GENERAL TERMS AND CONDITIONS OF SALE
1. Subject
These General Terms and Conditions of Sale (hereinafter referred to as the “General Terms”) govern the purchase of Products made remotely via telematic networks through the website www.pestelli.com (hereinafter, the “Site”).
The Site is owned by: T. Pestelli di Tommaso Pestelli, headquartered at Via del Sole 22/r, 50132 Florence (Italy), VAT No. IT04123270482, Phone +39.055.2302488, info@pestelli.com (hereinafter also referred to simply as the “Company”).
2. Acceptance of the General Terms of Sale
All purchases of Products made through the Site (hereinafter, the “Purchase Agreements”) by users accessing it (hereinafter, the “Customers”) are governed by these General Terms, as well as by the Italian Consumer Code (Legislative Decree No. 206/2005), Section II on Distance Contracts (Articles 50-67), and by the rules on electronic commerce (Legislative Decree 70/2003).
By completing a Purchase Agreement, the Customer accepts and undertakes to comply with these General Terms.
The Customer is therefore invited to carefully read these General Terms before making any purchase, and once the purchase process is completed, to print or otherwise store a copy.
The Company may amend these General Terms at any time and without prior notice. However, the General Terms published on the Site at the time the Customer submits the purchase order shall apply to the relevant Purchase Agreement.
3. Products
The website www.pestelli.com is an e-commerce site for the sale of products (hereinafter, the “Products”).
All Products offered are clearly detailed on the Site, including a product sheet with descriptions and all necessary information. Images may differ from the actual item due to visual or digital display effects.
4. Purchase Procedure
Customers may purchase the Products displayed on the Site by following the technical access procedures described therein.
The publication of Products on the Site constitutes an invitation for the Customer to make a contractual purchase offer. The order submitted by the Customer is a contractual proposal and implies full knowledge and acceptance of these General Terms.
Correct receipt of the Customer’s proposal will be confirmed by the Company through an automatic response sent to the email address provided by the Customer. This only confirms the receipt of the proposal within the Company’s systems. This message will include an Order Number to be used in all future communications with the Company.
The confirmation message will include, in addition to the legally required information, all the data provided by the Customer, who agrees to verify its accuracy and promptly communicate any corrections.
Any additional costs resulting from errors in the data not promptly reported shall be borne exclusively by the Customer.
Each order can be viewed by the Customer on the Site in their personal account area immediately after submission and can be canceled up to the time of delivery to the courier.
Each Purchase Agreement between the Company and the Customer is concluded only upon acceptance of the order by the Company.
The Company reserves the right to reject, at its discretion, any order submitted by the Customer without the latter being entitled to any claims or rights of any kind, including compensation.
In particular, the Company reserves the right to reject purchase proposals or cancel orders that do not provide sufficient guarantees of solvency, or if anomalies are detected in the transactions or payment methods used by the Customer, even after verification with the credit card payment processor.
Order confirmation is given when the Products are handed over to the courier, accompanied by the issuance of the invoice or fiscal receipt.
5. Product Prices and Shipping Costs
- All Product prices are clearly stated on the Site and are inclusive of VAT.
- Tax-Free: only for sales to residents of non-EU countries, the prices at checkout are displayed net of the applicable VAT (i.e., reduced by 22%).
NOTE: this does not apply to shipping costs or any import taxes or customs duties. - Delivery costs are clearly indicated at the time of ordering. The cost of each shipment – which may vary based on the delivery and payment method, destination, and order total – is charged to the Customer and calculated at checkout. For deliveries outside the EU, the Company reserves the right to provide a quote; the Customer must contact the Company in advance for a shipping cost estimate.
6. Import Taxes and Customs Duties
- If the product is purchased and delivered within Italy or the EU (European Union), it is not subject to any import taxes or customs duties.
- If the product is purchased and delivered outside the EU (European Union), it may be subject to import taxes and/or customs duties depending on the product type and destination country. It is not possible to estimate customs clearance costs in advance. For more information, Customers should contact the customs office of their country. Any such costs will be borne by the Customer.
7. Delivery and Invoicing
Unless otherwise agreed, the Company delivers via courier across Europe, without prior appointment.
