General conditions for the purchase of products on Pupapazza.com
Pupapazza di Calabrese Maria Assunta invites each user to carefully read these general conditions of sale ( “General Conditions” ) of the products offered from time to time by Pupapazza through the Site (as defined below) www.pupapazza.com, before completing any purchase and, once this operation is completed, to print them or save a copy in digital format.
1.1. Without prejudice to the applicability, although not regulated and / or waived herein, of Legislative Decree 6 September 2006 no. 205 on distance selling to consumers and the Legislative Decree 9 April 2003 n. 70 regarding electronic commerce, the General Conditions govern the remote purchase of the products and services promoted on the website www.pupapazza.com ( “Site”; the products promoted on the Site from time to time < strong> “Products” ), of which Pupapazza di Calabrese Maria Assunta , with registered office in Via Napoli 67, 71122 Foggia (FG) – Italy , P .IVA 03648590713 is the owner, by the user of the Site ( “Customer” ).
1.2. The Products distributed by Pupapazza di Calabrese Maria Assunta, through its Website, are made up, by way of example and not limited to, of Personalized Mascots.
All Products made available to Customers are illustrated on the homepage of the Site and / or within the various web pages of the same and the Shop.
1.3. The terms and methods for the purchase of Products offered by Pupapazza di Calabrese Maria Assunta, through the Site, are contained in these General Conditions, supplemented, where the characteristics of the Product offered make it necessary, by specific provisions and technical instructions from time to time. indicated on the Site itself or by specific agreements reached between the Customer and Pupapazza di Calabrese Maria Assunta ( “Special Conditions” ). In the event of a conflict between the General Conditions and the Special Conditions, the latter will prevail. In any case, the General Conditions and the Special Conditions, where present, form an integral part of the purchase and sale contract of the Products concluded between the Customer and Pupapazza di Calabrese Maria Assunta.
1.4. The offer of Pupapazza di Calabrese Maria Assunta products is aimed at consumer customers.
1.5. Pupapazza di Calabrese Maria Assunta, may modify the General Conditions without prior notice. These changes will be effective from the day of their publication on the Site: however, the General Conditions in force at the time of the conclusion of the sales contract will be applied to purchase orders sent to Pupapazza di Calabrese Maria Assunta before the publication of the aforementioned changes.
2.1. The visual representation of the Products on the Site, where available, corresponds to the photographic reproduction of the same and has the purpose of presenting them for sale, without this implying any obligation of guarantee or explicit or implicit commitment by Pupapazza di Calabrese Maria Assunta regarding the exact correspondence of the image depicted on the Site with the Product, with particular reference – in relation to the Products – to the chromatic aspects of the covers and / or packaging.
2.2. The publication of the Products on the Site constitutes an invitation to users to formulate a purchase proposal to Pupapazza di Calabrese Maria Assunta.
2.3. If a specific Product should be presented on the Site in an area other than those intended for purchase operations or, in any case, it is not possible to select the “Add to Cart” icon, it must be understood as available for sale for which it will be possible directly contact Pupapazza di Calabrese Maria Assunta using the appropriate form.
2.4. Each order sent by the Customer to Pupapazza di Calabrese Maria Assunta has the value of a contractual proposal and can be formulated by completing the appropriate online form, complete with all the data requested therein and marked as mandatory ( “Order” ) .
2.5. If the Customer fails to fill in any of the fields of the Order marked as mandatory, the system will not allow the Order to be sent to Pupapazza di Calabrese Maria Assunta: only upon completion of the exact compilation of the Order with all the requested data, the Customer will be authorized to send the Order.
2.6. In any case, the Customer undertakes to communicate correct, up-to-date and truthful data in relation to personal details, personal contact details and in general other information useful for order fulfillment.
2.7. Once the Order form has been completed, by clicking on the “Add to Cart” icon, the Customer will be asked to read and accept the General Conditions and any Special Conditions: in the absence of such reading and acceptance, the Order cannot be forwarded to Pupapazza of Calabrese Maria Assunta. Upon completion of this acceptance operation, the Order will be automatically forwarded to Pupapazza di Calabrese Maria Assunta.
