Sales conditions

1. Definitions

The meaning of the terms and phrases listed below are as follows, thus implying that the definitions given for the terms in singular form stand also for the plural form, and the other way round.

store.pinfarina.com: the virtual shopping place run by Pininfarina and accessible via the URL http://store.pininfarina.com, through which you can purchase the products.

General Conditions: current General Sales Conditions and any future new versions that may be published by Pininfarina.

Customer: either an individual or legal person that purchases one or more products through store.pininfarina.com, in acceptance of the General Conditions.

Parts: means jointly Pininfarina and the customer.

Sales Contracts: the finalized agreements between Pininfarina and customers for the sale of products, in accordance with art.3 below.

Products: items published on store.pininfarina.com that may become the object of future sales contracts.

Price: the sale price of Products shown on store.pininfarina.com corrisponding to the Products themselves.

Order: the purchase order of the products sent by customers in accordance with the General Conditions and following the procedure laid down in art. 6 below.

Order Confirmation: the e-mail through which Pininfarina communicates to Customers the acceptance of order.

Account: the area within store.pininfarina.com where about customers, after authentication, can: (i) view and edit their personal information and the addresses where the Ordered Products need to be shipped to and delivered; (ii) examine previous Orders; (iii) access any other specific function related to their activity on store.pininfarina.com.

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2. Object

2.1 The General Conditions apply to all Sales Contracts representing an essential and integral part of them.

2.2 Pininfarina has the right to change the General Conditions at any time, provided that the terms applicable to each Sale Contract will be those published on store.pininfarina.com at the time of order by the Customer.

2.3 In case of conflict between the rules in the General Conditions and those on Sales Contracts published on store.pininfarina.com, the latter will apply.

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3. Finalization of Sales Contracts

3.1 Pininfarina agrees to send to the Customer the order confirmation within 2 working days of receipt of the Order.

3.2 Sales Contracts are finalized between parties only once the Customer receives the Confirmation Order, regardless of his/her actual acknowledgement (subject to the right of withdrawal under Article. 9, in the cases provided for therein). If the Customer does not receive an Order Confirmation by the deadline indicated in art. 3.1, this will be considered a silent refusal therefore the Order shall be rejected by Pininfarina and be considered without any legal effect.

3.3 By placing an order, the Customer declares to have read all the instructions on how to purchase Products found in art.6 and to have fully accepted the General Conditions, thus having read all further information on store.pininfarina.com and related links.

3.4 Every Order will be filed in the store.pininfarina.com database according to and subject to the provisions of the Decree. 30.06.2003 n. 196 ("Privacy Policy") and will be available by simply contacting Pininfarina at the contacts indicated in art.16, or simply by logging into your Account.

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4. Product Availability

4.1 The types and availability of products posted on store.pininfarina.com may vary at any time without any liability for Pininfarina towards customers.

4.2 Customers won't be able to order "out of stock" Products. In the case a product, which resulted available at the time of the order, were to become unavailable, Pininfarina, subject to the provisions of art. 3.2, agrees to communicate to the customer the newly scheduled product availability times by e-mail. The Customer has the right to withdraw its order within 48 hours of receipt of the notice by Pininfarina(subject to the right of withdrawal pursuant to Art. 9, in the cases provided for therein) by sending an e-mail to the address specified in Art. 16. In this case Pininfarina will refund the price in the shortest time possible. 4.4 There is a line of products that customers can directly customize on store.pininfarina.com following the instructions on the online system. Each product will be espescially custom made by Pininfarina.

4.3 Pininfarina reserves the right to not indicate the availability of all/some products published on store.pininfarina.com.

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5. Price and shipping costs; taxes and duties

5.1 The Prices are in Euro. The applicable rates are those published on store.pininfarina.com at the time of Order.

5.2 The price is inclusive of VAT if the products are shipped by Pininfarina and delivered in the EU. For the application of VAT or not, the current VAT rules will be apply to different cases.

5.3 The price does not include shipping costs. The customer is then obliged to pay to Pininfarina a shipping cost fee which can vary depending on the type of delivery, the quantity of products that need to be delivered, their volume, weight and destination.

