Article 1 – Object
Present General Conditions of Sale (afterwards mentioned as GCS) have the goal, from one side, to inform every potential purchaser on conditions and terms to which the seller (afterwards mentioned as PF or Seller) sales and delivers the ordered products and, on the other side, to define obligations and rights of parties with reference to the sale of products by PF to the user (before and afterwards called Purchaser).GCS apply with no limitation and no condition to every sale of products offered by PF on its internet site www.ozootech.com (afterwards mentioned as Site or Internet Site).Present GCS must be thoroughly examined by the Purchaser before completing the purchasing procedure of products and/or services through the Internet Site. Present GCS can be printed or saved by every subject who visit the Internet Site. An order sent by a Purchaser for a product and/or a service offered on PF’s Site is submitted to the total unconditioned acceptance of present GCS and the General Conditions of Use of the Internet Site. PF reserves the right to modify in whatever moment present GCS, In any case GCS which apply to an order are those accepted by the Purchaser at the moment of ordering. Present GCS are a fundamental part of the Site www.ozootech.com which can be read and downloaded in whatever moment in the section Term and Conditions of the Site.
Article 2 – Information on the Seller
Company: PF srl
Via Nicolò Paganini, 7
46027 San Benedetto Po MN
Registration N.MN- 178526/96
Article 3 – Contract and delivery of orders
Product prices. The prices of the products on sale on PF’s Internet Site are expressed in Euro and they are those which apply when the order is sent by the Purchaser. PF reserves the right to modify sales prices in whatever moment and without any prior notice – The Purchaser will be advised before despatching the goods. The prices which are on the Internet Site apply to the context of Internet sale and could be different from the retail ones applied by PF on a territory. The prices of the products include VAT (the one applicable at the moment of the order). Any change of VAT percentage will be immediately applied to the sale price on the Site.
The prices include delivery costs with an exception for EU or Extra EU deliveries where delivery costs will be added to the cost of the product. These costs are described in the Site and they can be changed by PF in every moment. The changes will not apply to already received and confirmed orders. PF invites the Purchaser to regularly read the General Conditions of Sale.
3.2 Product characteristics
The Purchaser can select one or more products available on PF’s Site.
PF can change in every moment the product assortment offered on sale in their Internet Site, especially if concerning their suppliers and/or information related to them such as prices, description or availability of product itself without any obligation to prior notice. PF will never change price, availability or description of any product following to the acceptance of the order confirmed to the Purchaser. Before sending the order the Purchaser can read in PF’s Site all information concerning the Legislative Decree no. 206 date September 6, 2005 (Consumer Code) such as, and merely as example and not exhaustive, all information concerning the Seller, the price including taxes and/or delivery costs, main product characteristics he wants to buy together with all compulsory information foreseen by the Italian Law. All products on sale respect applicable Italian legislation at the moment of placing the order. PF cannot be responsible of not conformity to legislation in the country in which the Purchaser wants the product to be delivered to. The Purchaser shall verify with local authorities all import rules and/or way of use for the products or services he wants to order. PF cannot guarantee that information on products and packaging are going to be translated in all languages of the European Community- All information will be available in Italian and English on the Site.
For any question concerning the products and their use, for any further question or consulting the Purchaser can take contact with PF team by sending an e-mail to firstname.lastname@example.org
3.3 Availability of products
All offers present on PF’s Site are valid all along the period they are published on the Site and within the limits of available stock. In any case, if there is a shortage of product the Purchaser will be immediately advised per e-mail of the lack of the product as well as of the different delivery time.
3.4 Order for products
Every order sent by the Purchaser implies the acceptance of legal and privacy information. PF reserves the right to hold or cancel the processing or the delivery in case of not payment or partial payment of an amount due by Purchaser originated by fraud or fraudulent efforts towards PF’s Site also in reference to previous orders
In case of refusal to process the order, PF will inform the Purchaser within 30 working days from the date of the order the impossibility to accept the order. The Purchaser can verify all details of his order and amend it before sending it. Once the Purchaser confirms the order by clicking on “Order Confirmation”, the Purchaser declares having accepted the content and the order conditions and, particularly, the present GCS, the prices, the volumes, the characteristics and the delivery time of the products on sale and ordered by the Purchaser.
The sale will be fulfilled only after PF’s order acceptance.
PF will have the right to collect the total amount of the order:
– for payment through Credit Card
– for payment through other payment systems which will be described at point 4.1
PF advises the Purchaser to electronically save or print all e-mails received by PF. The Purchaser is advised that all e-mails will be addressed to the inserted e-mail address written by the Purchaser during the Account Registration. PF will not be responsible for invalid inserted address and/or not receipt of the Order Confirmation for reasons not directly under PF’s responsibility. If this is the case, the sale will be processed. The Purchaser will have, in any case, the right of withdrawal according to Article 6 of the present GCS.
