General purchase terms
1. INTRODUCTION
1.1 The sale of “Pavoni Vaganti” branded products executed remotely through this site (hereinafter referred to as the “Website”) is governed by the following General Terms and Conditions of Sale.
The products offered on the Website are sold directly by Super Leggera Coloreto .
is a company incorporated under Italian law, with registered office at Via della Costituzione, 10 – 61032 Fano (PU), Italy, tax code, VAT and filing with the Companies’ Register of Pesaro Urbino 02603700416, REA n. PS 195042
1.2 The use of the remote sale service governed by the General Terms and Conditions of Sale hereof is exclusively reserved to consumers (hereinafter referred to individually as “Customer” or, collectively, “Customers”) meaning natural persons acting for purposes not related to the business, entrepreneurial, artisanal or professional activities possibly carried out, over the age of 18 (or, if younger, authorised by their legal representative).
The resale or transfer of the products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.
1.3 The languages used to execute the sale contract through the Website hereof are: Italian and English.
1.4 The General Terms and Conditions of Sale hereof are published on the Website for Customers’ information, storage and reproduction purposes, in compliance with the applicable laws currently into force.
1.5 The purchase of the products is exclusively governed by the General Terms and Conditions of Sale published on the Website and into force at the time of the relevant purchase.
Super Leggera Coloreto reserves the right to amend the General Terms and Conditions of Sale hereof at any time. Any amendment shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale is published.
The replacement of the General Terms and Conditions of Sale hereof with a new version automatically implies the non-applicability, ineffectiveness and non-enforceability of the former version with respect to purchases made after such previous version is removed from the Website, also in the event such General Terms and Conditions of Sale are in any way accessible and/or available to the general public through other internet websites other than the one indicated above.
2. PRODUCT AVAILABILITY
2.1 The Customer acknowledges that the products offered on Super Leggera Coloreto’s website (hereinafter referred to as “Products”) are made entirely from hand upon request and do not come from a pre-existing inventory of stock.
2.2 The production of each individual Product requires a minimum of three working weeks and a maximum of eight working weeks, depending on the materials, personalisation choices and workload at the time of purchase. A further two days are required to perform checks once the Product has been made.
2.3 Occasionally the availability of certain Products may incur inconveniences. In such circumstances, Super Leggera Coloreto shall inform the Customer promptly (and in any case within the deadlines specified below) by email that the order placed has been cancelled.
In the event the order is only partially unavailable, the Customer will be asked if he/she either wishes to receive the Products that are available or fully cancel the order.
2.4 Super Leggera Coloreto reserves the right to vary the articles sold on the Website at any time, without any notice.
3. PURCHASING PROCESS
3.1 Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the article’s photographic images, unit price, colours and sizes (if applicable).
3.2 The Products selected by the Customer shall be placed into a special section (hereinafter referred to as the “Shopping Bag”).
A description of the Products, including measures or sizes (if applicable), together with one or more photographic images in digital format clearly showing the Products, shall be included in the Customer’s Shopping Bag.
3.3 Although Super Leggera Coloreto constantly takes steps to ensure that the photographs displayed on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the Customer. As a result, Super Leggera Coloreto shall not be responsible for any possible inadequacy of the graphic representations of the Products displayed on the Website if due to the above technical reasons.
3.4 To view the Products selected and the total price of the purchase order, please visit the Shopping Bag page.
Before confirming the relevant order (hereafter referred to as the “Order”), the Customer is required to check the accuracy of the contents of the Shopping Bag and fill in the Order form in accordance with the instructions provided on the Website.
3.5 The purchasing process is completed as soon as the Customer presses the relevant final Order confirmation button (hereinafter referred to as the “Buy Button”), thereby validating his/her Order, which will be directly submitted to Super Leggera Coloreto.
After pressing the Buy Button, the contents of the Order may no longer be modified by the Customer.
