Terms and conditions
All trademarks mentioned and used belong to their rightful owners.
Contract for the online sale of consumer goods
The Buyer expressly declares that the purchase is made for purposes unrelated to any commercial or professional activity carried out.
Identification of the Supplier
The goods subject to these general conditions are sold by PG Service di Giusino Francesco with headquarters/branch in Palermo, VAT number 05625250823, hereinafter referred to as "Supplier".
Art. 1
Definitions
1.1. The term "online sales contract" refers to the sales contract concerning the tangible movable goods of the Supplier, concluded between the Supplier and the Buyer within a distance selling system through telematic tools organized by the Supplier.
1.2. The term "Buyer" refers to the individual consumer who makes the purchase, as defined in this contract, for purposes not related to any commercial or professional activity that may be carried out.
1.3. The term "Supplier" refers to the entity indicated in the heading or the service provider of information.
Art. 2
Object of the contract
2.1. With this contract, the Supplier sells and the Buyer purchases at a distance through telematic tools the tangible movable goods indicated and offered for sale on the website www.pgservice.cc.
2.2. The products referred to in the previous point are illustrated on the web page: www.pgservice.cc.
Art. 3
Methods of concluding the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet by the Buyer's access to the address www.pgservice.cc, where, by following the indicated procedures, the Buyer will formalize the proposal for the purchase of the goods as per the contract for the purchase of goods referred to in point 2.1 of the previous article.
Art. 4
Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by accurately filling out the request form and expressing consent to the purchase through the online submission or by completing the form attached to the online electronic catalog at the address www.pgservice.cc and subsequently sending the form, always after viewing a printable summary web page of the order, which includes the details of the purchaser and the order, the price of the purchased good, shipping costs, any additional charges, payment methods and terms, the address where the good will be delivered, delivery times, and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, it will send a confirmation email or display a confirmation and summary web page of the order, which is also printable and includes the data mentioned in the previous point.
4.3. The contract is not considered perfected and effective between the parties in the absence of what is indicated in the previous point.
Art. 5
Payment methods and refunds
5.1. Any payment by the Buyer can only be made through one of the methods indicated on the specific web page by the Supplier.
5.2. Any refund to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, promptly and, in the case of exercising the right of withdrawal, as regulated by art. 13, point 2 et seq. of this contract, no later than 14 days from the date the Supplier became aware of the withdrawal.
5.3. All communications related to payments occur on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the current regulations on the protection of personal data.
Art. 6
Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products using the methods chosen by the Buyer or indicated on the website at the time of the offer of the good, as confirmed in the email referred to in point 6.2. Shipping times may vary from the same day of the order to a maximum of 5 working days from its confirmation. If the Supplier is unable to ship within this timeframe but, in any case, within the one indicated in the next point, timely notice will be given via email to the Buyer.
6.3. The methods, times, and costs of shipping are clearly indicated and well highlighted at the address http://www.pgservice.cc/it/pages/index/pagamenti-13/.
Art. 7
Prices
7.1. All selling prices of the products displayed and indicated on the website www.pgservice.cc are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Civil Code.
7.2. The selling prices, as referred to in the previous point, include VAT. Shipping costs, if applicable, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is submitted by the Buyer and also included in the order summary web page.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalog and may be modified or corrected by the seller at any time without the need for prior notice or communication.
Art. 8
Product Availability
8.1. If an order exceeds the quantity available in stock, the Supplier will notify the Buyer via email whether the item is no longer reservable or what the waiting times are to obtain the chosen item, asking if they wish to confirm the order or not.
8.2. The Supplier's computer system confirms the registration of the order as soon as possible by sending the User an email confirmation, pursuant to point 4.2.
Art. 9
Limitations of Liability
9.1. The Supplier shall not be liable for disruptions due to force majeure if it is unable to fulfill the order within the timeframes established by the contract.
9.2. The Supplier shall not be held responsible towards the Buyer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions related to the use of the Internet beyond its own control or that of its subcontractors.
9.3. The Supplier shall also not be liable for damages, losses, and costs incurred by the Buyer as a result of non-fulfillment of the contract for reasons not attributable to it, with the Buyer having the right only to the refund of the price paid for the item.
9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards, checks, and other means of payment for the purchase of products, provided it demonstrates that it has taken all possible precautions based on the best knowledge and experience of the time and according to ordinary diligence.
9.5. In no case shall the Buyer be held responsible for delays or issues in payment if it can prove that it executed the payment within the times and methods indicated by the Supplier.
