internet, through the website "www.pubblicarrello.com" are subject to territorial jurisdiction that identifies the competent court in the Customer consumer’s place of residence or domicile.

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