terms and conditions
These general conditions of use and sale (hereinafter, the "Conditions of Use and Sale") govern - on the one hand - the conditions of sale of goods and services (hereinafter, respectively, the "Products" and "Services ”) offered by Parmegiani Srl through the website www.Parmax.it (hereinafter, the “Website”).
Parmax is a web platform for the online sale of products and services offered.
The selling party is Parmegiani Srl – hereinafter, “Parmax” – (Tax code and VAT number IT03357990542), an Italian company with registered office in Corso Garibaldi 29, 06049 Spoleto (PG)
NAVIGATION ON THE WEBSITE
Anyone who browses the Website without registering or authenticating is considered a user (hereinafter, “User”). By accepting these Conditions of Use and Sale, the User consents to the registration by Parmax of his personal data in the "Web Users" file, and thus acquires the status of "Customer" of Parmax.
The Customer or User who accesses the Website and/or purchases Products and Services through the Website accepts and is bound by the Conditions of Use and Sale as they appear at the time they access the Website.
All Customers or Users who access the Website must be over the age of sixteen and have sufficient legal capacity to enter into contracts.
These cookies are restored every time the Customer accesses the Website and have an approximate duration of one month. Even so and as a security measure, if the Customer tries to access private and sensitive sections, such as "My Account" 30 minutes after the start of the session, Parmax will request identification to be able to access said sections. If the Customer does not wish to keep his session open, he can close it by clicking on "log out" in the menu at the top right of the Website, at any time.
Parmax operates through the Website exclusively throughout the Italian territory (with the exception of the cities of Livigno and Campione d'Italia and the territory of the Republic of San Marino) (hereinafter, the "Territory"). Parmax distributes the Products exclusively within the Territory.
INFORMATION ABOUT PRODUCTS AND SERVICES
The descriptions of the Products and Services offered on the Website are created on the basis of the information and documents made available by Parmax's suppliers and collaborators.
The photographs, graphic or iconographic representations and videos relating to the Products and Services, as well as the commercial names, distinctive signs of any nature contained in the Website, are intended to provide as much information as possible to the Customer.
In the event that, due to circumstances of force majeure or for reasons attributable to Parmax, the Product or Service is not available after the purchase has been made, Parmax will inform the Customer by email of the total or, where applicable, partial cancellation of the order. In case of total cancellation, the total amount of the order will be refunded, while in case of partial cancellation, only the price of the unavailable Products or Services will be refunded.
The prices of the Products offered through the Website include VAT and any other applicable taxes. However, these prices do not include shipping costs for the Products. They are indicated in detail during the payment procedure and must be accepted by the Customer at the time of ordering.
Parmax reserves the right to make changes to its prices at any time. The Products will be invoiced at the price in effect at the time the order is placed.
PURCHASE OF PRODUCTS AND FORMALIZATION OF ORDERS
The purchase of Products by the Customer through the Website must be carried out by following the procedure indicated therein.
Parmax will send, within twenty-four (24) hours, an email confirming receipt of the order and purchase made. The order of Products and, consequently, the purchase of Products will be considered formalized and completed upon receipt of payment by Parmax.
PAYMENT FOR PRODUCTS
The Customer must make the payment by credit or debit card Visa, Mastercard, Visa Electron and/or other similar cards, or through the PayPal system. The document proving the purchase corresponding to the order of the Products will be available and can be viewed in the Section: "My account >My orders". From this Section the Customer can also download the invoice relating to the order. The financial institution issuing the card with which the payment is made must be an Italian bank or savings bank, or an Italian branch or branch of a foreign financial entity.
The Customer must communicate to Parmax, by email, any undue or fraudulent charge on the card used for purchases on the Website, as quickly as possible, in order to allow Parmax to implement the procedures it deems appropriate.
Parmax uses the highest security measures commercially available in the sector. Furthermore, the payment procedure takes place on a secure server that uses the SSL (Secure Socket Layer) protocol. The secure server establishes a connection that allows the transmission of information encrypted using 128 bit algorithms, which ensure that it is intelligible only to the Customer's computer and that of the Website. In this way, using the SSL protocol guarantees:
- (i) That the Customer is communicating his data to Parmax's central server and to no one else.
