drawn up by Penarosa Srls with registered offices in 39040 Laion, Via Schiessstandweg 7, VAT Code 02957660216, registered in the Register of Companies at the Chamber of Commerce of Bolzano, registered with REA [Register of Economic Enterprises] under no. BZ-02957660216, e-mail: info_at_penarosawatches.com, in the person of said company’s legal representative, Mr Klaus Plieger (hereinafter referred to as the „Seller“);
- the Seller manages the website www.penarosawatches.com (hereinafter referred to as the "Site");
- said Site is designed to handle commercial transactions between the business operator and the consumer (B2C);
- the expression "General Conditions of Online Sale" refers to the trading Agreement relative to the Seller’s consumer goods as stipulated between the latter and the Purchaser within the framework of a distance sales system organized by the Seller;
- the trademark and corporate logo relative to the Site are the exclusive property of the Seller;
- these Conditions of Sale shall govern online sales transactions between Penarosa Srls and the Purchaser, who expressly declares that the purchases are effected for purposes which are not related to the Purchaser's commercial, industrial, artisan or professional activities;
- this premise shall be considered an integral and substantial part of the Agreement.
The Parties stipulate as follows:
1. Object of the Agreement
1.1 These General Conditions, which are made available to the Purchaser for printing and conservation pursuant to and in accordance with article 12 of Legislative Decree no. 70 dated 9 April, 2003, are applicable to the purchase of products, effected remotely and using electronic means, via the internet Site owned by the Seller, whose registered offices are in Penarosa Srls with registered offices in 39040 Laion, Via Schiessstandweg 7, VAT Code 02957660216, registered in the Register of Companies at the Chamber of Commerce of Bolzano, registered with REA [Register of Economic Enterprises] under no. BZ-02957660216, e-mail: info_at_penarosawatches.com.
1.2 Under the terms of this Agreement, the Seller shall sell and the Purchaser shall remotely purchase the products indicated and offered for sale on the Seller’s Site.
1.3 The main characteristics of the products referred to in the preceding clause are illustrated in the Seller’s Site. The purchaser understands and acknowledges that the images relative to a given product may not be entirely representative of that product’s characteristics. Therefor, Penarosa can not be hold liable for minor deviations of the product compared to the graphics listed on the Site.
1.4 The Seller undertakes to supply the products selected – subject to their availability – in exchange for payment of an amount as specified in article 3 of this Agreement.
2. Acceptance of the Conditions of Sale
2.1 All purchase orders shall be forwarded by the Purchaser to the Seller by completing the purchasing procedure indicated.
2.2 These General Conditions of Sale must be examined online by the Purchaser before completing the purchasing procedure. The transmission of the purchase order by the Purchaser, therefore, shall imply that the Purchaser is fully aware of and fully accepts said General Conditions of Sale.
2.3 The Purchaser, by forwarding confirmation of his/her purchase order via the Site, unconditionally accepts and undertakes to comply, in dealings with the Seller, with the General Conditions and the conditions of payment described below, and confirms that he/she has examined and accepts all the indications provided by the Seller in accordance with the norms referred to above, also acknowledging that the Seller shall not be bound by any other conditions unless so agreed in advance in writing.
3. Method of purchase and sale price
3.1 The purchase prices of the products shown on the Site are expressed in Euro and shall in all cases be subject to express confirmation by the Seller via e-mail, which shall be construed as expressing acceptance of the purchase order.
3.2 The prices of the products as published on the home page or in the various sections of the Site are inclusive of Value-Added Tax. Shipping costs will vary according to the article selected and the destination (country). These costs will be calculated and displayed to the Purchaser at the moment of entering the order.
3.3 The total cost of the shipment to the domicile of the Purchaser shall be paid by the latter, except in the case of any exceptions and waivers which might be posted specially on the Site and/or communicated via e-mail. In all cases, the cost shall be communicated to the Purchaser prior to confirmation of the purchase order.
3.4 The product selected by the Purchaser from the digital catalogue on the website www.penarosawatches.com may be added to the digital shopping cart without any obligation. The contents of the cart may be displayed, modified or eliminated at any time. After confirming the contents of the shopping cart, the Purchaser must correctly compile each part of the request form and express his or her confirmation of the online purchase. The online ordering procedure may be interrupted at any time simply by closing the window of the browser.
3.5 Receipt of an order shall not obligate the Seller until the latter shall have expressly accepted the order by e-mail. The Seller shall, after verifying the availability of the product selected, formally confirm and accept the order by forwarding an e-mail containing the details of the order.
3.6 The Purchaser expressly confers upon the Seller the faculty of accepting the Purchaser’s order only partially (if, for example, not all the products ordered are available). In this case, the Agreement shall be considered as being vald only for the goods effectively sold.