Article 4 – Payment
4.1 Way of payment
The Purchaser guarantees to PF that he has all necessary authorisations to use the way of payment chosen for his order when sending the order itself.
4.1.1 Credit Cards
Accepted credit cards on PF’s site and by PF’s Customer service are the following: Visa, American Express and Master Card. These credit cards must be issued by a bank or financing institute having their seat within the European Community or Monaco
If the Purchaser has a Pay Pal account he can choose this way of payment. In this case the Purchaser will be re-addressed to PayPal site in order to proceed to the payment.
4.2 How to pay
Payment can be effectuated by the Purchaser on line when ordering trough credit card, PayPal or bank transfer. All orders are payable in Euro, taxes and compulsory rights included. In case some bank expenses will arise these will totally be charged to the Purchaser. PF holds the right to stop or cancel, to its own discretion and in whatever moment the execution and/or the delivery of the ordered goods in case of non-payment or partial payment of any amount charged to the Purchaser, in case of fraud, essay of fraud through the use of PF’s site also with reference to previous orders.
Article 5 – Delivery of Products
5.1 General Rules
The products ordered by the Purchaser according to the present GCS will be delivered to the address indicated by the Purchaser as Delivery Address on the Order Form (Delivery Address) always after having received the payment. PF delivers in Italy, in all European Countries including Monaco and also in Non EU Countries. Invoices will be sent by e-mail to the e-mail address indicated when registering on the Site.
5.2 Means of shipment
5.2.1 Means of shipment for Italy
Delivery takes place through GLS
A responsible of the company GLS will deliver the goods to the Purchaser or to the Consignee of the order and he will ask to sign an electronic consignment receipt. This electronic receipt will be the consignment proof of PF and the receipt proof of the Purchaser or of the Consignee of the order. Deliveries will take place in 4-5 working days (from Monday to Friday). In case of absence of the Purchaser or of the Consignee an advise of attempted delivery will be left. They can take contact with the courier to the address and numbers indicated on the advise in order to organize a new delivery.
In the case in which the Purchaser does not take contact with the courier, GLS will try to deliver a second time during the following two working days after the first attempt. In the case in which after the second two attempts the delivery cannot take place the Purchaser or the Consignee will receive an advise in which of GLS’ warehouses the parcel will be hold for ten working days. The Purchaser or the Consignee can pick up the parcel directly at GLS’ warehouse. After this period the parcel will be returned to PF but the Purchaser will not be reimbursed. It is not possible to rise any dispute concerning the delivery itself in the case in which the parcel has been delivered. For this the electronic consignment proof of the courier (flashage) is valid.
5.2.2 Means of shipment to other countries
Delivery takes place through GLS
The parcel containing the ordered and already paid products will be delivered to the address given by the Purchaser when ordering according to the same delivery system as in Italy.
5.3 Defects, non conformity and damages to the products
5.3.1 General Dispositions
The Purchaser or the Consignee are invited to check the state of the parcel and of the products at the moment of the delivery.
In case of parcel anomalies (opened or damaged parcel, liquid stains a.s.o.) and/of the ordered products (lacking pieces, faulty or damaged) , the Purchaser or the Consignee of the order will return the goods to PF according to the articles 5.3.2 and 5.3.3 of the present GCS.The failure to comply with the procedure excludes whatever appeal against the transport company and/or PF including the Order reimbursement and/or a new products delivery.The Purchaser or the Consignee can, as alternative, send an e-mail or call PF to know how to send back the damaged, faulty and/or not correct products. The procedure to send back damaged, faulty and/or not correct goods which will be indicated by PF must be followed by the Purchaser otherwise this will be not entitled to any reimbursement or substitution of the products.
5.3.2 Proceedings to be followed in the case in which there is a clear damage of the parcel and return of the same to PF:
– Delivery through GLS:
• In case of damage found out at the presence of a GLS responsible:
Reject delivery and write all the problems concerning the fault in a very detailed and clear manner. These lacks shall be indicated by the Purchaser or the Consignee on the special coupon of the Company GLS.
The Customer or Consignee must inform the rejection to PF at the number (+393395660956 +393395660956 FREE MOBILE NUMBER) from Monday to Friday from 9 a.m. to 8 p.m.
• In case of fault found without the responsible of GLS:
Inform of damages or lacks and explain any reclamation to PF’s Customer Service at the number (+393395660956 +393395660956 FREE MOBILE NUMBER) from Monday to Friday from 9 a.m. to 8 p.m. within 3 (three) working days.
