PREMISES
https://www.pieromilano.it is a website (hereinafter, the “Site”) managed by Milano Piero S.r.l. (hereinafter, the “Company”), with a registered office in Valenza (AL), Via Mario Baiardi 27, VAT number 01132310069, registered in the Register of Companies of the Chamber of Commerce of Alessandria (Asti), REA n. AL- 141645, a company that has been operating for many years in the production and sale of jewelry.
More specifically, the Site is not an e-commerce platform or marketplace, through which it is possible to purchase Products made by Milano Piero S.r.l.
It is rather a Website created in the form of a digital catalog, through which the User – retailer, after registration and authentication, can view and collect, in a “virtual basket”, Products of interest.
The purchase of these Products is therefore completed subsequently outside this platform, through direct contact between the User and the Company and / or agents related to Milano Piero S.r.l.
The content of the Site, which consists – not exclusively – of texts, photos, trademarks, images, and product descriptions, is in the exclusive property of Milano Piero S.r.l., and it is prohibited, for the User, to copy or reproduce it, or to use it in any way, without the prior written consent of Milano Piero S.r.l.
These General Terms and Conditions, therefore, rule the B2B (Business to business) relationships between the User – retailer and the Company, in the process of consulting the Products and collecting orders, accomplished by the Costumer using the platform indicated above.
For the purposes of these General Terms and Conditions, the following definitions apply:
– the User – retailer is the person or the company that, after consulting the online catalog on the Site, orders items marketed by Milano Piero S.r.l. for purposes exclusively related to his own business and / or professional activity;
– the Order is the expression of interest in purchasing one or more Products on the Site, through the procedure indicated on the platform;
– The Products are photographic reproductions of the jewels made by Milano Piero S.r.l., to which the User expresses an interest in the subsequent purchase.
Milano Piero S.r.l. makes itself available to provide, even by telephone, to Users, clarifications regarding the content of these General Terms and Conditions.
Art. 1 – PREMISES
1. The mentioned premises are an integral part of these General Terms and Conditions and with them must be understood and accepted.
Art. 2- ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS
2.1. It is mandatory, for the User, to examine these General Terms and Conditions before completing each Order. Consequently, these General Terms and Conditions are understood to be fully known and unconditionally accepted by the affixing, form the User, of the flag in the relevant field of acknowledgment and acceptance on the Site.
2.2. Milano Piero S.r.l. reserves the right to update, supplement and / or modify these General Terms and Conditions, which will apply to orders completed after their publication on the Site.
Art. 3 – OBJECT OF THE CONTRACT
3.1. These General Terms and Conditions exclusively rule the procedure for registering and accessing the Website https://www.pieromilano.it as well as the generation of one or more orders for jewelry by the User.
3.2. The object of this contract, therefore, is not the sale of the goods object of the order, sale that will be purchased outside the platform https://www.pieromilano.it
Art. 4 – USER REGISTRATION PROCEDURE
4.1. An essential condition for consulting the Site and purchasing the Order object of the contract is the preliminary registration of the User on the Site https://www.pieromilano.it
4.2. Once Milano Piero s.r.l. receives the User’s data, it will promptly send an e-mail to the User, disclosing the authentication procedure that will allow access to the Site.
4.3. More specifically, the User will be assigned an identification code and password to be entered, subsequently, in the appropriate fields, and to be used before any other access to the Site.
4.4. The User remains the only responsible for the correctness, accuracy and truthfulness of his identification data, and more generally of any other data and / or information shared on the Site, with the exclusion of any liability for Milano Piero S.r.l.
4.5. Milano Piero S.r.l. has the right to request a certificate of incorporation or other equivalent document, in order to ascertain the exact identity of the User.
4.6. The User undertakes wil not to transfer his login credentials to the Site to third parties, and to treat such data with the highest possible degree of diligence.
4.7. The User, therefore, will be solely responsible for the custody and use of the access credentials to the Website http://www.pieromilano.it
4.8. The data provided by the User will be processed in accordance with the Legislative Decree 196/2003 (so-called Privacy Code), regarding the protection of personal data.
Art. 5 – INFORMATIONS AND PRODUCT PRICES
5.1. The User, through the online consultation of the catalog on the Site, will be able to view, for each Product, images and characteristics of the Product itself.
5.2. It is understood that the photographic representations of the Products, for reasons related to the Internet browser and / or monitor settings used, may differ from the actual consistency of the Products themselves, without this resulting in any liability for the Company.
5.3. The Company has the right to eliminate and / or replace, without prior notice, the Products shown on the Site catalog.
5.4. For each Product, the User will also display the relative price expressed in Euros and net of VAT. The Products prices may also undergo, without the need of any prior notice, variations imposed at the discretion of the Company.
5.5. Since this platform is not structured for the online sale of the Products represented therein, the Price of each product does not take into account additional charges, such as shipping costs, which will subsequently be agreed between the Company and the User, at the time of the Product Sale, which will be purchased outside the Site.