4. Finalization of the Agreement
4.1 The Agreement stipulated via the Site shall be deemed finalized at the moment in which the Purchaser receives, via e-mail, formal confirmation of the order, with which the Seller accepts the order transmitted by the Purchaser and informs the latter that the order can be fulfilled. The Agreement shall be deemed as being finalized in the place in which the registered offices of the Seller are located.
4.2 Pursuant to and in accordance with Article 12 of [Italian] Legislative Decree 70/2003, the Seller informs the Purchaser that every order entered will be conserved in digital format (on a server) or in printed form (at the Seller's offices) in compliance with all norms governing privacy and security.
5.1 Penarosa Srls reserves the right to change the product range listed on www.penarosawatchs.com anytime. As a consequnce, Penarosa Srls may reject already submitted orders.
5.2 With regards to certain orders and/or products quantitative limitations may apply.
5.3 Penarosa Srls reserves the right to reject orders anytime and without prior notification.
6. Method of payment
6.1 All payments effected by the Purchaser must be made exclusively using one of the following methods: payment in cash with simultaneous collection from the store; payment in advance by bank transfer; online payment via PayPal; online payment by credit card.
a) payment in advance by bank transfer: payment to [Südtiroler Volksbank], bank sort code [IT06 D058 5611 6010 5057 1362 397], S.W.I.F.T. – BIC code [BPAAIT2B050];
The goods will be despatched when payment has been confirmed.
b) online payment via PayPal;
c) online payment by credit card.
7. Method of delivery
7.1 The Seller shall arrange for delivery to the address indicated by the Purchaser of the goods selected and ordered, in accordance with the procedure described in the previous clauses, by a reliable shipper/courier service. Deliveries will be made to the countries listed on the Seller's web site, and will be effected, depending on the article ordered and the country of destination, within the delivery periods indicated on the Seller's web site and in the confirmation e-mail which will be forwarded to the Purchaser. If the Seller is unable to despatch the goods within said periods, the Purchaser shall be advised promptly by e-mail of such occurrence.
7.2 Shipping costs, import duties, and/or all other taxes have to e paid by the buyer. It is the sole responsibility of the buyer to pay those costs and to comply with the applicable laws.
7.3 If the Purchaser should request delivery of the product(s) to countries other than those indicated, and subject to the agreement of the Seller, the methods of shipment and payment and the relative cost will be agreed on a time by time basis between the parties; such costs shall be paid by the Purchaser.
7.4 The Purchaser shall receive an e-mail indicating an identification number for the shipment, which can thus be traced at any moment.
7.5 If the Purchaser is absent at the moment of delivery, a notice will be left specifying the procedure necessary to contact the courier and/or shipper in order to agree the method of delivery.
7.6 The Seller accepts no liability for any delays or non-deliveries resulting from the incorrect or incomplete indication of the delivery address by the Purchaser.
7.7 On receiving the goods, the Purchaser must check that the product delivered corresponds to the order. The purchaser should sign the delivery documents only after said checks have been effected. The right of withdrawal as set forth in article 10 of these Conditions shall in all cases be applicable.
8. Limits of liability
8.1 The Seller accepts no liability for any delays or non-deliveries attributable to events of force majeure, such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods or any similar events which might, in whole or in part, prevent the fulfilment of the Agreement by the agreed date.
8.2 The Seller shall not be held liable by the Purchaser – except in the case of wilful misconduct or gross negligence – for any inefficiency or malfunctions connected to the use of the internet that are beyond the control of the Seller.
8.3 The Seller accepts no liability in respect of any person or third party for damage, losses and costs sustained as a consequence of the non-fulfilment of this Agreement for the causes specified above.
8.4 The Seller accepts no liability in the event of the fraudulent and illicit use by third parties of the credit cards, cheques and other means of payment at the moment of payment for the products purchased.
9. Warranty and customer service procedures
9.1 The Seller markets exclusively original products. For any queries, complaints or suggestions, the Purchaser may contact the Seller using the latter’s e-mail address (info_at_penarosawatches.com)
In order to ensure a prompt response to such queries, complaints or suggestions, the Purchaser must give a full and clear description of the problem, if necessary enclosing the order documents, and indicate the order number, customer number etc.
9.2 In the event of non-compliance, the norms laid down in Legislative Decree no. 206 dated 6 September, 2005 governing statutory guarantees shall be applicable.
9.3 The warranty shall be applicable exclusively to the products indicated in Legislative Decree no. 206 dated 6 September, 2005.
10. Obligations of the Purchaser
10.1 The Purchaser undertakes to pay the purchase price of the product within the period and in the manner indicated in these General Conditions.
