General Conditions of Sale
“Online Contract of Sale”: the agreement of purchase and sale between the “Seller” and “Customer” within the context of a system of distance sale of goods by electronic means, which has the products offered on the Site as the subject matter.
“Site”: the website “www.shopifex.com” owned by SHOPIFEX di Pugnali Debora, or other sites and platforms it operates, where the stipulation of an online Contract of Sale is possible.
“Seller”: the company SHOPIFEX di Pugnali Debora, supplier of the products offered for sale on the Site.
“Customer” (or “You”): the natural person (consumer or professional) or legal person purchasing products on the Site.
“Products”: the goods that are the subject matter of online sale on the Site.
“Consumer”: the customer (natural person) who is purchasing for purposes other than those of his or her business or professional trade.
“Professional”: the natural or legal person other than the “Consumer” which is purchasing for purposes associated with its own entrepreneurial, commercial, craft or professional activity, or its intermediary.
“The Parties”: collectively, SHOPIFEX and the Customer.
“Consumer Code”: Italian Legislative Decree no. 206/2005 as amended by Italian Legislative Decree no. 21/2014 dictating consumer protection rules relative to commercial transactions concluded between business and consumer outside a physical store.
1. General Provisions
The conditions specified below are only applicable between the company SHOPIFEX di Pugnali Debora – with registered office in via San Terenziano 9, fraz. Marcellano, Gualdo Cattaneo, Italy – registered at the Chamber of Commerce of PERUGIA under no. PG 293931 of the Business Register, tax ID PGNDBR84R59D653G, VAT no. 03430660542, and the Customer purchasing online on the website www.shopifex.com, according to the provisions of the Consumer Code under Italian Legislative Decree no. 206/2005 amended by Italian Legislative Decree no. 21/2014, and Italian Legislative Decree no. 70/2003 on electronic commerce.
The General Conditions of Sale may be subject to changes by the Seller. In any case, the online Contract of Sale will be governed by the General Conditions of Sale published on the Site at the time the Customer’s purchase order is sent.
2. Applicable Legislation
In addition to being governed by these General Conditions of Sale, the online Contract of Sale is also governed by the Consumer Code (Italian Legislative Decree no. 206/2005 as amended by Italian Legislative Decree no. 21/2014) and by Italian Legislative Decree no. 70/2003 on electronic commerce.
Consumer protection legislation is not applicable to Professionals purchasing for purposes connected to their entrepreneurial, commercial or professional activity, without prejudice to the applicability of the other conditions.
3. Subject Matter
The subject matter of these General Conditions of Sale is the online sale of products via an electronic commerce service on the site www.shopifex.com.
The essential characteristics of the products that are the subject matter of the contract are described in specific technical sheets, which include photographic images and which you, as the Customer, must view prior to sending your purchase offer.
The product as represented in the photographs and the actual product may differ slightly due to the photographic reproduction of the product as well as to the artisanal nature of some products.
4. Purchase Conditions
Product purchase operations and the stipulation of the related contract are subject to your viewing and acceptance of these General Conditions of Sale. As the Customer, you must indicate that you have read and accept the general conditions by flagging the relevant box before confirming your order.
These General Conditions of Sale, as provided for by article 51, paragraph 1 of Italian Legislative Decree 206/2005 as amended by Italian Legislative Decree 21/2014, can be downloaded and stored by clicking on the link included in the order confirmation email you will receive from the Seller.
5. Information to the consumer, as per Consumer Code Article 49, and Italian Legislative Decree 70/2003 Article 7
Pursuant to article 49 of the Consumer Code and article 7 of Italian Legislative Decree 70/2003, before an order is submitted and becomes binding, you must be given the following information:
- seller’s identity: SHOPIFEX di Pugnali Debora;
- seller’s registered office: via San Terenziano 9, 06035 – fraz. Marcellano – Gualdo Cattaneo (PG) - Italy;
- registration number in the Business Registry: Chamber of Commerce of Perugia no. PG 293931;
- tax ID: PGNDBR84R59D653G;
- VAT number: 03430660542;
- Seller’s contact information: e-mail info[at]shopifex.com; certified electronic mail shopifex[at]pec.it
- essential characteristics of the products, which are described in the specific technical sheets found on the site, including photographic images of each product;
- prices of the products: see clause 11 below regarding general determination criteria;
- payment and delivery terms and methods, specified under clauses 12 and 13 below;
- the conditions, terms and procedures for exercising your right of cancellation, specified under clause 14 below;
- the existence of a legal guarantee of conformity for the purchased goods, described under clause 15 below.
