1.(General Conditions)
SoloPuro.it is a domain aimed at the online sale and promotion of its textile products. It represents and is registered by “Penta Servizi Tessili S.r.l.”, with registered office in Via Silvio Pellico 2, 21054, Fagnano Olona (VA), VAT and Fiscal Code 02092900121, registration number in the Varese Register of Companies VA-230052, and certified email (PEC) penta@pec.weblink.it, hereinafter referred to as the “Supplier”.
The term “Customer” means any natural person who intends to purchase goods from the Supplier.
The Supplier sells goods “online”, namely through the remote communication system known as the “internet”.
All purchase contracts are concluded with the Supplier. All communications between the Customer and the Supplier shall take place via email, except as otherwise indicated below.
All sales, delivery, and payment methods are listed in detail in the various sections of the Website and during checkout and are to be considered an integral and essential part of this contract. The conditions applicable to each individual order will be those displayed on the Website at the time the order is placed. Any new conditions will be effective from the moment of their publication on the Website and will apply solely to sales concluded subsequently.
2.(Public Offer)
All products and prices indicated on the Website constitute a public offer, subject to the limitations and procedures contained within the Website itself and in these general terms and conditions of sale.
3.(Products)
The essential characteristics of the products are presented on the website within each product data sheet. However, the images and colors of the products offered for sale might not fully correspond to the real ones due to the effect of the Internet browser and the monitor used.
4.(Prices)
The Customer will be charged exclusively the price calculated at the time of the order, without any consideration of price increases or decreases, including for promotions, that may have occurred subsequently or concluded previously. All prices are inclusive of VAT but do not include any customs duties, which are to be borne by the buyer if applicable. The cost of delivery is not included in the price of the products.
5.(Acceptance of Orders)
The order sent by the Customer will be binding only if the entire order procedure has been completed regularly and correctly, without any error messages being highlighted by the Website. Penta Servizi Tessili S.r.l. will not include products in the shopping cart that have not been expressly ordered by the Customer.
6.(Order Confirmation)
The Customer will receive a confirmation of the order placed in their email inbox, containing a summary of the products, their respective prices, the date and time of delivery, and the general and specific conditions applicable to the order itself. If the Customer does not receive the order confirmation, this could be caused by a problem during the ordering phase, and it is advisable to contact Penta Servizi Tessili S.r.l. at the email address: info@solopuro.it to verify that the order has been received.
7.(Delivery)
Penta Servizi Tessili S.r.l. delivers its products worldwide. For any anomaly encountered, please contact our after-sales support. Penta Servizi Tessili S.r.l. shall not be held liable for any delays occurring during transport. Delivery will take place within 5 working days from the order.
8.(Unavailable Products and Purchase Limitations)
Penta Servizi Tessili S.r.l. shall not be held liable in any way for the temporary or permanent unavailability of one or more products. In the event of unavailability, even temporary, of the requested products, Penta Servizi Tessili S.r.l. undertakes to promptly inform the Customer in accordance with the provisions of Art. 54 of Legislative Decree 206/2005 and not to charge the Customer the corresponding price or, in the case of advance payment, to refund the purchase to the Customer upon request.
9.(Failure to Deliver)
For delivery, the presence of the Customer or their authorized representative is required at the address indicated in the order. Penta Servizi Tessili S.r.l. reserves the right to charge the Customer additional costs deriving from customer negligence regarding the failure to collect the shipment. Furthermore, Penta Servizi Tessili S.r.l. shall have the right to exclude the Customer from subsequent purchases or to subordinate the provision of the service to online payment.
10.(Payment)
The purchase can be paid for by the Customer, at their choice, using the following methods:
– Bank Transfer
– Credit Card
– Cash on Delivery (subject to a surcharge)
11.(Invoice)
Pursuant to Art. 2, paragraph 1, letter OO, goods sold by mail order are not subject to the obligation of certification through the issuance of an invoice or fiscal receipt. If you require an invoice, you must request it at the time of purchase using the specific form during the checkout procedure, providing your fiscal code and/or VAT number. In any case, no invoice will be issued if it is not requested at the same time as the order.
