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General terms of sale



INTRODUCTION

These General Terms of Sale regulate the use of the e-commerce platform www.palcostudio.it and the purchase of the items contained therein (hereinafter the Terms).

We invite you to consult and carefully read these Terms, the Terms of Use, the Privacy and Cookie Policy, before using this e-commerce platform.

We inform you that by using this e-commerce platform or placing an order on it, you agree to these Terms, the Terms of Use, as well as the Data Processing and Protection Policies; therefore, if after having read them, you do not agree with the aforementioned General Terms and the Data Processing and Protection Policies, we invite you not to use this e-commerce platform.

For any questions, clarifications or communications relating to these General Terms or the Data Protection Policies, please contact us using the contact details in the 'Contacts’ section of our e-commerce platform.

REFERENCES

www.palcostudio.it is owned by Palco Srls Unipersonale - with its registered office in Viale Tisia, 112 - 96100 – Siracusa (SR) – e-mail info@palcostudio.it

Contact details can be found in the 'Contacts’ section of our e-commerce platform.

USER DATA AND ACCESS CREDENTIALS

The information or personal data provided by the user will be processed in accordance with the data protection policies.

By using this e-commerce platform, you authorise us to use such information and personal data and declare that all the information and/or personal data provided to us are true and accurate.

METHODS OF USING THE E-COMMERCE PLATFORM

By using our e-commerce platform and placing orders for products on it, you agree to:

  1. use the e-commerce platform only to browse, make consultations and place legally valid orders;
  2. not to place false or fraudulent orders. If we have reasonable grounds to believe that your order has the aforementioned nature, we will be authorised to cancel it or verify the competent authorities, if there are the details;
  3. provide us with your e-mail address, postal address and/or other contacts details truthfully and correctly.

Likewise, you allow us to use the aforementioned information to contact you (please see our Data Processing Policies).

If you do not provide us with all the necessary data, we will not be able to process your order.

By placing an order on our e-commerce platform, you confirm that you are of legal age (18 years or older) and are legally eligible to enter into binding contracts.

COMPLETION OF THE CONTRACT

These General Terms are not an offer to the public, but a mere invitation to make a contractual proposal.

No contractual obligation will exist between you and us until your order is explicitly accepted by us.

If your offer is not accepted and we have already charged you, we will proceed to fully refund you the amount.

To place an order, you will need to follow the online purchase process and click on the 'Pay now’ button.

Afterwards, you will receive an e-mail confirming the receipt of the order (order confirmation).

The order confirmation shall not be considered as an Approval of the order itself, as it constitutes an offer that you make to us for the purchase of the products.

All orders are subject to our approval, of which you will be informed by sending the Shipping Confirmation.

Only the products inside the shipping confirmation will be part of the Contract.

We will have no obligation to supply you with any product that has been included in the Shipping Confirmation, and therefore, until you receive confirmation that the product has been shipped.

PRODUCT AVAILABILITY

All the orders you place are subject to availability. In the event of unavailability or supply problems, we reserve the right to provide you with information relating to replacement products of equal or greater quality and value, giving you the right to decide whether to order them or not.

If you decide not to order the replacement products, we will refund you the amount paid in advance.

REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from our e-commerce platform.

We will do all that we can to process all orders, however, there may be exceptional circumstances which require us to refuse to process orders after the Order Confirmation has been sent and we reserve the right to do so at any time.

We decline any liability towards you or third parties arising from the removal of the products from the website or for the failure to process the order following the order confirmation.

DELIVERY

Notwithstanding the provisions of the preceding paragraphs and except where extraordinary circumstances occur, we undertake to do everything in our power to send the order of the product/s indicated in the relevant Shipping Confirmation by the date indicated in such confirmation of shipping or, if no delivery date is specified, within the deadline estimated when selecting the delivery method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

Nonetheless, there may be delays for different reasons such as the occurrence of unforeseen circumstances or those determined by the delivery area. If for any reason we are not able to meet the delivery terms, we will inform you with the option to continue the purchase by setting a new delivery date, or to cancel the order, with the consequent refund of the full amount paid.

For the purposes of these Terms, the 'delivery’ will be deemed to have taken place, or the order 'delivered’, through the acquisition, by you or by a third party indicated by you, of the material availability or in any case of the control of the products, which will be proven by signing the order receipt to the agreed shipping address.

TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

The product risks will be your responsibility from the moment of their delivery. Ownership of the products shall transfer to you as soon as we have received full payment of all amounts due in respect of the products, including delivery costs, or at the time of delivery (as provided in the previous paragraph), should this occur at a later time.

PRICES AND PAYMENTS

Prices

The price of the products will be the price that is stated on our e-commerce platforms at all times, except where there is an apparent error.

While we try to ensure that all prices on the e-commerce platform are accurate, errors may occur.

If an error occurs or is discovered by us in the price of the products you have ordered, we will promptly inform you, giving you the option of reconfirming your order at the correct amount or cancelling it. If we are unable to contact you, the order will be cancelled and you will be refunded the full amount paid.

In the event of an error that is manifest and unequivocal, and therefore easily identifiable as such, it is understood that we will not have the obligation to supply you with the product/s at the incorrectly indicated price - even if we have already sent the Shipping Confirmation.