The online publication of these General Conditions of Sale qualifies as the submission of information to the Consumer-Customer on a durable medium, as required under article 51, paragraph 7 of the Consumer Code.
6. Information for the Conclusion of the Contract as per Article 12 of Italian Legislative Decree 70/2003
Pursuant to article 12 of Italian Legislative Decree 70/2003, the Seller is required to submit the following additional information to you, the Customer, before the order is sent:
- the technical steps to follow to conclude the contract, described in clause 8 below;
- how the concluded Contract will be stored and how to access it, specified in clause 9 below;
- the technical means available to the Customer to correct data input errors before the order is sent, described in clause 8 below;
- the languages in which the contract can be concluded: in addition to Italian, you can also conclude the contract in English;
- dispute management tools, described in clause 21 below.
You have the option of storing and reproducing the above-mentioned clauses and conditions by saving the web page or copying and pasting them.
The products are sold directly by SHOPIFEX di Pugnali Debora.
The products are sold to you, the Customer, as identified through the details you entered at the time you filled out and sent the electronic order.
The offer of products on the Site is intended for adult customers age 18 and over.
Individuals under the age of 18 are not allowed to purchase on the Site unless through a parent or legal guardian.
By placing an order on this site, you attest that you are 18 years of age or older and have the legal capacity to enter into a binding contractual obligation.
The Seller assumes no responsibility for orders placed by subjects who do not have said capacity and are not under the supervision of a parent or legal guardian.
Providing a false name and/or pseudonym during the online ordering procedure and in other communications is prohibited. The Seller reserves the right to take legal action to protect its rights in the event of breach and abuse of the above.
8. Purchase Procedure and Conclusion of the Contract
The conclusion of the contract takes place exclusively on the Internet through your access to the website address www.shopifex.com and placement of a purchase order with payment obligation by following the Site’s step-by-step procedure.
You may check and correct the information entered at any time, before proceeding to the next step.
In addition, the system automatically generates warnings related to any required information you fail to enter in the various fields of the order form.
It is possible to make corrections until the time your order is submitted.
You can make a purchase whether you are a registered customer with a SHOPIFEX account or not. Setting up a SHOPIFEX account is free of charge, involves no obligation on your part and makes exercising your right of cancellation (Clause 14 – Right of Cancellation) easier.
If you wish to make a purchase without creating a personal SHOPIFEX account, you will have to provide your name, last name, email address, telephone number, and address where the goods will be delivered every time you access the Site.
If you have a personal SHOPIFEX account, you will be able to access and proceed directly to the order and payment for the merchandise without filling out your information each time.
The steps in the purchase process may vary depending on the choices you make.
Generally, after you select the quantity and optional features (if any) of the product you intend to purchase from the product page, you have to select the option “Add to your shopping bag”.
Then, you will be able to view all the items on your bag by selecting the “Shopping bag” icon in the upper right corner of each page.
To proceed to the purchase of the items in your shopping bag, you have to select the option “Proceed to checkout” in the lower part of the “shopping bag” area.
The checkout process includes the following 4 steps:
- Personal details
- Shipping method
In this step, you provide your personal details through one of the following options:
- by logging into your SHOPIFEX account (if you already have one);
- by providing your name, last name, telephone number and email address (if you intend to make a purchase without registering an account);
- by registering a SHOPIFEX account, to speed up the purchasing process the next time you order.
In this step, you provide the address where you want the purchased merchandise to be shipped and, if you want to receive the invoice, your tax ID, VAT number and billing address (if different from the shipping address).
In this step, you choose which carrier and which shipping terms you wish to receive the purchased merchandise with.
Method of Payment
In this step, you choose the method of payment for the merchandise you are purchasing.
If you choose payment by credit card, prepaid card or a PayPal account, you will be redirected to the page of the virtual POS service to make the payment.
Once you complete the payment transaction, you will be redirected to the Site again and shown all the details of your purchase.
The contract of sale is considered concluded when SHOPIFEX sends you a confirmation email containing: your details, the order reference number, price of the items purchased, shipping costs, any additional charges, the shipping address where the goods will be delivered, and billing address (if different).
You agree to ensure that the personal details therein are correct and to inform SHOPIFEX of any changes immediately.
The Seller reserves the right to reject orders from any Customer with whom a legal dispute over a prior order is ongoing, or any Customer that has previously breached the conditions of the online purchase contract, or any Customer that has been involved in fraudulent activities of any kind.
9. Storage of and Access to Contract
As soon as the contract is concluded, you will receive a confirmation email containing a link to download and store a copy of the General Conditions of Sale.