5.3.3 Proceedings which must be compulsory followed in case of lacking, damaged or faulty products:
The Purchaser or the Consignee shall inform the lack, fault or no conformity of ordered goods to PF’s Customer Service at the number +393395660956 +393395660956 FREE MOBILE NUMBER) from Monday to Friday from 9 a.m. to 8 p.m. PF’s Customer Service can ask information concerning the Purchaser’s or Consignee’s Identity and carry out every control they repute as necessary. PF’s Customer Service will inform the Purchaser or the Consignee about the proceeding to return the damaged or faulty product and how to receive the lacking goods.
Once the products have been returned, PF will check that they are really damaged, faulty or not comply with the description given on the Internet Site. In the case in which the control is positive, according to what foreseen by Article 130 and following of the Consumer’s Code PF will substitute the damaged, faulty or not correct product and will send it to the Purchaser in the shortest possible time and in any case within 30 (thirty) working days from products receipt. Delivery costs will be completely at PF’s charge. In the case in which PF will not be in the position to substitute the product within this period of time, they will immediately inform the Purchaser per e-mail to the e-mail address provided during the registration and will reimburse to the Purchaser the cost of the product and the return delivery costs when the Purchaser can give a proof of the amount paid. The price refund will be carried out by PF, using the payment way they prefer, in the shortest time and anyhow within 30 (thirty) working days from the date of the products receipt date. In the case in which, after having examined the returned products, PF will reasonably consider that the products cannot be considered damaged, faulty or not as described on the Internet Site, the Purchaser will not be entitled to any reimbursement and the products will not returned any longer..
5.4 Time and delivery costs
Delivery time for delivered product in Italy (through GLS) are between 3-5 working days according to the Italian Calendar. For deliveries to the Islands Sicily and Sardinia delivery time can be lengthen by 1-2 working days according to the Italian calendar. Delivery time always starts from the receipt of Purchaser’s payment by PF.
In the case of a delay which can be completely ascribed to PF or to the transport company, PF will reimburse all already paid amounts by the Purchaser and already received by PF for the order in question under the condition that the order is returned from Purchaser to PF. Reimbursement will be according the Purchaser’s chosen way in shortest possible time and in any case within 30 (thirty) working days from the date in which the Purchaser exerts his right for the cancellation of the order.
In the case in which the order is not completely returned and in the original conditions and the delay is not exclusively due to PF or the transporter, the Purchaser cannot claim any reimbursement for the paid amounts, nor a new delivery of ordered goods if he does not demonstrate with any possible mean of not being the cause of delayed delivery.
Article 6 – Rights and withdrawal terms
6.1. Rights and terms to execute the withdrawal clause
6.1.1. Term to execute the withdrawal clause
According to the Article 64 of the Italian Consumer Code, the Purchaser can, within the time of 10 (ten) working days from the date of receipt of the parcel containing the ordered goods withdraw from the purchasing contract without any penalty and without any reason.
6.1.2. How to execute the withdrawal clause.
How to execute the withdrawal Clause is written in article 6.3 of the present GCS.
6.1.3. Effects by executing the withdrawal Clause.
The Purchaser by executing the withdrawal Clause according to present article and within the terms and conditions herewith expressed for the return of goods can obtain, according to his choice:
– Reimbursement of the already paid amount for the already returned goods through money transfer on an account or in a differ way.
– A credit for the amount equivalent to the cost of the returned goods which can be used only on the PF’s Internet Site.
According to article 67, section 3 of the Italian Consumer Code, all return costs will be at Purchaser’s charge.
6.2. How to execute the withdrawal clause
In case of withdrawal according to article 6.1, the Purchaser can return goods the ordered goods sending them per post to the address indicated in Article 6.3.3. of the present GSC.
6.3.1. General dispositions applicable to whatever return (directly or per post)
The products must be returned to PF in their substantial integrity, with their original packaging, eventual other delivered accessories or instruction for use and what else delivered together.
6.3.2. Returns per post
With the exception of the Article 6.3.1 of the present GSC, the Purchaser or the Consignee of the order who wants to execute the withdrawal clause shall follow the following instructions:
– Use the original packaging for the return of the products objet of the withdrawal clause
– Send the parcel or registered communication with receipt to the following address:
All’attenzione del Servizio Resi PF srl
Via Nicolò Paganini, 7
46027 San Benedetto Po MN
PF only accept correctly addresses parcels or registered mail.
All risks connected with the return of goods will be exclusively at Purchaser’s and/or Consignee’s risk.
Article 7 – Intellectual Property
PF’s TRADE Mark, all figurative and non figurative marks which are on the Internet Site, images, illustrations and logos and whatever content found on the Internet Site (there included without any limitation present General Conditions of Sale) are exclusive property of PF and/or respective intellectual property rights-holders on the same. Complete or partial reproduction, change or use of the Trademarks and logos or whatever content of the Internet Site, for whatever reason and with whatever mean, without PF’s or intellectual property rights-holders express written authorisation to use is strictly forbidden.