3.6 Before confirming the Order, the Customer is required to confirm that he/she has read and accepted the General Terms and Conditions of Sale hereof. At the end of the purchasing process, it is advisable that the Customer save or print off the General Terms and Conditions of Sale.
3.7 The purchasing process must be fully completed; failure to do so entails that the Order cannot be submitted to Super Leggera Coloreto.
3.8 Each Order and the Customer’s data required for the purchase shall be stored by Super Leggera Coloreto for the time period provided for and in compliance with the applicable laws currently into force.
Any use of the Customer’s data for purposes other than the purchase shall be subject to the relevant Customer’s prior and express consent pursuant to the conditions set forth in the “Privacy statement” published on the Website.
3.9 The Customer is aware that he/she is responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase.
4. CONCLUSION OF CONTRACT
4.1 Upon confirmation of the Order, the Order is submitted to Super Leggera Coloreto for processing and cannot be further modified or cancelled.
The Order placed by the Customer shall only be processed by Super Leggera Coloreto if the entire purchasing process has been duly completed, without any error being reported by the Website.
After placing the Order, the Customer will receive without undue delay an e-mail acknowledging that Super Leggera Coloreto has received the Order. However, this does not mean that the Order has been accepted. Super Leggera Coloreto’s acceptance of the Order and the conclusion of the contract will take place as described below in section 4.2.
4.2 The contract by and between Super Leggera Coloreto and the Customer shall be deemed to have been executed as soon as the Customer receives a confirmation email from Super Leggera Coloreto (hereinafter referred to as the “Confirmation Email”).
The Confirmation Email shall be sent to the address indicated by the Customer in the order form and shall set forth the relevant confirmation and a summary of the terms and conditions of the sale, such as: the Product’s description and main features, the total order price, including any shipping costs, the address for complaints, information on after-sale services, on the Customer’s right of withdrawal and its exercise.
4.3 Super Leggera Coloreto reserves the right to not accept the Order placed by a Customer in the following events:
a) Permanent or temporary lack of availability of the necessary materials;
b) there is a dispute between Super Leggera Coloreto and the Customer relating to a previous Order;
c) the Customer breached the General Terms and Conditions of Sale on previous occasions or has not fulfilled his/her obligations arising therefrom;
d) it emerged that the Customer is purchasing the Products in order to resell them or sell them for commercial or professional purposes;
e) the Customer has been involved in, or is suspected of, illegal or fraudulent activities.
In such events, Super Leggera Coloreto shall inform the Customer by email, within 30 (thirty) days from the date of receipt of the Order, of the cancellation of the Order received. In such case, no Order shall be deemed to have been accepted by Super Leggera Coloreto.
In the event of partial unavailability of the Products, before receiving the Confirmation Email the Customer shall be in the position to choose either to receive the only Products available or fully cancel the Order. If the cancellation is only partial, the Customer shall only be charged for the price of the Products actually purchased.
5. PRICE AND METHOD OF PAYMET
5.1 The prices of all Products offered for sale on the Website are inclusive of VAT.
5.2 Prices will be displayed in Euros (EUR), Dollars (USD) and Pounds Sterling (GBP).
5.3 The total amount shown in the cart includes shipping costs.
5.4 Super Leggera Coloreto will not be held responsible for any customs duties in the destination country. The Customer is entirely responsible for these costs.
5.5 The prices shown on the Website and displayed in the Shopping Bag section upon confirmation by the Customer of the Order by pressing the Buy Button shall be charged to the Customer, provided that the Products ordered are available in that moment.
Super Leggera Coloreto reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice.
5.6 Super Leggera Coloreto only accepts credit cards and the other payment methods expressly indicated on the Website.
5.7 For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to the Customer only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by the Customer of the debit authorisation, and (iii) Super Leggera Coloreto’s confirmation that the product is available and, in any event, after the Order is ready to be processed.
No amount will be charged at the time of submission of the Order.
5.8 For the purposes of payment through other payment service providers, the Customer confirms and warrants that he/she is the owner of the account used for the purchase.
Customers shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from Super Leggera Coloreto.