5.4 The above fee will be indicated separately from the Product Price on store.pininfarina.com to allow the Customer to be aware of it before placing the Order. The customer will pay it upon conclusion of the Sale Contract together with the Price in the manner provided for in art.7.

5.5 Any taxes, duties and other charges imposed by laws of the state where the Products are being shipped to and delivered will be entirely borne by the Customers. Only upon delivery of Products will the Customers directly pay these to the tax or customs authorities, that is to say to the courier in charge of the delivery.

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6. How to send orders

6.1 To place an order on store.pininfarina.com the Customer must register all the "mandatory" data and choose a password in order to send Orders and access his/her Account, even at a later date.

6.2 The Customer will be able to purchase Products by selecting them in the dedicated store.pininfarina.com section and placing them in a "basket". If the Customer wishes to buy more than one Product, the procedure described above will have to be repeated by clicking on "add more products". Once chosen the Products, the unregistered Customer will have to add his/her personal data as per art.6.1, while the already registered Customer will have to log in by using his/her e-mail address and password in the spaces provided and then click on "checkout". Once all the information relating to the Product/Products chosen and to the "delivery data" have been verified the Customer will have to select the method of payment as per art. 7. Once the method of payment has been chosen, the Customer will be able to place the Order by clicking on "submit order".

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7. Payment methods

7.1 The Customer can pay the Price and the shipping cost fee as in art. 5 via credit card. Pininfarina reserves the right to change the means of payment used by customers at any time, understanding that only those published on store.pininfarina.com will be acceptable at the time the Customer sends the Orders.

7.2 Pininfarina will send an invoice, attached to the package containing the goods ordered. For the purposes of invoicing, any information provided herein by the Customer will prevail: no invoice variation will be possible once it is issued by Pininfarina.

7.3 Any information received by Pininfarina, under this art. 7, will only be used to complete sale and refund procedures in the case Customers were excercising the right of withdrawal set out in art.9.

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8. Shipping and delivery of Products

8.1 Under this contract regulation, the term "shipping" of Pininfarina products means the delivery of products to the couriers selected in accordance with art. 8.2. However Pininfarina won't undertake such delivery until it has received the Price. In fact only after receiving it will Pininfarina dispatch the Products:

  • (i) in the case of Product availability (as defined in art. 4): within 3 working days:
    - following receipt of notification of debit authorization paying by credit card.
  • (ii) in the case of available Products that have become unavailable (as defined in art. 4.2), within 3 working days from the moment in which such Product/Products are available again at the stores of Pininfarina, subject to the Customer's right to withdraw the Order according to art. 4.2;

 

8.2 Pininfarina ensures Product shipping via express mail couriers each time selected depending on the Product in Order and the place of destination. Products are shipped from Pininfarina and delivered by the courier selected by Pininfarina. to the address given by Customers when logging in , as in art 6.1, or at any other address indicated at the time of the Order.

8.3 According to the law, Pininfarina will improve the delivery of Products at the time of their delivery to the selected courier. Furthermore It will do its utmost to ensure that Products shipped under articles 8.1 and 8.2 shall be delivered by the selected couriers within the deadlines specified in the "Shipping" section on store.pininfarina.com.

8.4 Pininfarina cannot be held liable for any failure to comply with the delivery deadlines.

8.5 In order to allow Customers to track the status of the Orders, Pininfarina generates a serial Order number which verifies all information relating to Orders when typed in "My Orders" - accessible from every page of the On-Line Store.

8.6 Customers can check the status of the Orders thanks to the online "Order Tracking" service directly provided on the shipper's Website. Customers may track Orders only after the Products have been shipped by using tracking data communicated by Pininfarina via e-mail, or by logging into their Account.

8.7 Customers, or other people -appointed by the Customers- that find themselves at the address indicated for the delivery of the Products on the Order Confirmation, are required to check, at the time of delivery, that:

  • (i) the Products match the courier's transportation document (DDT) in terms of quantity and type;
  • (ii) the packing/ packaging of Products is intact, not damaged or wet or otherwise altered, including the sealing materials.

 

8.8 Any damage to the packaging of Products must be immediately claimed by the Customer by placing a written notice on the delivery slip of the courier. Bare in mind that once the slip is signed without objection, the Customer can no longer raise any claim against Pininfarina with reference to the Product delivered.

