Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
The products on sale at https://www.paganistore.com are sold and invoiced by AUDES GROUP S.R.L., with registered premises at Via IV Novembre, 4, Limena, (PD), fully paid up share capital of €100,000, Padua business register number, tax identification number, and VAT number 04014850285, Economic and Administrative Register number 354902, and certified email address: email@example.com. The owner of the website https://www.paganistore.com through which the Pagani brand Products are sold, is HORACIO PAGANI S.p.A., with registered premises in San Cesario Sul Panaro (MO), at Via dell'Artigianato n. 5, fully paid up share capital of €536,000.00, Modena business register number, tax identification number, and VAT number 02054560368, Economic and Administrative Register number 262102, and certified email address: firstname.lastname@example.org. Therefore, these general conditions of sale apply to all and any purchases of Pagani brand products made through the Store, which is owned by Horacio Pagani SpA and managed by AUDES GROUP S.R.L.
For enquiries and assistance concerning orders, please contact the Customer Service department at the following address:
Direct email: email@example.com.
ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND ENTRY INTO THE AGREEMENT
1.1 The agreement entered into between AUDES Group Srl (hereinafter "AUDES") and the Customer (the individual that makes the purchase through the Store) must be deemed entered into upon acceptance, even if only partial, by AUDES of the order placed by the Customer for the product on sale (Product). In the event that the order is not accepted (i.e. in the event that a Product is not in stock or as a result of an obvious manufacturing defect that prevents the Product being used and sold), AUDES will promptly notify the Customer, refunding the amount paid for the Product at the same time using the same payment method as used by the Customer to make the purchase.
1.2 Upon placing an order in any of the various ways envisaged, using the order form available on the Store website (hereinafter the "Order"), the Customer declares that he or she has read all the information provided thereto during the purchase procedure and accepts these general conditions of sale in full and likewise those conditions concerning entry into the agreement (hereinafter referred to as the "Conditions"). The order sent by the Customer constitutes a contractual proposal.
1.3 These Conditions may be printed or saved on a durable medium, in compliance with the provisions of Art. 12 of Italian Legislative Decree 70/2003 and of Art. 51 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014.
1.4 The Customer accepts and acknowledges that, upon total or partial acceptance of the Order by AUDES, the purchase agreement for the Product is entered into between the Customer and AUDES (in the capacity of retailer) and the company Horacio Pagani S.p.A. and, in general, all the companies owned by the parent company Horacio Pagani S.p.A. are deemed unrelated and in no way responsible or liable for the contractual relationship thus entered into.
1.5 The general conditions may be amended at any time. Any amendments and/or new conditions come into effect at the time they are published on the site. In any case, the user will have the right to apply the general conditions and other contractual and financial terms in force at the time the purchase order is placed.
2.1 The Products on sale, which may be purchased via the procedure set out in these Conditions, are those available on the Store website at the time the Order is placed, as described in the relative information sheets.
2.2 In any case, it is understood that the images accompanying the description of the Product on sale are provided for illustrative purposes only and some of the Product's features may differ, such as colour and size (due, among other things, to the browser and the monitor used to access the Store and view images).
2.3 In order to place an Order, the Customer must complete the appropriate form on the Store website in full and then submit it (after carefully reading the Conditions and checking the features of the product and/or items in question). Where necessary, the Customer must also ask AUDES to issue a sales invoice for the purchase.
2.4 AUDES confirms correct receipt of the Order by sending a reply email to the email address provided by the Customer. This confirmation message, with which the Customer is notified that AUDES has received the Order, will include a summary of the purchase conditions, as required by applicable law, as well as the Order details entered by the Customer, so that the latter can check them and, where necessary, inform AUDES promptly if any changes are needed to rectify incorrect data.
PRICES AND PAYMENT METHODS
3.1 The prices stated on the website include tax and VAT. The Customer is notified in advance, either through the website or in these Conditions, of any amounts due for carriage or payment services.