Prices may change, at any time. However, except as noted above, changes will not affect orders for which we have sent an Order Confirmation.

The prices on our e-commerce platform include VAT, but exclude shipping costs, which are to be added to the total amount to be paid.

Purchase methods

Once you have selected the items you wish to buy, they will be added to your cart. Subsequently, there will be the completion of the order and the payment.

For this purpose, you will need to follow the purchase instructions, entering or verifying the information requested in each step of the purchase process, requesting the invoice, if desired. You can change your order details at any time during the purchase process, before payment.

Payment methods

Payments can be made by credit cards such as: VISA, Master Card, Maestro – Union pay - American Express and via PayPal - Shopify Payments - Klarna – Google pay -  Apple pay – Top pay.

To reduce the risk of unauthorized access, your card details will be encrypted. Once we receive your order, we will pre-authorise your credit card in order to ensure you have sufficient funds to complete the transaction. Your credit card will be charged when your order leaves our warehouses.

If you have chosen PayPal and similar as a payment method, the charge will be made when we confirm your order. By clicking on the 'Pay now’ button, you confirm that the credit card belongs to you. Credit cards are subject to verifications and authorisation by the card issuer, but if the card issuer does not authorise payment, we will not be liable for any delays or non-delivery and will not be able to enter into a Contract with you.

PURCHASE AS A GUEST

Our e-commerce platform also gives you the possibility of purchasing products as a guest.

When using this purchase method, you are required to provide only the necessary data to process your order.

Upon completion of the purchase process, you will have the option to register as a user, or to continue as an unregistered user.

LEGAL WARRANTY

The products sold through this e-commerce platform are supported by the mandatory legal warranty provided by law in favour of consumers, to cover any defects existing at the time of delivery of the good. The legal warranty covers any defects of conformity of the good that may appear within two years of the delivery, provided that they are reported within two months of discovering the lack of conformity.

Pursuant to applicable legislation, a lack of conformity exists if the product purchased by you:

  • It does not conform to the description provided and does not have the qualities presented on this e-commerce platform;
  • It is not suitable for the use for which the products are normally intended;
  • It does not have the qualities and characteristics for a product of this type and which can reasonably be expected, taking into account the nature of the good and, if applicable, the specific characteristics provided.

To the fullest extent permitted by law, we exclude all additional warranties and those that cannot be waived, except those that cannot legitimately be excluded towards consumers and users.

LIABILITY AND DISCLAIMERS

Unless otherwise indicated in these Terms, our liability regarding any product purchased on our e-commerce platform shall be limited strictly to the price of purchase of said product. Without prejudice to the foregoing, our liability is not excluded nor limited in the following circumstances:

  • In the case of death or personal harm caused by our negligence;
  • In the case of fraud or fraudulent activity;
  • Any circumstances in which it is illegal or unlawful for us to exclude, limit o try to limit our liability.

Notwithstanding the provisions of the preceding paragraph and to the extent permitted by applicable law, and unless otherwise indicated in these Terms, we will not accept any liability for indirect damages, such as:

  • Loss of profit;
  • Loss of turnover;
  • Loss of income or loss of contracts;
  • Loss of expected savings;
  • Loss of data;
  • Waste of office administration time.

Due to the open nature of this e-commerce platform and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this e-commerce platform, unless expressly stated otherwise. These provisions do not limit in any way the rights recognised to the consumers by applicable law.

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyrights, registered or “used” trademarks and any intellectual property rights to the materials or content presented as an integral part of the e-commerce platform are owned by us and those who have granted us license to use them. You may only use such material in ways for which you receive express authorization from us or from those who have granted us license for their use.

This will not prevent you from using this website to the extent necessary to copy your order information or contract data.

Protection of craftsmanship and its artistic value

The products sold in this e-commerce platform are the result of the brainchild and craftsmanship/artistic work of the company and its owners.

For this reason, any reproduction in violation of copyright and intellectual property protection laws is strictly prohibited.

VIRUSES, HACKING AND OTHER CYBER ATTACK RISKS

You must avoid any misuse of this e-commerce platform and avoid the introduction of viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If not authorised, you must not access the website or the server on which it is hosted or any other server, computer or database relating to our website. You undertake not to perform DoS attacks against this e-commerce platform.

Failure to comply with this clause could result in violations defined by the relevant legislation. In case of non-compliance with this paragraph, your authorization to use the e-commerce platform will be immediately withdrawn.

To the fullest extent permitted by applicable law and with respect for the fundamental rights of consumers, we decline any liability for any technological damage to your computer, computer equipment, data or materials as a result of your use of our e-commerce platform or downloading content from it or redirecting you to it.

WRITTEN COMMUNICATIONS

Applicable legislation requires that part of the information and communications that we will send you must be in writing. By using this e-commerce platform, you agree that most communications exchanged with us will be in electronic format. We will contact you via e-mail, or provide you with information by placing appropriate notices on this e-commerce platform. For contractual purposes, you consent to this electronic means of communication by acknowledging that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications must be in writing. This writing does not limit in any way the rights recognised by applicable law.