10.2 The Purchaser undertakes, once the purchase procedure has been completed, to print and conserve these General Conditions – which the Purchaser shall have previously examined and accepted as an obligatory step in the purchase procedure – as well as the specifications for the product purchased, in order to comply fully with the requirements of Legislative Decree no. 206 dated 6 September, 2005.
10.3 The Purchaser is strictly prohibited from entering false and/or invented and/or fictitious data during the registration procedure using the corresponding digital form; the personal details and e-mail entered must correspond to the Purchaser’s actual personal details, and not those of a third party nor of a fictitious person. The Purchaser therefore accepts full liability for the accuracy and veracity of the data entered into the digital registration form in order to complete the product purchase procedure.
10.4 The Purchaser shall hold the Seller indemnified in relation to any liability deriving from the issue of incorrect fiscal documents as a result of errors in the data provided by the Seller, since it is the latter who is exclusively responsible for their correct insertion.
11. Right of withdrawal pursuant to Legislative Decree 206/2005
11.1 The right of withdrawal shall be applicable exclusively to the products described in Legislative Decree no. 206 dated 6 September, 2005.
11.2 For products for which the right of withdrawal is not excluded, the Purchaser shall be entitled to withdraw from the Agreement, without any penalty and without specifying any motive, within 14 (fourteen) days commencing from the date of receipt of the product purchased. Notice of withdrawal should be forwarded to Penarosa Srls, 39040 Laion, Via Schiessstandweg 7, VAT Code 02957660216 exclusively via e-mail: info_at_penarosawatches.com.
11.3 If the Purchaser should opt to exercise the right of withdrawal, he or she must so advise the Seller by submitting any explicit declaration of such decision to withdraw from the Agreement exclusively vie e-mail. For this purpose, the Purchaser may utilize the standard withdrawal form indicated in attachment I, part B to [Italian] Legislative Decree no. 21/2014 (though this is not obligatory).
11.4 In order to withdraw within the specified period, it is sufficient to forward an advice communicating the exercising of the right of withdrawal before the expiry of the period for withdrawal. The burden of proof relative to the exercising of the right of withdrawal under the terms of this article shall rest with the Purchaser.
11.5 The goods must be returned without undue delay and in any case within 14 (fourteen) days from the date on which the Purchaser advises the Seller of his/her decision to withdraw from the Agreement.
11.6 The Purchaser shall be liable only for any decrease in the value of the goods other than that deriving from such handling of the product as may be necessary in order to ascertain its nature, characteristics and correct operation.
11.7 The Purchaser's right of withdrawal shall be forfeited in the event of the circumstances expressly set forth in article 59 of [Italian] Legislative Decree no. 206/2005.
11.8 The Purchaser who exercises his/her right of withdrawal under the terms of this article shall be required to pay the direct costs of returning the product to the Seller. If the buyer wishes to use the return label, the costs vary based on the buyers country and the order.
11.9 The buyer may either use the return label delivered together with the order, or organise the successful return by himself by shipping the products to the following address:
OMEST – Penarosa, Via Luigi Negrelli 15, 39100 Bolzano, Italia.
11.10 The Purchaser who has exercised his/her right of withdrawal as described herein shall receive reimbursement of the amounts already paid, though with the exception of any supplementary costs relating to methods of delivery expressly selected by the Purchaser and other than the more economical method of delivery offered by the Seller. Said amounts shall be refunded without undue delay, and in any case not later than 14 (fourteen) days from the day on which the Seller has been informed of the Purchaser’s decision to withdraw from the Agreement, using the same method of payment used before by the Purchaser for the initial transaction and in any case after the Seller shall have received the products via a reliable courier, and on condition that the products have not been used, nor worn for longer than is strictly necessary to try them on, and that they bear the original seals and labels as well as any other accessory or item contained in the original package, in which case it will not be possible to refund to the Purchaser the amount paid for the products.
If the Seller has not offered to collect the goods, then the Seller may delay the refund until the goods have been received.
11.11 On receipt of the advice in which the Purchaser informs the Seller of his/her intention of exercising the right of withdrawal, the Parties hereto are released from their reciprocal obligations, without prejudice to the content of this article.
11.12 The Purchaser shall also retain the right to change the product ordered to another product listed on www.penarosawatches.com, within 14 days from receipt of the same, on condition that the products have not been used, nor worn for longer than is strictly necessary to try them on, and that they bear the original seals and labels as well as any other accessory or item contained in the original package.
12.1 Unless otherwise expressly indicated, or required by current Legislation, all correspondence between the Seller and the Purchaser shall take place, for preference, in the form of e-mail messages to be sent to their respective e-mail addresses, which shall be considered by both Parties as being a valid method of communication, and whose production in legal proceedings cannot be contested simply because these are digitally-generated documents.