Afterwards, you can access your personal area to view a summary of your purchases and related sales receipts.
10. Product Availability
Product availability refers to the actual availability at the time the order is confirmed.
Availability must be verified on each occasion, as the presence of multiple users on the site simultaneously means items could be sold to other Customers before the order is confirmed.
If the merchandise is only partially available or completely unavailable at the time of the order, SHOPIFEX will contact you. You will then have the option either to cancel the order, entitling you to a full refund of the sum you paid (if any) within 14 days, or wait for the new delivery time.
All prices are shown in Euros and include VAT where applicable.
Shipping costs, if not included in the purchase price, are calculated separately and specified before you make the payment.
The product prices and shipping costs specified on the order do not include customs duties and taxes you may have to pay for shipping to countries outside of the European Union or to countries where existing regulations require duties on imported goods. These costs are your responsibility and must be paid at the time the products are delivered, in accordance with the regulations in force in the country of destination.
If there is an obvious error in the selling price (excessively high or low) as a result of a computer, manual or other error, the purchase order will be considered null and void and will be cancelled and any amount you may have paid will be refunded within 14 days of the date the order was cancelled.
12. Payment Methods
To pay the price and shipping costs, you must use one of the methods specified in the order form. These are:
- credit cards and prepaid rechargeable cards from the following networks: MasterCard, Maestro, Visa, Visa Electron, American Express, Aura through the PayPal secure gateway.
You must be the holder of a valid credit card with sufficient funds to cover all the costs of the purchase.
The price of the products and the shipping costs will be charged to your credit card as soon as the order is confirmed by the Seller;
If you have a PayPal account, you can make the payment directly on www.paypal.com using your registration email and password;
- Wire transfer to the account of SHOPIFEX di Pugnali Debora using the following information:
Banca Intesa Sanpaolo
Account holder: SHOPIFEX di Pugnali Debora
BIC/SWIFT: BCITITMM (for wire transfers from Countries other than Italy).
At no stage of the ordering process will the Seller come to be aware of the credit card information (credit card number, expiration date, etc.) provided by you. These details will be transferred via a security protocol-protected connection directly to the website of the third party processing the electronic payment (bank or PayPal).
The Seller’s computers do not store this information.
If requested, the invoice will be issued in the name of the Customer making the purchase.
As the Customer, you declare your full entitlement to use the chosen payment instrument.
Under no circumstances will the Seller be held liable in the event of fraudulent or illegal use of credit cards and prepaid cards by third parties.
13. Product shipping and delivery
The products on the Site can be shipped from stock, made to order or pre-ordered. The latter method lets you purchase up-coming collection releases in advance, before production begins. The delivery time will vary depending on whether the items are already in stock or have to go into production.
In any case, the delivery time will be as shown on the data sheet of each product.
If you purchase several products with a single order which have different production times, the delivery time will be based on the longest applicable production time.
In any case, SHOPIFEX will ship the goods only after it has received payment of the purchase price and shipping costs.
The products will be delivered by carrier to the address you indicated in the order form.
Upon receiving the goods, you are responsible for verifying that the parcels are not damaged. If damaged, have the carrier write down the condition of the packages as they arrived in detail and refuse the delivery.
Invoices for sold merchandise will be issued only at your explicit request and sent to you both via e-mail and together with the goods.
No changes to invoices can be made once issued.
14. Right of Cancellation
Only if you as the Customer stipulating the contract qualify as a Consumer (see definition of “Consumer” under the Definitions), may you exercise your right of cancellation as provided for by the Consumer Code.
If, instead, you stipulated the on-line contract as a Professional (see definition of “Professional” under the Definitions), the provisions of the civil code will apply.
According to the provisions of the Consumer Code, as the Customer-Consumer you have the right to cancel the purchase without incurring any penalties or specifying a reason within 14 days of the date you received the product or, in the event of purchase of several products delivered separately but part of a single order, of the date you received the last product.
If, as the Customer-Consumer, you intend to exercise your right of cancellation, you must notify SHOPIFEX via your explicit declaration as follows:
- by starting the return process, from the “My orders” section in the “My SHOPIFEX account” space on the Site;
- by registered letter with return receipt, sent to the Seller’s registered office at the address specified under Clause 5, paragraph 3).
Should you decide to use the online return process, there is another distinction to make:
- If you have a personal account on SHOPIFEX, after you log in, you can access your personal area, select the option “Order History and Details”, and from the list of orders select “Details” for the order which you wish to return. You can select the items and quantities you wish to return under the section “Order Details”. You can also follow the steps for the refund process in this section.