12.(Right of Withdrawal)
The Customer’s rights are protected by Legislative Decree 206/2005. Therefore, the Customer has the right to withdraw from the contract, even partially, without explanation and without additional expenses, provided that the withdrawal is communicated via email to info@solopuro.it or by fax (to the number 0331.614.078), within 10 working days from the date of receipt of the products. This communication must specify the intention to withdraw from the purchase, the products for which the right of withdrawal is to be exercised and must include a copy of the order. The Customer must then return the product at their own expense, subject to an essential return authorization that will be assigned by Penta Servizi Tessili S.r.l.
It is understood that the transport risks for the return of the items are entirely borne by the consumer.
The consumer undertakes to return the goods within 5 days from the authorization for return granted by Penta Servizi Tessili S.r.l.
In the event of damage to the goods during transport, Penta Servizi Tessili S.r.l. will notify the customer of the incident (within the working day following the receipt of the goods in its warehouses), to allow them to promptly file a complaint against the carrier they selected and obtain a refund for the value of the goods (if insured); in this eventuality, the product will be returned, with shipping costs borne by the customer, simultaneously canceling the withdrawal request.
Penta Servizi Tessili S.r.l. is not liable in any way for damage, theft, or loss of goods returned via uninsured shipments.
Upon arrival at the warehouse, the product will be examined to assess any damage or tampering not deriving from transport.
All items must be received in the same condition as they were received, unused and completely intact, equipped with the original packaging and any manuals, without any missing parts. Penta Servizi Tessili S.r.l. reserves the right not to accept the return if the conditions described above are not respected, charging all costs to the customer.
If the internal/external original packaging is damaged, Penta Servizi Tessili S.r.l. will deduct a percentage equal to 10% from the refund due, as a contribution to the restoration costs of the goods. Subject to any restoration costs for ascertained damage to the original packaging, Penta Servizi Tessili S.r.l. will refund the customer the full amount already paid within 15 days from the date of receipt of the goods. It will be the customer’s responsibility to promptly provide the bank details to receive the bank transfer. If the customer requests specific refund conditions (Postal Orders, etc.), Penta Servizi Tessili S.r.l. reserves the right to charge all related costs to the customer.
The right of withdrawal is completely void due to the lack of the essential condition of integrity of the goods (packaging and/or its contents) in cases where Penta Servizi Tessili S.r.l. ascertains:
– The lack of the original external/internal packaging;
– The absence of integral elements of the product;
– Damage to the product due to causes other than its transport or due to exceeding the time limits provided by law for reasons not deriving from Penta Servizi Tessili S.r.l. In the case of forfeiture of the right of withdrawal, Penta Servizi Tessili S.r.l. will return the purchased good to the sender, charging the shipping costs to the same.
The right of withdrawal does not apply if the goods were collected and paid for in-store, since in this case, the transaction turns into a simple reservation finalized into a purchase at the time the receipt or invoice is issued by the shop.
Therefore, it cannot be considered an online transaction or mail-order sale, and the relationship is maintained with the owner of the affiliated store in normal commercial premises.
The consumer cannot exercise the right of withdrawal for products custom-made or clearly personalized.
This right can only be exercised by consumers; therefore, all purchases made for purposes related to entrepreneurial or professional activity, namely where a VAT reference is entered in the specific order, therefore, do not enjoy this right.
This right cannot be exercised by consumers who have requested the issuance of an invoice.
If the withdrawal has been exercised in compliance with the procedures described, Penta Servizi Tessili S.r.l. will refund the amount paid for the purchase of the product as quickly as possible and in any case within 15 days from the date of receipt of the goods. The refunded amount will be net of delivery costs.
13.(Liability)
Penta Servizi Tessili S.r.l. guarantees compliance with quality standards relating to the products; any liability relating to the poor condition of the products due to improper handling subsequent to the time of delivery is excluded.
Penta Servizi Tessili S.r.l. declines all liability for direct or indirect damages of any nature whatsoever or in whatever form they may manifest themselves, resulting from the use of the Website and/or the news, photos, and information contained therein.
Any disputes relating to the execution of the service may be raised, under penalty of forfeiture, within 10 days following the delivery of the products.
From the moment the consumer and/or customer receives the damaged goods or requests their redelivery from the carrier, they have a direct and exclusive action against the carrier itself. The latter is also liable for delays in delivering the goods to the recipient. In such cases, Penta Servizi Tessili S.r.l. must be considered exempt from any liability for losses or damage (averages) to the goods from the moment they are delivered without reservations to the carrier for transport.