- (ii) That between the Customer and the central Parmax server the data is transmitted in encrypted form, avoiding the
possible reading or manipulation by third parties.
Furthermore, Parmax declares that it does not have access to and does not record sensitive data relating to the payment method used by the Customer. Only the entity processing the payment has access to this data, for payment and collection management purposes. Once the purchase procedure has been completed, a printable electronic document is generated by the Customer with which the contract is formalized and it is archived in the Section: "My account > My orders".
Parmax has implemented a program to detect possible fraudulent transactions and reserves the right to request additional information, confirmations and/or documents from Customers, even after they have made one or more purchases on the Website, via telephone call or email message. addressed to the number or account indicated by the Customer himself, in order to receive confirmation that the Customer has actually made and authorized said purchase/s and/or that the delivery or return of the same has taken place correctly, thus definitively authorizing the/ and corresponding transaction(s). In this context, by way of example and not as a limitation, Parmax may request telephone confirmation of the Customer's identity, or request: (a) a written confirmation or authorization signed by the Customer responsible for the relevant purchase(s); and (b) copy of the valid identity document bearing the photograph of the Customer, to confirm his identity. Parmax is required to store such information and documents with the highest security measures at its disposal, in accordance with the provisions of the Law in force on the Protection of Personal Data.
In the event that the Customer does not confirm his identity or does not send Parmax the requested documentation and information within 48 hours from the telephone request or from the sending of the e-mail message, the transaction/s referred to in said communication and the corresponding order(s) may be automatically canceled without the need for subsequent notice, and Parmax will automatically refund the amount(s) paid by the Customer for said purchase(s). the.
This procedure has the aim of guaranteeing the safety of Parmax's Customers, therefore the Customer, by accepting these Conditions of Use and Sale, agrees to submit to the aforementioned procedure for detecting possible fraudulent operations, relieving Parmax from any responsibility in this regard, and to in the same way authorizes Parmax to use - for future transactions carried out by the Customer itself - the information and additional documents that the Customer has provided in accordance with the provisions above.
“If you buy with Afterpay you receive your order immediately and pay in 3/4 instalments. You acknowledge that the installments will be transferred to Incremento SPV Srl, related parties and their transferees, and that you authorize such transfer.”
CANCELLATION OF ORDERS
Cancellations of orders will not be accepted if the order is in preparation. In the cases indicated above, the Customer may exercise the right of withdrawal by returning the Products once they have been delivered.
Parmax reserves the right to cancel an order in the cases and in compliance with the terms and conditions set out in the Section: “Payment for Products” of these Conditions of Use and Sale.
Parmax undertakes to deliver the Product in perfect condition to the address indicated by the Customer which, in any case, must be within the Italian territory. Delivery will normally be made at street level. In order to optimize the delivery process, the address indicated by the Customer must be an address where delivery can be made during normal working hours.
If the Customer (or authorized person) is not present at the time of delivery of the Product to the address indicated, the transport company will make a second delivery attempt the following day. If the Customer (or authorized person) is not present for this second attempt too, the shipment will be placed in storage at the nearest logistics warehouse owned by the transport company. Once the terms indicated from the date of the notice have elapsed (which in no case will be less than seven (7) calendar days), the Customer will not have contacted Parmax to agree on a new delivery date, the Products will be returned to the warehouses of Parmax and the Customer will have to bear the shipping and return costs.
Parmax will not be responsible for errors or damages caused upon delivery if the address indicated by the Customer does not correspond to the delivery location desired by the Customer.
If an order includes multiple Products, Parmax may deliver such Products in various stages and on different dates, in compliance with the delivery deadline communicated pursuant to the following paragraph (ii).