NOTIFICATIONS

All communications addressed to us must preferably be sent through the customer service channels indicated in the "contacts" section of our website. Except as specified in these Terms, we reserve the right to send you any communications by e-mail or by post to the address provided to us when you placed your order.

Communications will be deemed to have been received and properly notified respectively when posted on our e-commerce platform, 24 hours after an e-mail is sent, or three days after the date of sending. In order to prove notification of a communication, it shall be sufficient to demonstrate, in the case of a letter, that it was correctly addressed, stamped and delivered to the postal service and, in the case of an e-mail, that it was sent to the recipient's e-mail address.

TRANSFER OF RIGHTS

The contract between you and us is binding on both you and us, as well as on our respective successors and assigns. You are prohibited from transferring or assigning the Contract, or any of your rights and obligations under it, without our prior written consent. We shall be entitled to freely transfer, assign, sub-contract or dispose of the Contract or any rights or obligations arising under it, in any manner and at any time. For the avoidance of doubt, any transfer, assignment, sub-contract or other rights to which you, as a consumer, may be entitled or terminated will not reduce or limit in any way any of the warranties or liabilities offered by us, whether expressly or implicitly.

FORCE MAJEURE

We will not be liable in any way for any non-compliance or delayed performance of any of our obligations under the Contract caused by events which are beyond our reasonable control (force majeure events - force majeure events means any act, event, non-occurrence, omission, accident beyond any reasonable control, by way of example but not limited to: strikes, lock-outs or other labour unrest; riots, revolts, invasions, terrorist attacks or threats of other terrorist attacks, wars or threats of war, fires, explosions, storms, floods, earthquakes, landslides, epidemics or any other natural disasters, inability to use railways, maritime and air transports, motor transport or any other means of transport, be it public or private, failure of private or public telecommunication networks, acts, decrees, laws, regulations, restrictions of any government). It is understood that the execution of the obligations under the contract will remain suspended for the entire duration of force majeure events. We will be granted an extension for the execution of the contract equal to the duration of that period. It is understood that, despite force majeure events, we will work to find a solution through which to comply with our contractual obligations.

WAIVER

If we fail, during the execution of the contract, to demand the exact fulfilment of any of your obligations, or of any of the obligations under these general terms, or should we fail to exercise any of the rights or actions of which we have right under the contract or these general terms, this will not constitute a waiver of such rights or actions and will not relieve you from the fulfilment of the relevant obligations. Any tolerance on our part in the face of your non-compliance will not constitute any waiver of reacting to a subsequent non-compliance. No waiver on your part with respect to any of your obligations under the contract or these general terms will be valid unless communicated in writing, in accordance with the provisions of the previous paragraphs.

PARTIAL NULLITY

If any paragraph of the general terms, or part of it, or any of the provisions of the contract, should be judged invalid, illicit or unenforceable by the competent authority, such paragraph, clause or provision will be considered as not in place while the other paragraphs, clauses and provisions will remain valid to the maximum extent permitted by law.

INTEGRITY OF THE CONTRACT

These general terms, as well as any document expressly referred to herein, represent the entire agreement between you and us regarding the subject matter of the contract and supersede any previous agreement or understanding between us, whether oral or written.

Both You and we acknowledge that, in entering into the Contract, neither You nor we have relied on any representation, undertaking or promise made by the other party, or inferred from what was said or written in negotiations prior to the Contract, but only on what expressly stated in these Terms. Both You and we shall be entitled to remedy any false statements made by the other party, whether orally or in writing, prior to the date of each Contract (unless such false statement was made fraudulently) and the sole actions that the other party may undertake will be for breach of the Contract, as provided in these Terms.

THE RIGHT TO AMEND THESE TERMS

We reserve the right to revise and amend these Terms at any time.

You will be subject to the General Terms in force at the time of the order, unless a change to the General Terms or Data Protection Policies needs to be made by law or at the request of a government authority (in which case it will also apply for orders already sent to us).

APPLICABLE LAW AND JURISDICTION

The use of our e-commerce platform and the contracts for the purchase of products through this e-commerce are governed by Italian law.

For any dispute arising out of or in connection with the use of the e-commerce platform or with such contracts, in the event of judicial action, the Judge of the place of residence or domicile of the consumer shall have jurisdiction.

If you enter into the Contract as a consumer, this clause does not affect, in any way, the rights that the law recognises you as a consumer.

REQUESTS, COMPLAINTS AND EUROPEAN PLATFORM FOR ONLINE CONSUMER DISPUTE RESOLUTION

For any comments, suggestions, requests for information or complaints, we invite you to contact us via our customer service channels indicated on our e-commerce platform. Our customer service will handle the requests and complaints received as soon as possible and, in any case, in compliance with the legally established deadlines. If as a consumer you believe that your rights have been violated, you can address your complaints to us via the e-mail address info@palcostudio.it in order to request an out-of-court resolution of disputes. To this end and in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court resolution of disputes, relating to the orders placed on this website, through the European ODR (Online Dispute Resolution) platform http://ec.europa.eu/consumers/odr made available by the European Commission for the out-of-court resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals.