TERMS OF SALE
These general conditions of sale (hereinafter also "GCS") govern the use of this website https://ponzelliniartshop.com/ and the purchases of the items contained therein made by any natural person qualifying as a consumer (hereinafter the "Customer").
The Customer acknowledges that:
-the name Ponzellini_Art is owned by Ponzellini Devis with registered office in Madonna del Piano 24 6995 Madonna del Piano (CH)
- the website https://ponzelliniartshop.com/ is owned by Ponzellini Devis with registered office in Madonna del Piano 24 6995 Madonna del Piano (CH);
- the seller of the Products, who is a contractual party with the Customer pursuant to these General Conditions of Sale (GCS), is Ponzellini Devsi, with registered office in Madonna del Piano 24 6995 Madonna del Piano (CH);
- orders can only be placed by people of age and who are not in conditions of legal incapacity;
-the language in which the Agreement is concluded is English. In the event of a conflict between the versions of the General Conditions prepared in a language other than English and accepted by the customer, the meaning and interpretation of the General Conditions in English prevail.
ARTICLE 1 - Object and conclusion of the contract
With these general conditions of sale, Ponzellini Devis sells to the Customer, who buys remotely, the Products offered for sale on the site https://ponzelliniartshop.com/. The contract is concluded exclusively through the internet, by accessing the Customer to the website https://ponzelliniartshop.com/, by sending a purchase order according to the procedure provided for by the site itself and its acceptance by by Ponzellini Devis. The purchase order sent by the Customer through the Site has the value of a contractual proposal and is governed by these general conditions of sale which the Customer himself is required to accept in full and without any reservation. To this end, the Customer, before proceeding to the conclusion of the order, undertakes to read these GCS and the pre-contractual information provided on the page. The sales contract is concluded with the sending by Ponzellini Devis to the Customer of an e-mail confirming the order. The e-mail contains the Customer's data, the order number, the price of the goods purchased, the shipping costs where applicable and the delivery address to which the goods will be sent. The Customer undertakes to verify the correctness of the personal data contained therein and to promptly notify Ponzellini Devis of any corrections.
ARTICLE 2 - Pre-contractual information for the consumer
Before the conclusion of the purchase contract, the Customer examines the characteristics of the goods that are illustrated in the individual product sheets at the time of the Customer's choice. Before the conclusion of the purchase contract and before sending the order, the Customer is informed about: 1. identification of the seller; 2. total price of the goods including taxes, with details of shipping costs and any other costs; 3. payment methods; 4. the term within which Ponzellini Devis undertakes to deliver the goods; 5. the conditions, terms and procedures for exercising the right of withdrawal; 6. existence of the legal guarantee of conformity for the goods purchased; 7. after-sales assistance conditions and commercial guarantees provided.
ARTICLE 3 - Availability of products
The availability of the products indicated on the site refers to the actual availability when the Customer places the order. This availability must in any case be considered indicative because, due to the simultaneous presence on the Site of multiple users, the Products could be sold to other Customers before confirming the order.
Where the products covered by the order are not available for reasons beyond the control of Ponzellini Devis, the order will be automatically rectified with the elimination of the unavailable product.
ARTICLE 4 - Prices
All sales prices of the products indicated on the Site are expressed in local currency and include all taxes paid by the consumer.
For all orders in Switzerland, the shipment of products is free. For those delivered outside Switzerland, shipping costs 25CHF.
ARTICLE 5 - Methods of payment
Ponzellini Devis accepts various payment methods including, for example, credit card, PayPal.
In case of payment by credit card, the actual amount of the order will be charged only when the order is complete and ready for shipment.
The communications relating to the payment and the data communicated by the Customer when this is done take place on special protected lines.
For each order placed on the Site, upon payment, Ponzellini Devis will issue a receipt for the goods shipped. This document will be sent to the Customer via e-mail.
ARTICLE 6 - Right of withdrawal
In accordance with the provisions in force, the Customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
he Customer who intends to exercise the right of withdrawal must communicate it by means of an explicit declaration.
In case of exercising the right of withdrawal, the Customer is required to return the goods within 14 days from the day on which he communicated to the seller his will to withdraw from the contract.
The goods must be returned to Ponzellini_Art, returned intact, in its original packaging, complete in all its parts (including packaging material, documentation and accessory equipment) and complete with the attached tax documentation. The management of the return shipment of the products will be the responsibility of the Customer.
Once the integrity of the returned work has been verified, Ponzellini_Art will refund the amount of the products subject to withdrawal within a maximum period of 14 days.
The Customer is responsible for the decrease in the value of the goods resulting from handling other than that strictly necessary to establish the nature and characteristics of the goods. Therefore, if the returned Products are damaged, the Customer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product.
Ponzellini_Art may suspend the refund until the goods are received or until the Customer demonstrates that he has returned the goods to the seller.
Ponzellini_Art will refund using the same payment method chosen by the Customer during the purchase.
ARTICLE 7 - Damaged works
In the event that the products received are defective, please contact Ponzellini_Art as soon as possible, attaching the photographs necessary to highlight the damaged parts. Please check carefully for any damage on the package at the time of delivery and please the recipient to sign the transport document with the words "subject to" specifying the details and the extent of the damage found on the packaging.
Please note that if more than a week has elapsed from receipt of the work, complaints relating to damage to the products will not be accepted.
ARTICLE 8 - Legal guarantee of conformity
The Seller warrants to the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer.
ARTICLE 9 - Liability
Poinzellini_Art does not assume any responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that it fails to execute the order within the times provided for by these GCS.
Both in the hypothesis of exercising the right of withdrawal and in the hypothesis of exercising the right of guarantee of conformity, in the event that the goods cannot be accepted by the seller because they do not have the requisites required to exercise the rights referred to in the articles 6 and 7 above, it is the Customer's responsibility and responsibility to recover the goods returned to his availability at his own expense. The Customer acknowledges and unconditionally accepts that Ponzellini_Art, after 30 days from the communication of the making available to the Customer, can proceed with the disposal according to law of the goods not collected by the Customer.
ARTICLE 10 - Final clauses
The Products are sold with the characteristics described on the Site and according to the GCS published on the Site at the time the order is sent by the Customer, with the exclusion of any other condition or term.
Ponzellini_Art reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to concluded sales. starting from that date.
Prices, Products for sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order, the Consumer is invited to check the final sale price.
These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to the law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 11 - Applicable law and competent court
These General Conditions of Sale are subject to Swiss law. In any case, any rights attributed to consumers by mandatory provisions of law in force in the State of the latter will be reserved.
Any dispute that does not find an amicable solution will be submitted to the non-exclusive jurisdiction of the Court of Lugano Switzerland. Furthermore, as a consumer, the Customer has the right to also appeal to the courts of the European Union Member State of residence or domicile.