5.9 The purchased Products shall only be shipped after due payment of the amount owed by the Customer.
In the event the Customer cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and the Customer shall be subsequently notified accordingly.
5.10 In the event one or more Products are unavailable and the Customer has decided not to fully cancel the order, he/she shall only be charged the price of the available Products and the possible related shipping costs.
6. DELIVERY
6.1 The Products shall be delivered to the address indicated by the Customer in the Order. The Customer’s signature shall be requested upon delivery of the Products.
6.2 For security reasons, Super Leggera Coloreto shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
6.3 In the event the shipping cost will be charged to the Customer, these will be shown separately from the other cost at the end of process Order and before pressing Buy button by the Customer.
6.4 Super Leggera Coloreto will endeavour to deliver the ordered Product in the shortest amount of time possible.
Anywhere from four to eight working weeks may be required for personalised Products, depending on the availability of materials. Super Leggera Coloreto will inform the Customer of expected delivery times in the Confirmation Email once the order has been accepted.
In the case of non-personalised products, the maximum deadline by which Super Leggera Coloreto must deliver purchased Products, except in cases of force majeure or fortuitous events, is 30 (thirty) days from the date that the order is accepted.
For more information on estimated shipping times, Customers can send an e-mail to the following address: client.service@pavonivaganti.com
6.5 In the event Super Leggera Coloreto does not deliver the Products ordered within the above term, the Customer shall request that Super Leggera Coloreto delivers such Products within an additional term adequate to the circumstances, in accordance with the applicable laws currently into force.
The Customer shall in any event have the right to immediately terminate the contract if the Product ordered is not delivered within the additional term specified.
6.6 Super Leggera Coloreto reserves the right to split an order into multiple shipments, according to the availability of the Products. In this case, Super Leggera Coloreto shall inform the Customer by email and may either charge the Customer for the Products as and when these are shipped or as a single payment.
6.7 As soon as the purchased Product is shipped, the Customer shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code and an exclusive link that will allow the Customer to real-time monitor the delivery.
Super Leggera Coloreto’s Customer Service shall provide the assistance required for any potential problem relating to the delivery. Customers may contact Super Leggera Coloreto’s Customer Service by email at: client.service@pavonivaganti.com
6.8 The Customer shall bear the risk of loss or damage to the Products from the moment in which he/she, or a third party appointed by the Customer and other than the carrier, physically takes possession of such Products.
In the event, on the other hand, the loss or damage to the Product occurs prior to the physical delivery to the Customer or a third party appointed by the Customer, Super Leggera Coloreto shall refund the Customer any amounts already paid.
7. SPECIAL CONDITIONS FOR RUSSIA
7.1 The conditions indicated in Article 7 apply exclusively to the shipment of Products to Russia.
7.2 We only ship Products to Russia if orders are received from users who live in Russia and who connect to the site using a Russian IP address.
7.3 Orders will only be processed once we approve the customs duties payment details provided by the Customer.
7.4 Some Products, including those subject to C.I.T.E.S regulations, such as vicuña products, and those whose composition include furs or exotic leathers, cannot be shipped to Russia.
7.5 In addition to shipping costs, which will be listed on the check-out page and in the relevant order confirmation information, orders for Russia will be subject to variable customs duties depending on the value of the Products purchased on the website, which are not previously calculable, and which must be paid directly to the courier upon delivery.
For more information on applicable taxes, Customers can contact Super Leggera Coloreto’s Customer Service department by sending an e-mail to: client.service@pavonivaganti.com
8. PRODUCT CONFORMITY
8.1 At the time of delivery, the Customer is required to check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. The sale of Products is subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to the Customer.
8.2 In the event of existence of manufacturing defects or lack of conformity, the Customer shall be entitled to demand that the products conformity be restored either through fixing or replacement of the Product, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy. If any of the cases provided for by the law applies, the Customer may request a congruous reduction in price or the termination of the contract and subsequent refund of the purchase price paid. It is understood that the Customer shall lose such right if he/she does not notify to Super Leggera Coloreto the lack of conformity of the Product within 2 (two) months of the date the defect was discovered.