8.9 Products can be delivered by couriers only to Customers or people authorized by these; people to whom the Products are delivered have to sign a slip to certify that these have been delivered. Couriers do not deliver to PO boxes or through product placement in letter boxes or other similar locations.

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9. Right to withdraw


9.1 If the Customers are "consumers" (i.e. a person acting for purposes not related to business, commercial, craft or professional activity), these are entitled, pursuant to and for the purposes of arts. 52-59, D. Legislative Decree No. 21/2014, to terminate the Sales Contract within 14 working days from receipt of the Products (under the Sales Contract). Customers must exercise their right of withdrawal by sending to Pininfarina an e-mail forwarded to the address as at art 16., containing:
 
  • (i) the intention to exercise the right of withdrawal;
  • (ii) the details of the Order which started the Sales Contract from which they intend to withdraw.

 

9.2 In the case the Customers exercise the right of withdrawal, as in the present art. 9.:

  • (i) Customers commit to return Products within 14 working days from the date of the notice of withdrawal, under art. 9.1;
  • (ii) all costs related to returning the Products have to be entirely borne by Customers;
  • (iii) Pininfarina will refund the price in the shortest time possible and not later than 14 days from the date of receipt of notice of withdrawal under art 9.1, provided that:
    - the Products have been returned and are not broken;
    - the original parcel/package of Products is returned and intact;
    - any accessories, manuals etc... are returned and intact;
    -the Products have not been used;
  • (iv) Pininfarina will communicate the arrangements of repayment of the Price to Customers, and may for such purpose require their bank details (IBAN and current account holder).

 

9.3 Customers who excercise their right to withdraw not according to the terms and conditions set out in this art. 9, are not entitled to the Price refund.

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10. Product defects / deformities

The "consumer" Customers (as defined under. 9.1) are entitled to the consumer's rights under Article. 130 of Legislative Decree 206/05; these rights must be excercised within the terms of art. 132 of the Legislative Decree 206/05

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11. Privacy

Pininfarina is the owner of the processings of data, which are collected through store.pininfarina.com. It represents and warrants that Customer's personal information will be processed in accordance with the provisions of Legislative Decree no. 196/03, and following amendments.

Those responsible for handling Customer data are as follows:

  • 1. DGTMedia Srl, which handles the processing of data needed for management and maintenance of the site's database store.pininfarina.com and the achievement of direct marketing activities;
  • 2. DHL, which dealS with the processing of data necessary to perform the activities of shipping, delivering and returning products purchased on store.pininfarina.com;
  • 3. BT Italia S.p.A. which is in charge of processing data with regard to management and upkeep of the store.pininfarina.com server;

 

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12. Errors and/or inaccuracies on store.pininfarina.com

12.1 Pininfarina commits to constantly check store.pininfarina.com to avoid errors or inaccuracies. However, it may very well be that store.pininfarina.com contains errors, inaccuracies or omissions at present or in time to come.

12.2 Pininfarina reserves the right to correct errors, inaccuracies or omissions contained on store.pininfarina.com even after an Order has been sent. It also reserves the right to change or update information at any time without prior notice to Customers.

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13. Intellectual property

All intellectual property rights related to store.pininfarina.com (including content) are the exclusive property of Pininfarina and: store.pininfarina.com and its contents may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked or used for any purpose without the prior written consent of Pininfarina.

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14. Applicable law

14.1 The General Conditions and Sales Contracts are governed by Italian law and in particular by the Legislative Decree 206 of 06/09/2005 (consumer rights), by the Legislative Decree 70 of 09/04/2003 (reception of the directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, and by the Legislative Decree 21 of 21/02/2014 (reception of directive 2011/83/EU of the european parliament and of the council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council) and must be interpreted as such.

14.2 Any dispute which may arise in connection with the General Conditions and/or Sales Contracts must be exclusively referred to the Court of Milan, where not otherwise strictly imposed by law

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15. Contact

For further information and assistance on store.pininfarina.com or on how to purchase on store.pininfarina.com or on Sales Contracts, Customers can contact Pininfarina via e-mail address support@store.pininfarina.com, or by writing to: Store.Pininfarina.com c/o Pininfarina Extra s.r.l. Via nazionale, 30 - 10020 Cambiano (TO) – ITALY.

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