Art. 10
Liability for Defects, Proof of Damage, and Compensable Damages: The Supplier's Obligations
10.1. Pursuant to Articles 114 et seq. of the Consumer Code, the Supplier is liable for damages caused by defects in the sold goods if it fails to communicate to the Damaged Party, within 3 months from the request, the identity and address of the manufacturer or the person who supplied the goods.
10.2. The aforementioned request by the Damaged Party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to view the product, if still available.
10.3. The Supplier shall not be held liable for the consequences arising from a defective product if the defect is due to the product's compliance with a mandatory legal norm or binding provision, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow for the product to be considered defective.
10.4. No compensation shall be due if the Damaged Party was aware of the defect of the product and the danger it posed and nonetheless voluntarily exposed themselves to it.
10.5. In any case, the Damaged Party must prove the defect, the damage, and the causal connection between the defect and the damage.
10.6. The Damaged Party may request compensation for damages caused by death or personal injury or for the destruction or deterioration of something other than the defective product, provided it is of a type normally intended for private use or consumption and thus mainly used by the Damaged Party.
10.7. Damage to items referred to in Article 123 of the Consumer Code shall, however, be compensable only to the extent that it exceeds the sum of three hundred eighty-seven euros (€ 387).
Article 11
Guarantees and Assistance Methods
11.1. The Supplier is liable for any non-conformity defect that manifests within 2 years from the delivery of the goods.
11.2. For the purposes of this contract, it is presumed that consumer goods are conforming to the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the Seller and possess the qualities of the goods that the Seller presented to the Consumer as a sample or model; c) they present the usual quality and performance of goods of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, if applicable, the public statements regarding the specific characteristics of the goods made by the Seller, the manufacturer, or their agent or representative, particularly in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and that has been communicated to the Seller at the time of the conclusion of the contract and that the Seller has accepted even through conclusive facts.
11.3. The Buyer loses all rights if they do not report the non-conformity defect to the Seller within 2 months from the date the defect was discovered. Reporting is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is presumed that non-conformity defects that manifest within 6 months from the delivery of the goods existed at that date, unless this assumption is incompatible with the nature of the goods or the nature of the non-conformity defect.
11.5. In case of non-conformity defect, the Buyer may alternatively and at no cost, under the conditions indicated below, request the repair or replacement of the purchased goods, a reduction in the purchase price, or the termination of this contract, unless the request is objectively impossible to fulfill or is excessively burdensome for the Supplier under Article 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by registered mail with acknowledgment of receipt, to the Supplier, who will indicate their availability to proceed with the request, or the reasons that prevent them from doing so, within 7 working days from receipt. In the same communication, if the Supplier has accepted the Buyer's request, they must indicate the shipping or return methods of the defective goods as well as the expected timeframe for the return or replacement of the defective goods.
11.7. If the repair and replacement are impossible or excessively burdensome, or if the Supplier has not provided for the repair or replacement of the goods within the timeframe mentioned in the previous point or, finally, if the previously carried out replacement or repair has caused significant inconvenience to the Buyer, the Buyer may request, at their choice, a reasonable reduction of the price or the termination of the contract. In this case, the Buyer must send their request to the Supplier, who will indicate their availability to proceed with it, or the reasons that prevent them from doing so, within 7 working days from receipt.
11.8. In the same communication, if the Supplier has accepted the Buyer's request, they must indicate the proposed price reduction or the return methods of the defective goods. In such cases, it will be the Buyer's responsibility to indicate the methods for the reimbursement of the amounts previously paid to the Supplier.
Article 12
Buyer's Obligations
12.1. The Buyer agrees to pay the price of the purchased goods within the times and methods indicated in the contract.
12.2. The Buyer agrees, once the online purchase procedure is concluded, to print and keep this contract.
12.3. The information contained in this contract has already been viewed and accepted by the Buyer, who acknowledges this, as this step is made mandatory before the purchase confirmation.
Art. 13
Right of withdrawal
13.1. The Buyer has the right to withdraw from the contract concluded, without any penalty and without specifying the reason, within 14 (fourteen) days from the day of receipt of the purchased goods.
13.2. In the event that the professional has not fulfilled the information obligations regarding the existence, methods, and timing of the return or collection of the goods in case of exercising the right of withdrawal referred to in Article 52 of the Consumer Code, the term for exercising the right of withdrawal is 90 (ninety) days and starts from the day of receipt of the goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, they must notify the Seller via email at info@pgservice.cc. A response will be provided to this email containing the instructions to follow to exercise the right of withdrawal, which may occur at the expense of the buyer.