- If you made the purchase as a guest, you can still use the online return process by filling out the form available at the following address: https://shopifex.com/en/return-form
To formalize your declaration of cancellation you also have the option of using the form as per Annex I, Part B of Italian Legislative Decree no. 21/2014, the text of which is provided below:
Cancellation Declaration Form as per Article 49, Paragraph 1, Letter h)
SHOPIFEX di Pugnali Debora
via San Terenziano, 9
06035 – Fraz. Marcellano – Gualdo Cattaneo (PG)
I, the undersigned, ................................, resident in ............................. ................................ (street address), with tax ID: .................................., hereby give notice that I cancel my contract of sale of the following products: ......................................................................................................................................................................................................................................................................................................................... (product code)
ordered on ................ and received on ......................
....................................... (city and date of cancellation)
Pursuant to Article 57 of the Consumer Code, if you exercise your right of cancellation you are required to return the goods within 14 days of the date of your communication to SHOPIFEX regarding your desire to cancel the contract.
The merchandise must be shipped back to the Seller’s registered office at the following address: SHOPIFEX di Pugnali Debora, via San Terenziano 9, 06035 – fraz. Marcellano – Gualdo Cattaneo (PG) – Italy.
The right of cancellation is subject to the following conditions:
- the returned products must be complete and intact;
- the returned products must not be used, worn, washed, damaged or altered in any way;
- products that were personalized upon a request made by you at the time of ordering are not eligible for return;
- the returned products must be in their original, undamaged packaging, with all original parts (including packing, tags and any accessory documents and items) and complete with their related fiscal documents;
- the returned products must be sent to the Seller in a single shipment.
Failure to exercise your right of cancellation according to the terms and conditions specified above (e.g. after the 14 days provided for by law, without following the return instructions, or if the product has been damaged), the Seller will re-ship the purchased products to you and charge you for the additional shipping expenses incurred.
If you exercise your right of cancellation correctly, the Seller will refund you as the Customer-Consumer the price of the products and the shipping expenses (apart from any additional cost you paid for a different and more expensive shipping option than the standard option).
The refund will be made within 14 days of the date the merchandise was delivered at the Seller’s address and once the product’s integrity and the validity of the cancellation have been verified.
The refund will be issued by the same method you used to pay for your purchase.
If you make a return, shipping expenses will be your responsibility.
You may return the merchandise using a carrier of your choice. However, if it is not delivered to the Seller, you must show proof that the goods were shipped back to the Seller according to the conditions listed above.
In such a case, you will be exempted by the Seller from liability in the event of loss of or damage to the products for which the carrier is responsible.
15. Legal Guarantee of Conformity
If the products received do not match your order or are damaged, you are entitled to a replacement of the products free of charge.
You have two months to notify the Seller about the non-conformity, after which you lose your right to have the product replaced.
SHOPIFEX disclaims any and all liability for inefficiencies attributable to unforeseen circumstances or force majeure or to malfunctions or inefficiencies of the Internet network, as a result of which the Seller is unable to fulfil the order within the expected time frame.
SHOPIFEX is not responsible for the work of the carrier transporting the goods in the event of delivery delays, loss or damage, regardless of the cause.
17. Access to and Use of the Site
You have the right to access, consult and make purchases on the Site. Any other use of the Site and its contents, especially commercial use, is prohibited.
The sound or visual elements of this Site, the relative technology used, and the trademark remain the property of SHOPIFEX and are protected by intellectual and industrial property rights.
18. Privacy and Cookies
19. Communications to customers
As the Customer, you acknowledge, accept and consent to the fact that any communication, information and/or document relative to the Products purchased will be sent to the email address you specified at the time of registration.
20. Settlement of Disputes, Applicable Law, and Competent Jurisdiction
These General Conditions of Sale are governed by the laws of Italy and will be enforced and interpreted according to them.
To settle any disputes which may result from the application, interpretation and execution of this contract, you have the option to pursue an amicable settlement of the dispute before “RisolviOnline”, an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan Monza Brianza Lodi.
For further information, to consult the regulation or to submit a request for conciliation, simply go to the website www.risolvionline.com.
Alternatively, you may use the European Commission’s online dispute resolution platform (ODR).
The ODR platform can be reached through the following link: http://ec.europa.eu/odr
If you are a customer domiciled or resident in Italy and do not wish to turn to the above mentioned bodies for an amicable settlement, and if you qualify as a Consumer under Italian law, disputes will be under the competence of the Court which has jurisdiction over your place of domicile or residence.
If, instead, you do not qualify as a Consumer, the court of Spoleto will have exclusive jurisdiction.
Updated on 27 February 2018