The following general sales conditions regulate the purchase – online or by telephone- for items (“products”) on the www.pleniluniosrl.it website, administered by Plenilunio srl, with registered office in Campi Salentina, via Garibaldi n. 17, whose legal representative is Mrs Anna Plenilunio.
The following general sales conditions govern the purchase contract and the shipping of the order (as clarified in part A, section 1.2), so it is highly recommended to read them carefully, as they imply the acceptance by the customer.
In addition, the general terms of sale referring to the “consumers” (as described below) will apply exclusively with subjects under this definition. Consumers will benefit of the protection foreseen in case of contracts in compliance with “Titolo III, part II, leg. decree 6 September 2005, n. 206 (“Consumer’s protection Code”), by the Consumer’s protection Code and any other enforceable law.
The right of withdrawal of the Consumer is governed by the clauses specified below.
1.1 Part A . General terms apply to all orders referring to purchase of products and placed to Plenilunio through the website or calling the telephone number indicated.
1.2 In the general sales conditions we specify the following definitions:
CONSUMER: any adult person placing an order (individuals acting for purposes unrelated to their commercial, entrepreneurial, or professional activity, if any.)
PROFESSIONAL: any adult person placing and order unrelated to his/her commercial, entrepreneurial, or professional activity, if any.
CUSTOMER: either a consumer or a professional
CONTRACT: any agreement between Plenilunio and a customer regarding the purchase of one or more products, concluded, depending on the methods, and regulated by these terms and conditions.
WORKING DAY: any day of the week, except Saturdays , Sundays and all the public holidays foreseen by Italian law.
ORDER: any reuqest regarding the purchase of one or more products made by a customer to Plenilunio.
1. Scope and application. Definitions.
2. Download and consulting of terms and clauses of the contract
2.1 The Customer can retain a copy of these General sales conditions, as well as of the other documents that are part of the contract regarding the purchased products on the website, using the functions of his/her browser. It is also possible to download the conditions in PDF format and save them.
2.2 The data of each order will be saved by Plenilunio in its system, using the proper tools to safeguard privacy.
3. The contract
3.1 The contract of purchase shall be drawn up in Italian only.
3.2 The images of products on the website are for illustrative purposes only, useful to place an order. They do not imply any obligation for Plenilunio, and do not represent offers to public, according to art. 1336, of the Italian civil code, as Plenilunio shall freely decide whether to accept or not the orders.
3.3 Contract via Internet
3.3.1 In order to buy one or more products via internet, the customer will have to register onto the website, relaying to Plenilunio , in compliance with the privacy law, all the information needed for the delivery of the orders placed.
3.3.2 Once completed the registration, the customer will be able to select the products, adding them to a virtual “shopping cart”, which can be inspected before placing the order.
3.3.3 Clicking on the button “Confirm order”, the customer will forward the order. Before placing it, the customer will be able to check the data, clicking the button : “Indietro”, in order to see and correct any possible mistakes.
3.3.4 Clicking on the button “Place your order” , in the end of the procedure, the customer will place the order to Plenilunio. Any order placed following this procedure will be actually considered as a contract proposal by the customer . After that, Plenilunio will send a confirmation email, to inform the customer about the availability of the products.
3.3.5. Plenilunio reserves the rights not to process the orders received without any possibility for the customer to lay claims to Plenilunio.
An order will be considered accepted and processed, and the contract terminated, when the customer will receive a confirmation e-mail by Plenilunio.
4. Prices and shipping costs
The price of the products which you find on the homepage or in the sections of the websites include V.A.T. but do not include any taxes, duties or supplements applied by the customer’s Country, when it isn’t Italy, for which the customer will be charged.
5. Payment and delivery
5.1. The customer shall payin full the price of the products ordered, when placing the order. If Plenilunio shall not accept the order, will promptly refund the customers the amount paid.
When placing an order, Plenilunio could propose several payment methods such as, e.g. credit card (Visa, MasterCard, American Express), via the protected “Paypal”, pre-payed card (e.g. “Postepay”) and bank transfer. The Customer must inform Plenilunio about the payment method selected.
5.2 Plenilunio will deliver the products through couriers selected by our Company.
5.4. Plenilunio will not be responsible for any delays or failed delivery in the following cases :
a) Though promptly buying the materials needed to process the order received, there is a delay in the delivery of the supplier;
(b) It isn’t able to compensate for the missing products, depending on external circumstances, and
(c) it has promptly informed the Customer about the unavailability.
However, if the customer is a consumer and the unavailability of goods, due to circumstances specified in letters a) and b) , doesn’t allow the delivery within 30 days from the order, Plenilunio will refund the consumer any advanced payment within 30 days from they day after the order has been placed.