Article 8 – Signature and proof
PF works to protect personal information of their Purchasers assuring a high protection level but Purchaser too has an important role in protection of his personal data. Particularly, the Purchaser must maintain security on his on-line transactions, for example not giving his user name (e-mail address of the Purchaser) and/or his own password and regularly changing the password itself.PF and/or their commercial partners will not be in any way responsible for an improper use and/or disclosure to third parties of access/registration information of the Purchaser.
The payment will be considered as acceptance of the order itself and of the purchase of the products listed in the order form. Electronic registers hold in PF’s informatics systems will be considered proof of all communications, orders and payments among the parties.
Article 9 – Responsibility
9.1. Ability to contract
The Purchaser declares having full ability in acting and to sign a purchasing contract for products and/or services on the Internet Site according to the Present GSC. PF will never be asked to verify the capability of acting of visitors and potential buyers on PF’s Internet Site. In the case in which a person not having the necessary capability to act (for example an underage) orders product on PF’s internet Site, taking into consideration the legal responsibility of parents or legal tutors for the order and consequent payment, PF can refuse to accept the order.
9.2. Limitation of Responsibility
PF will not in any way responsible for eventual violation of the present General Conditions of Sale even if they could be foreseen and due to a third party, to the Purchaser or for an event of Force Majeure or other events which cannot be under PF’s direct control.
PF does not grant any warranty either expressed or implicit concerning the integrity, accuracy, timeliness, non violation of third parties’ rights, availability, reliability and completeness of information and contents, and as example information on products, accessories or services which are published on PF’s site and/or suitability to a specific use. PF will not be responsible for any improper use of the product/service by the Purchaser or the Consignee and particularly by the non respect of the instruction for use of the products. PF will not be in any way responsible for possible damages caused by the Purchaser to third parties due to an improper use.
PF DECLINES ANY RESPONSABILITY FOR DIRECT OR INDIRECT DAMAGES, CAN THEY BE FORESEEN OR NOT, WHICH ARE CONSEQUENT AND/OR CONNECTED WITH THE USE OF THE INTERNET SITE BY THE PURCHASER. IN THE HYPOTHESIS IN WHICH THE PF WILL BE CONSIDERED RESPONSIBLE FOR A PREJUDICE SUFFERED BY THE PURCHASER AND ARISING FORM AN ORDER TRANSMISSION THIS RESPONSIBILITY WILL BE LIMITED TO THE AMOUNT OF THE ORDER PAID FROM THE PURCHASER TO.
Nothing in the present GCS excludes or limits PF’s responsibility towards the Purchaser and/or Consignee for fraud, death or personal injuries caused by PF’s negligence, violation of prevision applicable for the Italian Consumer Code or any other responsibility which cannot be excluded or limited by law. Any claim which arise from the Internet Site users, including all Purchasers, towards PF must be arisen within 6(six) months after the event object of the claim itself.
Article 10 – Personal data
PF gathers and treats all Purchaser’s personal data, and in case those of the Consignee of the order, in order to deliver own products and services according to the present General Conditions of Sale.
Article 11 – Modifications
PF holds the right to modify update the General Conditions of Sales without any prior advice. To be informed of the changes Pf suggests to the Purchaser and generally to every users to regularly read the GSC and also the “legal and privacy information” of the Site. The purchase of products on the Internet Site will be submitted to the GSC present on the Site when sending the order. Modifications will not be apllied to already sent and accepted orders..
Article 12 – General Clauses
12.1 Partial Invalidity
Whenever one or more disposition of the present GSC will be declared invalid or non effective because of modification of law or following to a pronunciation of a judicial authority all other parts of the present GSC will be fully valid and effective.
The circumstance that one of the Parties decides not to use a violation of one of the obligation expressed within these GCS, cannot be understood as an abdication to obtain the fulfilment of the obligation for the future.
13.3 Applicable Law and competent jurisdiction
Present General Conditions of Sale are ruled by the Italian Law independently where the products are delivered to.
WHATEVER CONTROVERY CONCERNING THE INTERPRETATION, EXECUTION OR CEASING OF PRESENT GCS AND/OR THE CONTRACT SIGNED BETWEEN THE PURCHASER AND PF WILL BE UNDER THE EXCLUSIVE COMPETENCE OF THE ITALIAN COURTS WHICH ARE COMPETENT ACCORDING TO THE LOCALITY OF PF.
The present GCS as modified will be applied fall along the time the products are offered on Sale on PF’s Internet Site (www.ozootech.com.) and until all legal and contractual warranties are fulfilled.
For any question concerning the tracking of your order or of a return you can contact us from 9 a.m. to 8 p.m. from Monday to Friday at the number +393395660956 +393395660956 FREE Or per e-mail: email@example.com
Versione del 24 novembre 2012