ART. 6 – CATALOG CONSULTATION AND PRODUCTS ORDER
6.1. The User, according to the previous art. 4, is obliged, in order to be able to consult the online catalog and to proceed with the Order of one or more Products, to authenticate in the appropriate reserved area, and to provide Milano Piero S.r.l. all the necessary data to process the Order.
6.2. Orders must be placed exclusively online, through the procedure imposed by the Site, exclusively by the person and or legal persons acting for purposes related to their business.
6.3. After authenticating to the Site and accessing to the reserved area, the User can select the Products to order, inserting them in the “Virtual Basket”.
6.4. The User will always have the right to view the contents of the “Virtual Basket” before proceeding with the forwarding of the Order, and may modify its content until the Order is forwarded.
6.5. The User, at the same time as sending the Order, declares to have read and accepted, without reservation and / or any condition, the General Terms and Conditions indicated on the Site.
6.6. These declarations will be made by the User checking the flag in the relevant field of acknowledgment and acceptance.
6.7. The User acknowledges that Milano Piero S.r.l. will not accept Orders placed by subjects who are not registered Users as defined above or by subjects who are not B2B (business to business) Users.
6.8. Milano Piero S.r.l. will not accept Orders received by email from the User without prior registration and / or authentication on the Website http://www.pieromilano.it
Art. 7 – ORDER CONFIRMATION AND CONCLUSION
7.1. The Company, upon receiving of the Order, will send an e-mail to the e-mail account provided by the User.
7.2. The email will acknowledge all the specifications and details of the Order, including the Order number and the separate conditions of sale.
7.3. The email, also containing the acceptance, by the Company, of the User’s Order proposal, will be relevant for the purpose of concluding the Order itself.
7.4. If the Products covered by the Order are not available, the Company will take care to notify the User via email.
7.5. It is understood that the Products covered by the Order placed by the User remain in the exclusive property of the Company until the full payment of the Products, including shipping costs.
Art. 8 – PRICE PAYMENT
8.1. Although the Site does not constitute an online sales platform for precious items, so that the payment of the precious items will take place outside the Site itself, for the sake of transparency, the Company announces that the payment of the Products must take place according to the methods and timing, which will be provided by the Company after the Order conclusion.
8.2. Failure, incomplete or untimely payment of the price will constitute a serious breach by the User and will determine the right for Piero Milano S.r.l. to immediately resolve the contract, without the need of any formal notice.
8.3. In the event of missed payment, and subject to the greater damage suffered pursuant to art. 1224, Italian Civil Code, will automatically take effect in favor of Piero Milano S.r.l. default interest at the legal rate, pursuant to Legislative Decree 231/2002 and subsequent amendments.
Art. 9 – CONTRACT RESOLUTION
9.1. Each Party has the right to resolve this Agreement with immediate effect, by means of a written communication that ensures the proof and the date of receipt of the communication, in the event of essential breach by the counterpart.
9.2. The same faculty is granted to each Party in the event of exceptional circumstances that justify early resolution.
9.3. For the purposes related to paragraph 9.1., it is agreed that the violation of articles 4, 7.6, 8 and 11 of these General Terms and Conditions constitutes an essential breach of the contract.
9.4. Without prejudice to the discipline referred to the previous paragraph, any breach of contractual obligations may be considered serious where, despite the written notice to comply forwarded by a Party, the defaulting Party does not take action within the peremptory term of fifteen days from the request itself.
9.5. For the purposes of the previous paragraph 9.2., exceptional circumstances are considered, by way of example but not limited to, bankruptcy, arrangement with creditors or other insolvency and non-insolvency procedures, such as the liquidation of corporate assets.
Art. 10 – VICES AND GUARANTEES
10.1. If the User finds flaws and defects in the Products object of the Order, he can contact the Company, under penalty of forfeiture, within 8 days of discovery, so as to report the defect.
10.2. The warranty will be valid for 1 (one) year, starting from the delivery of the defective Product.
10.3. Once these terms have elapsed, the Company will not be responsible for the defects found by the User.
10.4. In case of obvious defects, the User must report the defects within 10 (ten) days from the date of delivery of the Products. In such cases, the transport costs and any other expenses for the return of the Products will be charged to the User.
10.5. In the event of defects, the User is obliged to identify the Order/Product in the best possible way (by sending a copy of the Order documents, as well as any photographs depicting the defect, where compatible with the nature of the defect itself), as well as to describe, in as much detail as possible, the nature of the defect found.
10.6. The Company, depending on the case, will carry out the repairs and replacements of the Product within a reasonable period of time from the acknowledgment of the defect. In the event of replacement or repair of the Product, the terms of the warranty (forfeiture and prescription) will begin from the delivery date of the repaired or replaced Product.
10.7. In the event that the warranty provides the return of the Product to the Seller, the Product must be returned by the User with the original packaging complete in its parts (including the documentation inside the packaging, and any accessory equipment), within 10 days from communication of the defect.
10.8. In the event that the User has made an unsuitable use of the Products, or has altered or modified the consistency of the Product without the written consent of the Company, the aforementioned guarantee will not operate.