In the event that, upon receiving the ordered Products, the Customer notices that the packaging is ruined or, once the packaging has been opened, that the Products are damaged during transport, or different from those ordered or, again, that related Products are missing to the same order, the Customer must notify Parmax within 5 calendar days of delivery.
(ii) Delivery terms
Parmax will inform the Customer of the delivery deadline before the conclusion of the purchase procedure.
Parmax does not deliver Products on Saturdays, Sundays, during national, regional and local holidays.
Parmax will inform the Customer, by sending an email to his email address, of the departure date of the Products from Parmax's warehouses and the contact details of the transport company that will carry out the delivery.
If 20 calendar days have elapsed from the agreed delivery deadline without the Customer notifying Parmax that he has not received the Products, it will be deemed that the Customer has correctly received said Products.
Delivery is considered to have been made from the moment the Product is made available to the Customer at the delivery location indicated by the Customer or at the corresponding collection point.
The risk of the Products (among others, loss, compromise or theft) passes to the Customer from the moment the Products are made available to the Customer at the place of delivery.
INTELLECTUAL AND INDUSTRIAL PROPERTY
“Parmax” is a trademark registered at the Trademark and Patent Office…, therefore any use by third parties of the same or of any similar identifying sign that may generate confusion as to origin or ownership is expressly prohibited, without prior written authorization of [UG2] Srl
The websites “www.Parmax.com” and “www.Parmax.it” are domains registered by Parmegiani Srl. These domains and the “Parmax” trademark cannot be used without the prior explicit and written authorization of the owner, in relation to other Products or Services that are not Parmax's, in such a way as to cause confusion among our Customers or discredit Parmax and its related companies.
Parmax owns all rights to the content, design and source code of the Website including, but not limited to, photographs, images, text, logos, designs, trademarks, trade names and data contained in the Website.
The content of this Website is also considered computer software and, consequently, the Italian and European Community legislation in force on the matter also applies to it.
Total or partial reproduction of the Website is expressly prohibited, including via hyperlink, as well as any part of the content without the prior explicit and written authorization of Parmax.
Copying, reproduction, adaptation, modification, distribution, marketing, public communication and/or any other action that involves a violation of current Italian legislation and/or international regulations regarding property rights are also absolutely prohibited. intellectual and/or industrial, as well as the use of the contents of the site without the prior explicit and written authorization of Parmax.
Parmax informs that it does not grant any explicit or implicit license or authorization on intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents present on the Website.
Parmax assumes no liability arising from, by way of example and without limitation:
- a) from the use that Customers or Users may make of the materials of the Website or of the sites indicated through links, whether prohibited or not, in violation of the intellectual and/or industrial property rights of the contents of the Website or of third parties ;
- b) from any damage and prejudice caused to Customers or Users as a result of normal or anomalous use of the search tools, the organization or localization of the contents and/or access to the Website and, in general, errors or problems caused in the development or implementation of the technical elements that the Website or a program may make available to the Client or User;
- c) from the contents of the pages that Customers or Users can access via links included on the Website, whether authorized or not;
- d) by the acts or omissions of third parties, regardless of whether such third parties may be contractually bound to Parmax;
- e) from access by minors to the contents present on the Website, it being the duty of parents or guardians to exercise adequate control over the activities of their children or minors entrusted to them or to install tools to control the use of the Internet for the purpose of avoid access to materials or contents unsuitable for minors, as well as the sending of personal data without the prior authorization of parents or guardians;
- f) from errors or delays in accessing the Website by the Customer when entering their data in the purchase procedure, from the slowness or impossibility of receiving the Customer's order confirmation or from any anomaly that may occur when such events are due to Internet network problems, fortuitous circumstances or force majeure, or to any other unforeseeable event independent of Parmax's good faith;
- g) from defects or problems that may occur in communications, cancellation or incomplete transmissions, which is why it is not guaranteed that the Website services are constantly operational;
- h) errors or damage caused to the Website by inefficient and bad faith use of the service by the Customer or User;
- i) failure to operate or problems relating to the email address provided by the Customer for sending the order confirmation.