2.8. Once the Order has been received, Pupapazza di Calabrese Maria Assunta will automatically send the Customer, to the e-mail address indicated by the same in the Order (hereinafter “Email Address” ), an e-mail confirming receipt of the Order itself (hereinafter “Confirmation of Reception” ), containing the details of the Order, all the data relating to the purchase, any Special Conditions applied to the specific Order, the summary of the Products required and the related costs, a summary of the personal data, the contact details of the Customer, the address indicated by the Customer as the place of delivery of the ordered Product (hereinafter “Place of Delivery” ), as well as the links through which the Customer can check the status of the Order. The Customer undertakes to verify the correctness of the data contained in the Order and summarized in the Receipt Confirmation and to promptly notify Pupapazza di Calabrese Maria Assunta of any changes that need to be made to the aforementioned data.
2.9. It is understood that the Confirmation of Receipt does not constitute acceptance of the contractual proposal made by the Customer with the Order, but simply a confirmation of receipt of the Order by the system.
2.10. Pupapazza di Calabrese Maria Assunta has the right not to accept the Orders received, without the Customer being able to advance any rights or claims against Pupapazza di Calabrese Maria Assunta for any reason. In the event of non-acceptance of the Order by Pupapazza di Calabrese Maria Assunta, the latter will promptly return to the Customer any amount already paid by him for the purpose of processing the Order. For the purposes referred to in this art. 2.10, it is in any case understood that in the event that the Customer, at the time of formulating the Order, had chosen the cash on delivery method of payment (payment method currently not allowed) no refund will be due by Pupapazza di Calabrese Maria Assunta to the Customer.
2.11. The sales contract will be considered concluded (i) at the time of acceptance of the Order by Pupapazza di Calabrese Maria Assunta sent to the e-mail address indicated by the Customer in the same Order or (ii) tacitly, if 48 hours have elapsed from receipt of the Order by Pupapazza di Calabrese Maria Assunta as resulting from the Confirmation of Reception, in the event that the same Pupapazza di Calabrese Maria Assunta does not send the Customer, to the e-mail address indicated by the same in the Order, communication of non-acceptance of the Order (hereinafter “Sales Agreement” ).
2.12. Once the acceptance of the Order has been received by Pupapazza di Calabrese Maria Assunta or once 48 hours have elapsed from the receipt of the Order by Pupapazza di Calabrese Maria Assunta without the latter having communicated the non-acceptance of the same, the same Pupapazza di Calabrese Maria Assunta will proceed with the operations necessary for the shipment of the Products selected by the Customer: specific communication will be given to the Customer by email sent to the email address communicated by the Customer with the Order.
2.13. The purchase of the Products is reserved for people over the age of or who in any case have the ability to act: on the other hand, the purchase can be made by a minor as long as it is made or otherwise authorized by the person exercising parental authority. Pupapazza di Calabrese Maria Assunta declines all responsibility in the event that incapable persons act in violation of this rule.
2.14. The status of each Order can be viewed by the Customer on the Site in the “My Orders” section, which the Customer can access through the links in the Pupapazza di Calabrese Maria Assunta acceptance e-mail or in any case by clicking on the appropriate icon placed in at the bottom of each web page of the Site, by entering the authentication credentials chosen at the time of the Order.
2.15. Each Sales Contract will be filed by Pupapazza di Calabrese Maria Assunta through an electronic system and can be viewed, where necessary, both by the staff of Pupapazza di Calabrese Maria Assunta and by any third parties that it uses for the execution of the Sales Contract. .
3.1. The prices of the Products published on the homepage or in the different sections of the Site dedicated to each single Product include VAT. and do not include any taxes and / or duties.
3.2. The total price of the Order will include, in addition to the amounts referred to in the previous art. 3.1., Also the cost of shipping.
3.4. The total amount due for the selected Products will be clearly indicated and communicated to the Customer, before the conclusion of the Order formulation process, and, therefore, before the completion of the Sales Agreement.
4.1. Payments in execution of the Sales Contracts can be made online using Paypal (and major credit cards of the PayPal circuit) or by Bank Transfer .
4.2. Pupapazza di Calabrese Maria Assunta reserves the right to authorize the use of additional payment methods upon specific request of the Customer: it is understood that, as an exception to the provisions of these General Conditions, the authorization granted by Pupapazza di Calabrese Maria Assunta to Customer to use a different payment method will constitute a Special Condition applicable exclusively to the payment of the purchase referred to in the Order to which this concession refers.