12.2 Written correspondence addressed to the Seller, as well as any claims, shall be considered valid only if sent to the following address exclusively via e-mail: info_at_penarosawatches.com
12.3 Either Party may at any time change its e-mail address for the purposes of this article, though subject to prompt advice to the other Party in the manner specified in the previous paragraph.
13. Processing of personal data
The rights specified in the norms governing privacy, as well as the Seller’s obligations concerning the provision of data, are examined online prior to the completion of the purchase procedure. The submittal of the order confirmation therefore implies full knowledge of such rights and obligations.
13.2 The Seller shall safeguard the confidentiality of the customers and guarantee that the processing of his/her personal details is in full compliance with the requirements of the privacy norms laid down in Legislative Decree no. 196 dated 30 June, 2003.
13.3 The personal and fiscal data acquired, whether directly and/or through third parties, by the Seller, being the person responsible for its processing, shall be collected and processed in printed, digital or telematic form according to the method of processing, with the purpose of registering the order and implementing the procedures for the execution of this Agreement and the necessary communications relating to the same, as well as ensuring compliance with the requirements of current legislation, and to facilitate more efficient handling of the commercial relationships to the extent necessary to provide the best possible service (article 24, section 1, paragraph b of Legislative Decree no. 196/2003).
13.4 The Seller undertakes to treat the data provided by the Purchaser as strictly confidential and to refrain from revealing such data to unauthorized persons, and from using it for purposes other than those for which it has been acquired, and from transmitting it to third parties. Such data may be exhibited exclusively if requested by the judicial authorities or by other authorities duly authorized by the law.
13.5 The personal data shall be communicated, subject to the prior signing of an undertaking concerning its confidentiality, only to persons engaged in the fulfilment of the activities that are necessary for the execution of the Agreement, and communicated exclusively for said purposes.
13.6 The Purchaser shall enjoy the rights specified in article 7 of Legislative Decree no. 196/2003, in other words:
a) the right to obtain the updating, rectification or, if he/she should so desire, the integration of the data;
b) the right to obtain the cancellation, the transformation into anonymous form or the blocking of data processed in breach of the law, including any data whose conservation is not required for the purposes for which the data was acquired or subsequently processed;
c) the right to obtain a declaration stating that the operations described in paragraphs a) and b) above, as well as their content, have been brought to the attention of those to whom the data has been communicated or transmitted, except in cases in which such measures should prove impossible or require the use of resources which are evidently disproportionate with respect to the right subject to protection. The Purchaser shall also enjoy the right of opposition, in whole or in part:
i) for legitimate motives concerning the personal data regarding him/her, even if pertinent to the purpose of its acquisition;
ii) to the processing of his/her personal data for the purpose of sending advertising or direct sales material, or for market research purposes or for commercial communications.
13.7 Communication of personal data by the Purchaser is a necessary condition for the correct and prompt execution of this Agreement. If said data is not provided, the Purchaser’s purchase requests cannot be fulfilled.
13.8 In all cases, the data acquired shall be conserved for a period of time not exceeding that necessary for the purposes for which the data was acquired or subsequently processed. Removal of the data shall be effected in a secure manner.
13.9 The person responsible for the acquisition and processing of said personal data is the Seller, to whom the Purchaser may address any requests c/o the company’s registered offices.
14.1 In the event of disputes arising from or connected with this Agreement, the Parties undertake to seek an amicable and equitable settlement.
14.2 In the event that the dispute cannot be settled in an amicable fashion, it shall be settled exclusively before the Court which has jurisdiction in the district in which the Purchaser is domiciled, if such district is in the Republic of Italy, as laid down in article 66-bis of [Italian] Legislative Decree no. 206/05; in the event that the Purchaser is not the effective end user, it is agreed that any disputes, where appropriate waiving the norms relative to jurisdiction, shall be settled exclusively before the Court of Bolzano.
15. Applicable Law – References
15.1 This Agreement shall be governed by the Laws of the Republic of Italy.
15.2 For all matters not expressly referred to herein, the laws governing commercial dealings and the specific cases specified in this Agreement, as well as the norms contained in the [Italian] Civil Code and Legislative Decree no. 206 dated 6 September, 2005 (Consumer Code), shall be applicable.
16. Final Clauses
16.1 This Agreement annuls and cancels every previous Agreement, understanding, negotiation, whether written or oral, between the Parties and relating to the matters described in this Agreement.
16.2 The invalidity of any of the clauses of this Agreement shall not compromise the validity of the Agreement as a whole.
16.3 These General Conditions of Sale have been drawn up in the Italian, German and English languages. In case of any difficulties concerning its interpretation, the Parties agree that the version drawn up in the Italian language shall be valid and effective.