13.4. To be entitled to a refund of the price paid, the goods must be returned intact and, in any case, in normal condition, in the original box and with their packaging. Products received damaged, scratched, used, or with other signs due to transport, assembly, or use of the goods will not be refunded.
13.5. The Buyer cannot exercise this right of withdrawal for contracts for the purchase of custom-made products or clearly personalized products or those which, by their nature, cannot be returned or risk deteriorating or altering rapidly, for the supply of newspapers, periodicals, and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional cannot control and in any other case provided for in Article 55 of the Consumer Code.
13.6. The Supplier will provide a refund of the amount paid by the Buyer free of charge within 7 (seven) days from the receipt of the returned product, minus the original shipping costs.
13.7. Upon receipt of the communication in which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to what is provided in the previous points of this article.
Art. 14
Causes of resolution
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful payment made by the Buyer using the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential in nature, so that, by express agreement, the non-fulfillment of even one of these obligations, if not caused by fortuitous events or force majeure, will result in the automatic resolution of the contract pursuant to Article 1456 of the Civil Code, without the need for a judicial pronouncement.
Art. 15
Protection of the Buyer’s Privacy and Data Processing
15.1. The Supplier protects the privacy of its customers and ensures that data processing is in compliance with the privacy regulations set forth in Legislative Decree No. 196 of June 30, 2003.
15.2. The personal and tax data acquired directly and/or through third parties by PG Service of Giusino Francesco, the data controller, are collected and processed in paper, computer, and telematic form, in relation to the processing methods for the purpose of recording the order and activating the procedures for the execution of this contract and the necessary communications, as well as for fulfilling any legal obligations, and to allow effective management of commercial relationships to the extent necessary to best provide the requested service (art. 24, paragraph 1, letter b, Legislative Decree 196/2003).
15.3. The Supplier undertakes to treat the data and information transmitted by the Buyer confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited at the request of the judicial authority or other authorities authorized by law.
15.4. Personal data will be communicated, subject to the signing of a confidentiality commitment regarding the data, only to subjects delegated to carry out the activities necessary for the execution of the contract and communicated exclusively within that purpose.
15.5. The Buyer enjoys the rights provided for in Article 7 of Legislative Decree 196/2003, namely the right to obtain:
a) the updating, rectification, or, when relevant, the integration of the data;
b) the deletion, transformation into anonymous form, or blocking of data processed in violation of the law, including those for which retention is not necessary concerning the purposes for which the data were collected or subsequently processed;
c) certification that the operations referred to in letters a) and b) have been brought to the attention, including regarding their content, of those to whom the data have been communicated or disclosed, except in cases where such fulfillment proves impossible or involves the use of means manifestly disproportionate to the protected right. The data subject also has the right to oppose, in whole or in part: i) for legitimate reasons to the processing of personal data concerning him, even if relevant to the purpose of collection; ii) to the processing of personal data concerning him for the purposes of sending advertising material or direct sales or for conducting market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. In the absence of such data, the Buyer’s request cannot be processed.
15.7. In any case, the acquired data will be kept for a period not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will occur securely.
15.8. The data controller for the collection and processing of personal data is the Supplier, to whom the Buyer can direct any requests at the company headquarters.
15.9. Anything that may arrive at the postal (including electronic) address of the Center (requests, suggestions, ideas, information, materials, etc.) will not be considered confidential information or data, must not violate the rights of others, and must contain valid, non-infringing, and truthful information; in any case, the Center shall not be held responsible for the content of such messages.
Art. 16
Contract Storage Methods
16.1. Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that every order sent is stored in digital/paper form on the server/at the Supplier's headquarters according to confidentiality and security criteria.
Art. 17
Communications and Complaints
17.1. Written communications directed to the Supplier and any complaints will only be considered valid if sent to the following email address: info@pgservice.cc. The Buyer indicates in the registration form their residence or domicile, the telephone number, or the email address to which they wish communications from the Supplier to be sent.
Art. 18
Dispute Resolution
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Palermo and resolved according to the Conciliation Regulation adopted by it.
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elected domicile of the Consumer, which is mandatory pursuant to Article 33, paragraph 2, letter u) of Legislative Decree 206/2005.
Art. 19
Applicable Law and Reference
19.1. This contract is governed by Italian law.
19.2. For anything not expressly provided for here, the applicable legal norms concerning the relationships and the cases provided for in this contract apply, particularly Article 5 of the Rome Convention of 1980.
19.3. Pursuant to Article 60 of Legislative Decree 206/2005, the rules contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to here.
Art. 20
Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, that has previously taken place between the Parties concerning the subject of this contract.