8.3 If we believe that Products that have been returned are not defective or damaged and do not present any issues with compliance, or if we believe that the Products have been damaged due to improper use, Customers will not be entitled to a refund, repair or exchange. In this instance the original Product will be returned to the Customer.
8.4 In order to notify the existence of Product defects and lacks and to demand one of the remedies listed above, Customers may contact Super Leggera Coloreto at the addresses indicated in section 14 below.
9. RETURNS AND REFUNDS – CANCELLATION – PERSONALISED PRODUCTS
9.1 In the case of personalised Products, according to Legislative Decree No. 21, dated 21 February 2014, and with regard to the implementation of the Directive of the European Parliament 2011/83/EU dated 25 October 2011 on consumer rights, Super Leggera Coloreto reserves the right to not grant the right to cancel an order, pursuant to Article 59, Paragraph 1, Subparagraph C, which declares that “The right to cancel […] for distance contracts and contracts negotiated away from a business premises are excluded in relation to: […] c) the supply of tailor-made or clearly personalised Products.”
10. RETURNS AND REFUNDS – CANCELLATIONS – NON-PERSONALISED PRODUCTS
10.1 In the case of non-personalised Products, the Customer has the right to cancel their purchase for any reason. To exercise this right, Customers must send an email to: client.service@pavonivaganti.com within 10 working days of the date of delivery of the Product, requesting authorisation to return said Product.
10.2 The right to cancel is subject to the following conditions: The purchased Products must be intact and returned in their original packaging, including all parts. Delivery, until we certify receipt at our warehouse, is the Customer’s responsibility. Super Leggera Coloreto is not responsible in any way for the damage or the theft/loss of Products returned via uninsured shipments.
10.3 Products must be returned within 10 days, accompanied by an authorisation form.
10.4 Super Leggera Coloreto will reimburse Customers with any amount that has already been paid for net Product, excluding customs fees, in the shortest amount of time possible and, in all cases, within 30 days of the return of the Product. Refunds will be made by transferring the amount as credit or by bank transfer. In the latter case, the Customer must promptly provide their bank details in order to obtain a refund (Customer IBAN code required).
10.5 The Customer’s right to cancel is forfeited due to the lack of the appropriate condition or integrity of the Product (packaging and/or its content) and in cases in which Super Leggera Coloreto establishes partial use of the Product or any consumables, the lack of external packaging and/or original internal packaging, damage to the Product for reasons other than transportation.
11. LIMITATION OF LIABILITY
11.1 Except in the event of wilful misconduct or gross negligence, Super Leggera Coloreto shall in no way be liable vis-à-vis the Customer for any indirect or consequential damages that may arise from the purchase of the Products offered for sale on the Website.
12. PRODUCT AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
12.1 Super Leggera Coloreto warrants the authenticity and high quality of all the Products offered for sale on the Website.
12.2 The “Pavoni Vaganti” trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the “Pavoni Vaganti” products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of the Super Leggera Coloreto. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
12.3 The illustrations on the Website are created by the architect Laura Savelli.
13. DISPUTES
13.1 The General Terms and Conditions of Sale hereof are governed by Italian law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the Customer applicable in the country of habitual residence of the Customer.
13.2 In the event of a dispute deriving from the interpretation and/or application of these General Conditions of Sale, the Court of Pesaro will have exclusive and mandatory jurisdiction.
13.3 No party other than Super Leggera Coloreto and the Customer has the right to enforce any terms of the contract.
14. CONTACT DETAILS
14.1 For any complaint, additional information or assistance relating to the Website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale hereof, Customers may send an email to the following address: client.service@pavonivaganti.com or contact the E-commerce Client Service, Super Leggera Coloreto srl, Via Della Costituzione 10, Fano, 61032 (PU), Italy.
Last updated: February 28, 2018