5.5. Plenilunio will not accept liability for any failed or delayed delivery due to unforeseen circumstances or any act of God.
If the unforeseen circumstances endure longer than 30 days, each part will have the right to terminate the contract, without any compensation to the customer, without prejudice to the refund of what has been paid as price of the product.
6. Warranty and complaint handling
6.1. The regulations about warranty, here attached, shall apply to the purchases made by the consumers, if the rules of The Consumer’s protection Code on warranty towards the Consumers.
6.2. Should the Consumer notice any flaw or defect in the products purchased in compliance with the general sales conditions, he/she can inform Plenilunio within 15 days from the occurrence, following the procedure described in the GSC and ask for the product to be repaired or replaced.
The consumer shall decide whether to repair or replace it, with the exception of the case in which the choice made is, as a matter of fact, impossible or too expensive compared to the alternative.. Plenilunio shall take care of the repair or replacement within an adequate time limit , from the request. The Consumer shall have to describe in details and the type of flaw detected and possibly forward to Plenilunio the documents regarding the Order: the order number, the consumer’s number and any other useful information to identify the complaint.
If the consumer receives no answer within 5 – five- working days. If (I)the repair or replacement should be impossible or too expensive, (II)or they do not take place within an adequate time limit, (III)or they should cause too much bother to the Consumer, he/she can ask for a price reduction or the termination of the contract.
The contract won’t be terminated for defects of little importance, which cannot be fixed up or whose repair/replacement would be too expensive.
6.5 Let it be understood that the previous sections 4.1, 4.2, 4.3 and 4.4. will not apply in case of flaws/defects detected in products buyed by professionals, to which, expect in cases foreseen by law, Plenilunio won’t issue any warranty.
8. Replacement clause
If a present or future regulation of the GSC or contract shall become fully or partially invalid and/or
inefficient or shall a gap be noticed in the GSC/contract, the other regulations specified shall be valid and
Let it be understood that Plenilunio and the Customer shall negotiate in order to find an agreement leading to the results targeted by the void/invalid, inefficient clause, and in order to safeguard the economic agreement of the contract.
9.Right of withdrawal
9.1 In compliance with the information obligations of art. 52, par. 1, lett. (f) and (g) of the Consumer’s protection code, in part 2.3 are stated terms and conditions governing the right of withdrawal in favour of the Consumer, as regulated by the Consumer’s Protection Code
9.2 We wish to specify that, however, the right of withdrawal shall not be applied to products that, for their own nature, cannot be dispatched back or could rapidly deteriorate.
10. The right of withdrawal is subject to the following conditions, foreseen by the Consumer’s protection Code.
In compliance with the regulations of the Consumer’s protection Code, the Consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale.
To exercise the right to withdraw, the Consumer shall send, within 10- ten- working days from delivery of the products (in case of multiple delivery, from the day of the latest partial delivery) the appropriate communication (without having to provide any explanation or reason why) via certified mail, or fax or e-mail, confirmed by certified mail within the next 48 hours, to the address specified below.
To exercise the right to withdraw , the Consumer shall return the product to Plenilunio’s office, indicated in this document, within 10- ten- days from delivery of the item.
The products shall be delivered fully intact, in order for the withdrawal right to be validly exercised. It is enough to return the product in a normal state of conservation, kept with care and diligence.
Consequences of withdrawal
Shall the Consumer exercise his right to withdraw in accordance with the provisions set forth by the GSC, the services rendered by the consumer and/ or by Plenilunio shall be returned. Plenilunio shall reimburse the price paid by the Consumer, is the product has been returned within 30 (thirty) days from the communication of withdraw, or if antecedent, from the day when Plenilunio has received the product from the Consumer. The Customer shall de liable for any risk connected to damage or destruction of the product when despatched, as in this case the products could not be considered intact, and withdraw shall not be permitted.
11. Instructions for the exercise of the right of withdrawal.
A far data from the deadline of 10 –ten- working days to exercise the right to withdraw in compliance with the Consumer’s protection code, and as an integration to it, the Consumer shall have the right to withdraw within the 20- twenty- next days.
11.1 If the Consumer wants to exercise his right to withdraw, the products shall be returned:
– properly packed in their original packaging, in a perfect condition (with no signs of wear, damaged or dirty) and possibly complete with all parts, accessories, instructions/notes supplied;
– with their shipping document (which you find in the original packaging);
– with no signs of wear, expect those due to a normal test of the item. They shall not bear any trace of a prolonged use (longer than a few minutes) and be in a condition that would allow resale. If the returned product shall not be compliant to what described in the previous part, withdrawal shall not be allowed.