3.2 The following payment methods are available:
- Credit card payments and alternatives (transactions handled by Shopify Payments)
- Other payment methods: depending on the country selected by the user, Stripe can enable specific geo-localised payment methods for the market in question (for example, for the Dutch market, Ideal is available). These alternative payment methods will be specified and enabled for use at the checkout stage.
DELIVERY AND RELATED EXPENSES
4.1 The Products purchased by the Customer will be processed within the 48 hours following AUDES accepting the Order, at the cost specified on the Store website before the Order was submitted.
Shipments are entrusted to leading national and international couriers, which guarantee quick safe delivery.
4.2 As regards deliveries to countries outside the European Union, any import customs due will be payable by the recipient. The Customer is therefore advised to contact the customs authorities in their country in advance to find out about any import costs and limits.
4.3 The delivery times are approximate only and any delay will not entitle the Customer to refuse the said delivery or to seek compensation or any other indemnity. More specifically, the delivery times provided by the couriers used are set out below:
- Mainland Italy: 1/2 working days after the courier has received the goods;
- Italy (Sicily - Sardinia - Calabria): 2/3 working days after the courier has received the goods;
- Europe (EU countries): 1/2 working days by express air service, 3/5 working days by express road service;
- Europe (Non-EU countries): 1/3 working days by express air service, 3/5 working days by express road service;
- Rest of the world: depending on the destinations, the goods may be delivered within 1 to 5 working days after the courier has received the goods.
4.4 Upon delivery of the Products, the Customer is required to check:
- that the number of parcels delivered tallies with the information stated on the delivery note;
- that the packaging is intact and undamaged, is not wet or has not been tampered with in any way, including the sealing materials (adhesive tape or metal straps).
Any damage to the packaging and/or to the Product must be noted immediately and specifically recorded on the delivery note to be returned to the courier.
Any problems concerning the physical integrity, compliance, or completeness of the Products received must be reported within 14 days of delivery, following the procedures set out in this document.
RIGHT OF TERMINATION/RETURNS
5.1 Pursuant to Article 52 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014, the Customer may terminate the purchase agreement for any reason, without giving reasons and without any penalty, within 14 (fourteen) working days of the date of receipt of the Products. If the Customer has instructed a person to collect the Product on behalf thereof, the Customer's right to terminate the agreement comes into being on the day the Product is delivered to the person designated by the Customer (not including the courier).
5.2 To exercise the right of termination referred to above in Article 5.1, the Customer must send AUDES a notification to that effect, within the terms stated, to the following email address: firstname.lastname@example.org.
5.3 In the event of termination, the Customer must return the Products to AUDES to the following address, doing so at his or her own expense within 14 (fourteen) days of the said termination: AUDES GROUP S.r.l. Via IV Novembre, 4 Limena, Padova 35010.
The Product must be returned intact, with all parts thereof included, and in its original packaging (bags and wrapping), after being kept and used only for as long as necessary to check the type and features of the Product, with normal diligence, without any signs of wear and tear or dirt, in accordance with the following conditions:
- the right of termination applies to the complete Product purchased; the agreement may not be terminated for just part of the purchased Product (e.g. accessories, optionals, etc ...);
- the right of termination does not apply for bespoke, customised, or pre-order items;
- for termination to be possible, the Product must be intact and returned in its original packaging, complete in all parts (including packaging and any documentation and ancillary items: labels, tags, seals, etc ...);
- the Customer will bear the return shipping costs in full;
- until receipt of the goods in the warehouse stated by AUDES has been acknowledged, responsibility for the shipment lies entirely with the Customer;
- in the event of damage to the goods during transport, AUDES will notify the Customer, to allow the latter to make a claim against the courier used and obtain a refund therefor; the Product will then be returned to the Customer and the termination request will be cancelled; AUDES will not be liable in any way for any damage, theft, or loss occurring during or in any in relation to return shipments.