Parmax undertakes to resolve any problems that may arise and to offer all the necessary assistance to the Customer to arrive at a rapid and satisfactory solution to the inconveniences that may occur on the Website.
Parmax also has the right to carry out, at defined intervals, promotional campaigns to encourage the registration of new members on its service. Parmax reserves the right, always in compliance with the applicable legislation, to modify the conditions applicable to the promotions, to extend them after due communication, or to proceed with the exclusion of any participant in them in the event of anomalies, abuses or unethical behavior in participation of the same (such as fraudulent activity).
In the event that any clause of these Conditions of Use and Sale is declared invalid, the other clauses will remain in force and must be interpreted taking into account the will of the parties and the purpose of these Conditions of Use and Sale.
Failure by Parmax to exercise any right deriving from these Conditions of Use and Sale shall not be construed as a waiver of such right, except in the case of explicit and written waiver by Parmax or prescription of the action, to depending on the case.
MODIFICATION OF THE CONDITIONS OF USE AND SALE
Parmax reserves the right to modify, at any time, the layout and configuration of the Website, as well as the Conditions of Use and Sale and the Privacy Policies and Cookies Policy.
Any modification that involves updating the information due (to Users or Customers) or that involves the collection of consent, will be communicated according to the contact channels acquired in order to update the information due or to acquire consent, where applicable.
If in the future the acquisition of consent becomes necessary, depending on a different use of the personal data obtained or also as a result of the evolution or interpretation of the rules governing privacy matters, Parmax will communicate the need according to the contact channels, updating the information and allowing the appropriate provision of consent.
Customers and Users will always have these Conditions of Use and Sale available on a visible site, with free access for any consultation they wish to carry out. Every time they access the Website, Customers and Users must carefully read these Conditions of Use and Sale. In any case, acceptance of the Conditions of Use and Sale, in force at all times, constitutes a preliminary and indispensable step for requesting any Product or Service available through the Website.
COMMUNICATIONS BETWEEN PARMAX AND THE CUSTOMER
All communications sent by Parmax to the Customer relating to these Conditions of Use and Sale or the purchase of Products and Services through the Website will be in writing through the Section: "Contacts" and in accordance with the communication procedures established in these Conditions of sale and use for each particular case.
In addition to the Section: "Contacts", Parmax also provides the Customer with the support email address email@example.com .
In the remaining cases not explicitly regulated by these Conditions of Use and Sale, the communications that the Customer intends to send to Parmax must be addressed to the Parmax address indicated in the previous clause 1 and be in writing, using a system that allows Parmax to confirm contents and receipt (recommended with return receipt).
COMPLETENESS OF THE CONDITIONS OF USE AND SALE
These Conditions of Use and Sale and the contract documenting the purchase by the Customer of the Products or Services constitute the sole and explicit will of Parmax and the Customer in relation to the subject matter thereof and cancel and replace any other agreement or contract, in verbal or written form, previously concluded between the parties. Any changes to these Conditions of Use and Sale or to the contract documenting the purchase of the Products or Services must be made in writing and by mutual agreement between Parmax and the Customer.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
Parmax and the Customer may freely assign and/or transmit, at any time and in accordance with applicable legislation, the rights and obligations relating to these Conditions of Use and Sale or the purchase of Products and/or Services through the Website . The party assigning its rights has the obligation to communicate this to the other, indicating the identity of the person/entity to whom these rights and obligations have been assigned. This communication must be in writing and by a means that guarantees its receipt.
APPLICABLE LAW AND JURISDICTION
These Conditions of Use and Sale are governed by Italian law.
In the event of controversies or disputes arising from the purchase of Products and/or Services through the Website and/or from these Conditions of Use and Sale and for the resolution of any conflict, the parties are subject to the jurisdiction of the court of the city where the Customer or User has his own residence or domicile.
The European Commission also provides consumers with online dispute resolution the EU platform to resolve disputes amicably (Article 14(1) of Regulation (EU) 524/2013), accessible on the website http://ec.europa.eu /odr.