Art. 11 – PROHIBITION OF ASSIGNMENT
11.1. It is expressly forbidden, for the User, to transfer the contract perfected pursuant to the previous art. 7, without the prior written consent of Milano Piero S.r.l.
Art. 12 – TERMS AND CONDITIONS EFFECTIVENESS
12.2. The Parties agree that the nullity and / or invalidity of one or more of these Terms and Conditions clause does not entail the nullity or invalidity of these General Terms and Conditions.
Art. 13 – APPLICABLE LAW
13.1. These General Contract Conditions are ruled by Italian law.
Art. 14 – JURISDICTION
14.1. Any dispute that may arise between the Company and the Client in the interpretation, validity, execution and / or termination of this contract will be devolved to the exclusive jurisdiction of the Court of Milano (Italy)
Art.15 – PERSONAL DATA
15.1. The User declares to have read the information pursuant to Articles 13 and 14 of Regulation (EU) 2016/6710 (GDPR), available in the appropriate section of the Site.
15.2. With the acceptance of these General Terms and Conditions, therefore, the User also provides consent to the processing of his personal data for the purposes and in the manner specified in the aforementioned information.
15.3. For anything not expressly provided in the present General Terms and Conditions, please refer to the aforementioned information, which the User declares to have viewed and understood
According to articles. 1341 and 1342, Italian Civil Code, the User declares to specifically accept the following clauses: 5, 8, 9, 10, 11, 12, 13 and 14.
Art.16 RIGHT OF WITHDRAWAL
16.1. Without prejudice to the exceptions set forth in article 59 of the Consumer Code and the case governed by article 16.7 below, the Consumer is granted the right to return any item purchased on the Piero Milano platform, without having to provide any reason and without the application of penalties, within 14 (fourteen) days from when (i) the Product was delivered or, (ii) in the case of purchasing more than one Product belonging to the same order, from the delivery of the last item,
16.2. In order to exercise the right of withdrawal, the Consumer is obliged to inform Milano Piero S.r.l. of his will to exercise the right of withdrawal; and this before the expiry of the term referred to in article 16.1. above. The above mentioned communication shall be sent by the same email used by the Consumer to make the purchase,
The above communication, under penalty of invalidity, must be sent to the following email address: pieromilano@pieromilano.it. The above communication must contain, absolutely, at least the following information: a) the order number, b) the indication of the product/s for which you wish to exercise the right of withdrawal.
16.3. Pursuant to art. 16.2. above, the Consumer will receive an email confirming the exercise of the right of withdrawal, containing documentation relating to the return to be included in the package, and instructions for proceeding to the return of the product.
It is the Consumer’s obligation to return the product to Milano Piero S.r.l. without undue delay and, in any case, within 14 days from the day in which he exercised his right of withdrawal by communicating it. Once this term has expired unsuccessfully, for the calculation of which the date of sending of the parcel containing the returned goods will be taken into account, the exercise of the right of withdrawal will be considered waived, except in the case where the failure to return the goods within the term referred to above is attributable to the Seller.
In case of orders in Italy: the Seller, having verified the request, will contact the forwarding agent and will book the pick-up at the place established by the Consumer and on the day indicated by him.
The Seller will send the shipping label to the Consumer who must affix it on the package. The shipping costs will remain the responsibility of Milano Piero S.r.l.
In case of orders abroad: the Seller verified the request, will confirm the return. The risks and direct costs of returning the goods, as well as the proof of this, will be borne by the Consumer.
9.5. In case of correct and timely exercise of the right of withdrawal, the Purchaser will be refunded the payments previously made. Said reimbursements will be made within and no later than 14 days from receipt of the withdrawal notice. The Seller may, however, withhold the refund until receipt of the returned products, or until the Consumer has provided proof of having returned the products, depending on which situation occurs first.
These refunds will be made, unless otherwise indicated by the Consumer, using the same means of payment chosen by the latter for the initial transaction.
9.6. The Consumer is responsible for the return of the Products and will not be accepted and therefore cannot be returned or replaced, the returned goods that are damaged or that do not meet the conditions for the return (for example, show signs of wear, abrasion, scratches, scratches, deformations, etc.., or are not complete with all their elements and accessories, are not accompanied by the instructions/notes/manuals attached, the original packaging and packaging and the warranty certificate, if any). For these purposes, therefore, the Consumer is invited: not to handle the products beyond what is strictly necessary to verify the nature, characteristics and functioning; to return the products in compliance with the instructions provided by the Seller.
9.7. Exclusion of the right of withdrawal – Pursuant to art. 59, first paragraph, letter c) of Legislative Decree no. 206/2005 (Consumer Code), the right of withdrawal of the Consumer is excluded in relation to the supply of custom-made Products. With reference to the above-mentioned case of exclusion of the right of withdrawal, the Consumer is informed and accepts that among the Products “made to measure or clearly personalized”, the right of withdrawal referred to in this Art. 16 shall not apply.