The Company issues an invoice or receipt when the Products are handed over to the courier for shipping, and it is included with the package. The invoice is based on the information provided by the Customer. No changes can be made after issuance.
The Company cannot be held liable for delays in order processing or delivery.
Products will be shipped to the postal address provided by the Customer.
Deliveries will be made Monday to Friday during regular business hours, excluding national holidays. Delivery is deemed complete when the Product is made available at the specified address.
Upon delivery, the Customer must check:
a) that the package is undamaged and unaltered;
b) that the number of items matches the transport document.
Any damage or discrepancies must be reported immediately by contacting the Company with the relevant order details.
Force majeure events, lack of transportation, or other unforeseen circumstances that cause delivery delays or make delivery difficult or excessively costly may entitle the Company to split, delay, or cancel delivery, or to terminate the Purchase Agreement. The Company will notify the Customer via the provided email, and the Customer will be entitled only to a refund of any payment made, excluding any further claims.
8. Payment Methods
Payment for Products may be made using the following methods:
- PayPal
All data is encrypted via SSL and cannot be intercepted. Data entry occurs directly on the PayPal site, ensuring maximum security. The amount is charged directly to the Customer’s PayPal account or linked credit/prepaid card. PayPal protects buyer information by not sharing financial details. A confirmation email is sent for each transaction. The order amount is charged when the order is handed over to the courier. When placing an order, only an authorization request is made to verify fund availability. In case of cancellation, the amount is refunded to the Customer’s PayPal account.
- Bank Transfer
Payment can also be made via bank transfer to: T. Pestelli (Tommaso Pestelli)
Bank: Intesa
IBAN: IT27O0306902887100000018168
BIC/SWIFT: BCITITMMThe item will be shipped after the bank notifies the transfer or upon receipt of the transfer confirmation (with C.R.O. number) sent to info@pestelli.com.
9. Right of Withdrawal
Purchases are governed by these General Terms and Italian law on distance selling.
Under Article 64 et seq. of Legislative Decree 206/2005 (Consumer Code), the consumer (i.e., a person purchasing goods for personal use without indicating a VAT number) has the right to withdraw from the contract for any reason, under the following conditions:
- The Customer must send notice of withdrawal within 14 (fourteen) business days from receiving the goods, clearly stating their intention. Proof of timely notice lies with the Customer, and registered mail or equivalent is recommended;
- The returned product must be substantially intact;
- Once the Product’s integrity is confirmed, the Company will refund the full amount paid by the Customer within 14 (fourteen) days. Refunds may be made by bank transfer or other agreed methods.
Only the Product price will be refunded; return shipping costs are borne by the Customer.
10. Non-conforming or Defective Products
Products are compliant with Italian and EU regulations. The Company guarantees that the Products are free from manufacturing defects.
If the Product differs from its description on the Site or is defective, the Customer must return it promptly for inspection. Within 8 days of receipt, the Company will email their assessment. If non-conformity or defects are confirmed, the Customer is entitled to a refund or replacement. The Company will then communicate the refund method. No liability shall be accepted for products that have been tampered with or altered by the Customer or others.
11. Disclaimer and Product Warranty
Products are intended solely for the specific use described on the Site. The Company accepts no liability for consequences arising from improper use.
12. Personal Data Processing
Customer data is processed by Pestelli Creazioni as detailed in the Site’s Privacy Policy.
13. Communications and Complaints
All communications or complaints from Customers regarding Purchase Agreements must be sent to the email address indicated in these Terms or via the contact forms on the Site.
14. Intellectual Property Rights
All trademarks (registered or not), works, signs, names, images, photos, texts, and other intangible assets displayed on the Site remain the exclusive property of the Company and/or its licensors. Accessing the Site or concluding a Purchase Agreement does not grant any rights to these assets. Any use, even partial, is prohibited without prior written authorization.
15. Governing Law and Jurisdiction
This Agreement is governed by the laws of the Italian Republic.
Any disputes arising from or related to this Agreement shall fall under the exclusive jurisdiction of the Court of Florence, Italy, where the Company is headquartered.