4.3. At the time of placing the Order, the Customer is required to expressly indicate the chosen payment method.
4.4. Pupapazza di Calabrese Maria Assunta reserves the right to verify, at any time, the ownership of the payment instrument used or the possession of the requirements to purchase the Products from the Site (see by way of example the provisions of the previous Condition 2.13): this, requesting the Customer to send additional information and / or documents. If the Customer does not comply with the requests of Pupapazza di Calabrese Maria Assunta, the latter will have the right not to accept the Order, or to withdraw from the already completed Sales Contract, promptly notifying the Customer via the Email Address.
4.5. Payment through Paypal will take place by redirecting to the Paypal.com site, where the procedures for transferring the sums due to Pupapazza di Calabrese Maria Assunta can be completed. The Customer’s financial data will be managed directly by Paypal and will not be shared with Pupapazza di Calabrese Maria Assunta.
4.6. The payment of the Products by cash on delivery is not allowed at this time.
4.7. In the event that the Customer opts for the method of payment by bank transfer to the current account in the name of:
Pupapazza of Calabrese Maria Assunta
IBAN: IT09S0503415703000000014616
SWIFT: BAPPIT21G40
unless otherwise agreed in writing between the parties, the Order will be processed by Pupapazza di Calabrese Maria Assunta only after the total amount of the Order has been credited to the Current Account.
4.8. In case of non-payment – for any reason – of the price indicated in the Sales Contract, Pupapazza di Calabrese Maria Assunta reserves the right to terminate the Sales Contracts in place with the Customer, with immediate effect, for non-fulfillment by the Customer, as well as block the purchase functions attributed to the Customer by giving immediate written notice to the Customer, without prejudice to the right of Pupapazza di Calabrese Maria Assunta to request the reimbursement of any further damage suffered.
4.9. The Customer will receive a regular invoice / receipt.
5.1. The expected delivery times are 10-15 working days in Italy. The availability and delivery times may vary with respect to what is reported both for shipments abroad and for the simultaneous purchase of the same Product by a large number of users.
5.2. Pupapazza di Calabrese Maria Assunta is not responsible for any delays occurring during the transport service and, therefore, does not undertake or guarantee full compliance with the delivery times indicated on the Site and / or in the Order.
5.3. Pupapazza di Calabrese Maria Assunta invites the Customer to periodically check the status of the Order in the “My Orders” section of the Site as well as to contact the Customer Service: this section will also indicate the status of the Order referred to in Articles 5.8. and following.
5.4. All shipments of the Products will be at the risk of Pupapazza di Calabrese Maria Assunta which guarantees compliance with the quality standards relating to the Products and Services exclusively up to the time of the first delivery attempt to the Delivery Place referred to in the following art. 5.7.
5.5. For each Sales Contract completed through the Site, Pupapazza di Calabrese Maria Assunta will issue a delivery note, a copy of which will be sent to the Customer’s Email Address: this document, once sent to the Customer, can no longer be changed.
5.6. For the purpose of delivering the Products ordered by the Customer, the presence of the Customer or of the third recipient indicated by the Customer or their representative is always required: if none of these subjects is available and in the Delivery Place at the time of delivery (hereinafter < strong> “First Delivery Attempt” ), the courier will leave a notice for a second delivery for the next working day, as well as a telephone number to be able to agree on a different date and time for delivery, as well as, possibly, a different Delivery Location (hereinafter “Second Delivery Attempt” ).
5.7. If the Customer or the third recipient indicated by the latter or a person in charge of the latter should not be available even at the Second Delivery Attempt, the Product will be held in storage by the courier for a maximum period of 15 days starting from the Second Delivery Attempt. (hereinafter “Term of Stock” ).
5.8. In the case provided for by the previous art. 5.7., The Customer may contact the Customer Service of Pupapazza di Calabrese Maria Assunta who will inform him of the courier’s office from which the Product can be collected: the Customer must go to the indicated office with the delivery notice “left by the courier. There will be no additional cost for storage.
5.9. Once the Storage Period has expired without the Customer or the third recipient indicated by the latter or their representative having collected the Product in accordance with the provisions of Articles 5.6. and 5.7., the Product will return to the warehouses of Pupapazza di Calabrese Maria Assunta: in this case, the Customer, no later than 30 days from the expiry of the Stock Period, may request Pupapazza di Calabrese Maria Assunta, alternatively:
5.9.1. a second shipment of the Product (hereinafter “Second Shipping” ) to which the provisions of Articles 5.1 and following of these General Conditions, which Pupapazza di Calabrese Maria Assunta will be able to carry out only after the Customer has previously paid the price of the Second Shipment: on the other hand, if this shipment is not successful, the Contract of Sale will be resolved by law due to non-fulfillment by the Customer and Pupapazza di Calabrese Maria Assunta will be authorized to withhold the amount of the Order by way of compensation for damages suffered by the same.