5.4 AUDES will refund the Customer the full amount already paid, net of any additional shipping costs pursuant to Art. 56, Section 2 of Italian Legislative Decree 21/14) within 14 (fourteen) days of termination, by crediting the amount charged back using the same payment method as used by the Customer for the initial transaction (unless agreed otherwise). In any case, the Customer will not incur any costs as a consequence of this refund. AUDES may suspend the refund until receipt of the returned Product or until the Customer proves that he or she has returned the Product in the way required.
5.5 The Customer may not exercise of the right of termination if AUDES finds that:
- the returned item and/or its accessories, and/or its packaging are not intact;
- the item's external packaging and/or original internal packaging is missing;
- integral parts of the item and/or accessories of the item are missing (e.g.. closures, laces, buckles, etc.).
In the event of forfeiture of the right of termination, AUDES will return the Product to the Customer, charging the latter for the shipping costs and, if already refunded, charging the customer for the Product again.
6.1 All Products on sale at https://www.paganistore.com are covered by a 24 (twenty-four) month guarantee against non-compliances, pursuant to Section III of Italian Legislative Decree 206/2005, by AUDES, as the retailer. The statutory manufacturer's guarantee is also effective..
6.2 In the event of receipt of faulty Products or Products which do not comply with the Order placed, the Customer is entitled to have the non-compliance or fault remedied by having the Product repaired and/or replaced at no charge. The Customer can exercise this right if the fault occurs within 24 months of delivery of the Product and the Customer reports the fault within two months of finding it.
6.3 The guarantee for lack of compliance will apply provided that the Product in question has been used properly.
6.4 In the event that, for any reason, AUDES is unable to return a Product repaired or replaced under guarantee to the Customer, or if the repair or replacement were excessively expensive in proportion to the value of the Product, AUDES may reduce the price paid accordingly or refund the entire amount paid upon termination of the agreement.
6.5 In the event that the application of the guarantees involves the return of the Product, the Product must be returned by the Customer in its original packaging, complete in all parts (including packaging and any documentation and accessories supplied).
6.6 In order to exercise the said right, the Customer must specify the fault in the Product in the section of the return form titled "Faulty". In the event of a faulty or non-compliant product, Audes will arrange the collection of the Product at its own expense.
6.7 The guarantee for lack of compliance will apply provided that the Product in question has been used properly. Therefore the guarantee is forfeited if the Customer has damaged the Product through his or her own wilful or negligent action or - in any case - if the Product has been damaged and/or rendered faulty and/or been exposed to natural events and/or misused as a result of the Customer's negligence and/or lack of care and/or for any other reasons not attributable to AUDES. The guarantee is also forfeited if the faults and/or flaws and/or malfunctions originate from any use of the Product other than that envisaged in the Agreement and/or for which the Product was made, or in cases of normal wear and tear or deterioration of consumable parts.
6.8 If AUDES finds that any faults or flaws in the Customer's Product are attributable, directly or indirectly to the Customer, the latter will be required to pay the costs incurred to establish this, as well as - in departure from the provisions above - reimbursing expenses paid to return the Product.
COMPLAINTS AND ENQUIRIES
7.1 Any complaints or enquiries may be sent to AUDES at the following address: customercare@.email@example.com
7.2 Complaints will be processed by AUDES as soon as possible.
8.2. Upon accepting these Terms, the Customer also declares that he or she has read the Privacy Notice prepared by Pagani and provided when registering with the Store.
CONSUMER DISPUTE RESOLUTION
9.1 AUDES hereby informs you that as user, you are deemed a consumer in accordance with Art. 3, section 1, subsection a) of the Consumer Code, which is a European platform that has been set up to resolve consumer disputes online (referred to as the ODR platform). The ODR platform is available at the following address https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
9.2 With this platform, the Customer can access a list of ADR organisations, which includes a link for each one that can be used to begin an online procedure to resolve the dispute concerning them.
APPLICABLE LAW AND COMPETENT AUTHORITY
10.1 The sales agreement referred to in these Conditions and performance of the said agreement is governed by Italian law, with the disapplication of conflict of laws rules and the United Nations Convention for the International Sale of Goods. The court of the town or city where the Customer resides will have jurisdiction to decide on the aforesaid dispute.