In case of damage to the packaging or wrapping, the Customer has the burden of placing reservations regarding the transported products at the time of redelivery, under penalty of forfeiture.
In the event of partial loss or damage not recognizable at the time of redelivery, the consumer and/or customer must report the damage to the carrier, under penalty of forfeiture, as soon as it is known and no later than eight days from receipt by means of a registered letter with acknowledgement of receipt (Art. 1698 of the Italian Civil Code).
Penta Servizi Tessili S.r.l. is not responsible for any fraudulent or illegal use that may be made by Third Parties of credit cards, checks, and other means of payment upon purchasing the products, as it is not part of the procedure at any time.
The images of the products published on the site are purely indicative. In the absence of specific indications in the order notes, a lack of conformity of the purchase cannot be complained of.
14.(Warranty)
The products sold by Penta Servizi Tessili S.r.l. are guaranteed for one or two years from the date of purchase by the manufacturer (the exact warranty procedures are illustrated in the document inside the packaging). This service is directly provided by Penta Servizi Tessili S.r.l., acting as an intermediary between the customer and the manufacturers of the goods sold.
The Consumer (any natural person who, in contracts for the sale of consumer goods, acts for purposes unrelated to any entrepreneurial activity carried out, and in any case purchases using their fiscal code and not a VAT number), in the event that conformity defects relative to the contract manifest themselves within two years from the delivery of the purchased goods, which are considered to be already present at the time of delivery, has the right to contact Penta Servizi Tessili S.r.l., requesting, at their choice, the repair or replacement of the good. If the requested remedy is objectively impossible or excessively burdensome compared to the other, Penta Servizi Tessili S.r.l. will propose the alternative remedy to the Consumer. Where the consumer requests or accepts the remedy of repair, the reasonable time limit will be determined with express reference to the timing of the authorized service centers. For this reason, Penta Servizi Tessili S.r.l. cannot be held responsible for delays in carrying out the repair remedy.
The consumer, if they do not accept the alternative remedy, may request, at their choice, a reasonable price reduction or the termination of the contract if one of the following conditions occurs:
a) repair or replacement is impossible or excessively burdensome;
b) the seller has not repaired or replaced the goods within a reasonable period;
c) the replacement or repair previously carried out has caused significant inconvenience to the consumer.
In determining the amount of the reduction or the sum to be refunded, the use of the good is taken into account (Art. 1519-quater of the Italian Civil Code).
It is the consumer’s burden to prove that it is a lack of conformity existing at the time of the conclusion of the contract, unless it manifests itself within six months from delivery (Art. 1519-sexies of the Italian Civil Code).
The notification of the defect must be made within two months from its discovery, under penalty of forfeiture (Art. 1519-sexies of the Italian Civil Code).
Penta Servizi Tessili S.r.l., subject to essential communication via email, may authorize the return of the product for verification to be carried out in the manufacturer’s relevant service center.
The return expenses will be paid by the consumer. The risks relating to the transport of the goods are borne by the sender, who may freely choose whether to insure the shipment without any obligation of reimbursement by the seller. Shipments sent “freight collect” will not be accepted unless previously agreed with the seller. In the event that the complained defect is found, Penta Servizi Tessili S.r.l. will execute the agreed remedy within a reasonable period, as well as credit the shipping costs incurred, with the exception of those for non-ordinary services.
Penta Servizi Tessili S.r.l. reserves the right to charge the customer for any expenses incurred for the verification of the product and for its return shipping, should it turn out to be intact and functioning or lack the complained conformity defect referable to the date of delivery, contrary to what was declared by the customer.
In any case of a request for contract termination or price reduction pursuant to Art. 1492 of the Italian Civil Code, it must be preceded by sending an appropriate certification from the authorized service center regarding the existence and nature of the complained defect. The request will be processed only after receiving said certification.
15.(Privacy)
Penta Servizi Tessili S.r.l. will proceed with the processing of the Customer’s personal data in compliance with privacy regulations, as specified in detail in the information note in the “Privacy Policy” section of the Website.
16.(Jurisdiction)
For any and all disputes that may arise in relation to the application, interpretation, and execution of these general terms and conditions of sale, the Court of Milan shall have exclusive and binding jurisdiction.