5.9.2. the reimbursement of the amount paid for the Order: provided that Pupapazza di Calabrese Maria Assunta will have the right to withhold from the amount paid by the Customer all the costs incurred by the same for the first shipment, including any Consideration for the Stock, so such as any duties and taxes; it is also understood that the right of reimbursement referred to in this art. 5.9.2 is excluded in the event that the Customer at the time of the Order has chosen cash on delivery as a means of payment (payment method currently not allowed).
5.10. Pupapazza di Calabrese Maria Assunta reserves the right to terminate the Contract of Sale or to split, postpone or cancel, in whole or in part, the expected delivery in cases of force majeure, unavailability of means of transport, unforeseeable events, if such events cause excessive delay in deliveries or make them difficult or impossible and / or cause a significant increase in the relative cost to be borne by Pupapazza di Calabrese Maria Assunta: in such cases, Pupapazza di Calabrese Maria Assunta will promptly notify the Customer’s Email Address, who will have the right to obtain the refund of any price paid, excluding any further claim or compensation, for any reason, against Pupapazza di Calabrese Maria Assunta.
6.1. Pursuant to art. 64 and following of the Consumer Code, the consumer customer (ie the customer who has the characteristics referred to in the previous art. 1.4., Has the right to withdraw from the purchase without any penalty and without specifying the reason (hereinafter ” Right of Withdrawal “).
6.2. In order to exercise the Right of Withdrawal, the Consumer must send a registered letter with acknowledgment of receipt, to be sent within 5 working days of receipt of the selected Products and / or Services ordered to the following address:
Pupapazza di Calabrese Maria Assunta – Via Napoli 67, 71122 Foggia (FG) – Italy
6.3. The communication with which the Consumer exercises the Right of Withdrawal may be anticipated to Pupapazza di Calabrese Maria Assunta by filling in the form on the Site on the page “ Contacts “, but it must still be confirmed by registered letter with return receipt. referred to in the previous art. 6.2 .: provided that the withdrawal will only become effective upon timely receipt by Pupapazza di Calabrese Maria Assunta of the aforementioned registered letter.
6.4. The return of the Products subject to withdrawal must be made, at the expense of the Consumer, by courier of his choice, to the following address:
Pupapazza di Calabrese Maria Assunta Via Napoli 67, 71122 Foggia (FG) – Italy.
6.5. The Right of Withdrawal may be validly exercised under the following terms and conditions:
6.5.1. the withdrawal may also be exercised limited to individual Products covered by a single Sales Contract, it being understood that the Consumer will not be able to exercise the withdrawal limited to a part of the single Product purchased;
6.5.2. all the Products for which the Consumer has exercised the Right of Withdrawal must never be used and intact like the original packaging, complete in all its parts including the packaging material, any seals affixed, as well as any documentation accessory. In the case of a “Personalized Mascot”, the Right of Withdrawal can only be exercised if the delivered product shows an incorrect production with respect to the agreements made during the purchase phase;
6.5.3. if the Product for which the right of withdrawal has been exercised is damaged by Pupapazza di Calabrese Maria Assunta, this may refuse the Product returned by the Customer by promptly informing the Consumer at the Email Address in order to allow him to exercise the right of recourse in the against the courier chosen to return the products to Pupapazza di Calabrese Maria Assunta;
6.5.4. Pupapazza di Calabrese Maria Assunta will not be liable under any circumstances for damage, theft or loss of returned Products, until they have been returned to its offices: any risk will therefore be borne exclusively by the Consumer.
6.6. In case of valid exercise of the Right of Withdrawal, Pupapazza di Calabrese Maria Assunta will refund the Consumer of the purchase price of the Product subject to said Right of Withdrawal, no later than 30 days on the same date on which Pupapazza di Calabrese Maria Assunta has received the returned Product.
6.7 The Consumer will receive a refund depending on the payment method chosen at the time of the Order and thus:
6.7.1 In case of payment by Paypal card, you will receive the reimbursement on the same account, according to the methods and timing provided by the suppliers of the aforementioned payment instruments;
6.7.2. In case of payment by bank transfer or cash on delivery (payment method currently not allowed), you will receive a refund by bank transfer: in this case, with the notice of withdrawal referred to in the previous art. 6.2., Must communicate the bank details for the transfer (IBAN and current account holder).
6.8. If the Consumer violates, in whole or in part, the provisions dictated on the subject of withdrawal by these General Conditions, and in particular by this art. 6, the Sales Agreement will remain valid and effective and Pupapazza di Calabrese Maria Assunta will return the Products unduly returned to the Consumer, charging the latter for the related shipping costs.
6.9. Pupapazza di Calabrese Maria Assunta has the right to withdraw from each Contract of Sale concluded by any Customer, giving the same written notice by registered letter with return receipt; in the same way, Pupapazza di Calabrese Maria Assunta may not accept any Order from Customers who have implemented irregular behavior, we have not accepted the Products purchased on delivery (payment method currently not allowed), are suspected of conduct contrary to the law or in the event that the non-acceptance is imposed by an order of a judicial authority.
7.1. If the Products enjoy a conventional guarantee recognized by the manufacturer, any flaws, defects or discrepancies must be reported directly to the manufacturer as indicated on the Product packaging or in the illustrative brochure.
7.2. Except for mandatory provisions of the law, Pupapazza di Calabrese Maria Assunta declares that it has no responsibility for defects, defects or product discrepancies. The guarantee for the Consumer remains unaffected pursuant to Legislative Decree 206/2005.
7.3. In this case, the Consumer must, under penalty of forfeiture, report the defect to Pupapazza di Calabrese Maria Assunta to the Customer Service of Pupapazza di Calabrese Maria Assunta using the methods referred to in the previous art. 6.2. within 2 (two) months from the date of discovery of the defect.
7.4. Pupapazza di Calabrese Maria Assunta will make every reasonable effort to replace and arrange for the manufacturer and / or supplier to replace the defective product at its own expense and within a reasonable time. If this is not possible, or if it is excessively burdensome for Pupapazza di Calabrese Maria Assunta, the Consumer will have the right to terminate the Sales Agreement and, consequently, to obtain the re-credit of the sums paid for the purchase and shipment of the Product, remaining excluded. any further liability of Pupapazza di Calabrese Maria Assunta, for any reason and for any reason.
7.5. If the Customer detects any discrepancies between what was ordered and what was received, and in particular, should he encounter any problem concerning the physical integrity, correspondence or completeness of the products received, he must promptly inform the Customer Service of Pupapazza di Calabrese Maria Assunta.
7.6. Customer Service will provide the necessary information for solving the problem, and where possible, for the shipment of missing items, for the replacement of defective items or for their refund.
7.7. In no case will the Customer be required to return defective or incorrectly received items at his own expense.
8.1. All communications or any complaints against Pupapazza di Calabrese Maria Assunta must be addressed to the Customer Service of Pupapazza di Calabrese Maria Assunta, by filling in the appropriate form on the Contact page.
8.2. Alternatively, the Customer can send a letter, headed to ‘Pupapazza di Calabrese Maria Assunta, Via Napoli 67, 71122 Foggia (FG) – Italy’
9.1. The Customer declares and acknowledges that all trademarks displayed here are the property of their respective copyright holders; third party brands, product names, trade names, corporate and company names mentioned may be trademarks of their respective owners or registered trademarks of other companies and belong to their legitimate owners.
9.2. Pupapazza di Calabrese Maria Assunta is not responsible for trademarks, distinctive signs and other intellectual and industrial property rights relating to the Products for sale on the Site whose owners are expressly indicated therein (hereinafter, the rights referred to in this art.10.2. and in the previous art. 10.1., together, “Intellectual or Industrial Property Rights” ).
9.3. Any use of Intellectual or Industrial Property rights in any way and / or form, in whole and / or in part, without the prior written authorization of Pupapazza di Calabrese Maria Assunta or its licensors is prohibited.
For the regulation of the processing of personal data by Pupapazza di Calabrese Maria Assunta, please refer to the specifically dedicated area of the site, reachable at the following address:
https://www.pupapazza.com/privacy/
11.1. These General Conditions are governed and interpreted according to Italian law; in the same way, any Special Conditions and each Sales Contract will be governed and interpreted according to Italian law.
11.2. Any dispute relating to the General Conditions, the Special Conditions or the Sales Contracts will be devolved to the exclusive jurisdiction of the Court of Foggia, without prejudice to the applicability of the mandatory provisions of law set up for the protection of Consumers.