PECK S.p.A. having its registered office in Milan, Via Spadari, 9, VAT No./Fiscal Code No. 09828820150 (hereinafter, the "Company") is the owner of the website http:/www.peck.it (hereinafter “PECK”).
Acceptance of the sale general conditions
1 ) The agreement entered into by PECK and the user having bought (hereinafter, the “Client”) shall be deemed to be executed with the acceptance, even only partial, of the relevant order by PECK. By entering an order in the several manners provided, the Client represents to have inspected all the indication provided to the same by this document and/or during the purchase procedure and to wholly accept the following general conditions and the payment conditions.
2 ) In the event that the client is a consumer (i.e. a natural person purchasing the commodities for purposes not related to its professional activity or making a purchase without entering a VAT No. during the purchase and/or registration phases, as defined under Article 3, paragraph 1, letter a) of the Consumers Code – hereinafter, the “Consumer”), once the online purchase procedure has been concluded, PECK will send to the same a copy of these sale terms and conditions by e-mail in pdf format. The Client will print or store the same, in compliance with the provisions under the Consumer Code currently in force concerning the distance selling. In the event that the Client is not a Consumer, please refer to the following Article 13.
3 ) The Client acknowledges and expressly accepts that in order to purchase alcoholic beverages must be at least eighteen years of age. Therefore, the Client, by completing an order that contains alcoholic beverages, expressly declares and guarantees to be an adult. PECK reserves in any case the right to check and determine the age of the Client in the order processing phase as well as in the delivery phase. In the event of proven lack of such requirement the order processing and/or the delivery of alcoholic beverages shall not occur.
4 ) Any Client’s rights whatsoever, related to a compensation or reimbursement, as well as any contractual or extra-contractual responsibilities for direct or indirect damages to persons and/or things, caused by the missing acceptance of an order, in whole or in part, by PECK, is hereby excluded.
5) The Client may purchase only the products and the tickets of the events included in the electronic catalogue as of the moment of the order dispatch and displayed online at the address (URL) http://www.peck.it, as described in detail in the relevant informative forms. It is hereby understood that any images accompanying the relevant product describing form could be not perfectly and completely representative of the relevant product's features, but it could differ for colour, dimensions, and ancillary products being included in the image. All the purchase supporting information shall be deemed to be simply a generic informative material, not related to the real features of a single product. The Client may require further information at any time whatsoever using the contacts specified under the following Article 38.
6) PECK hereby reserves the right to insert further information and/or particular conditions in the informative forms of products and events. The Client hereby acknowledges and expressly agrees that in the event of any discrepancies between these sale terms and conditions and the indications (if any) included in the same informative forms, such indications will prevail.
7) The correct receipt of the relevant order is confirmed by PECK by an e-mail, sent to the electronic mail address communicated by the Client. Such confirmation e-mail will include, other than a copy of these Sale Terms and Conditions under the above Article 2, and the order summary, to be used in further communication with PECK. The message reproduces all the data inserted by the Client, who undertakes to verify the correctness of the same and to promptly communicate amendments (if any), following the procedure described in this document.
8) In the event of no acceptance of the order, PECK guarantees to promptly communicate such circumstance to the Client.
9) The Client may carry out the payment of the products’ price and of the relevant delivery expenses by means of credit card or by Paypal.
10) Credit card (recognised and approved by PECK))
In the event that the relevant purchase is carried out with the payment modalities by Credit Card, at the same time of the execution of the online transaction, the relevant banking institute will authorise the sole commitment of the amount related to the purchase made. The amount related to the goods processed, in whole or in part, will be actually debited on the Client’s credit card as of the execution and acceptance of the relevant order by PECK.
10.1) In the event of order’s cancellation caused by the non-acceptance of the same by PECK, PECK will at the same time promptly require the cancellation of the transaction and the release of the amount committed. The release timeframe, for specific type of cards, depends exclusively on the banking system and may arrive to their natural maturity (24th day after the authorisation date). Once executed the cancellation of the transaction, the Client agrees and expressly accepts that PECK could not be deemed responsible for any direct or indirect damages caused by a delay in the lack of release of the committed amount by the banking system.
10.2) PECK hereby reserves the option to require to the Client integrative information (i.e. a fix telephone No.) or the dispatch of a copy of the documents proofing that the Card used is owned by the same Client. Lacking the required documentation, PECK hereby reserves the option not to accept the relevant order.
10.3) PECK is not able, at any time during the purchase procedure, to know the information related to the purchaser’s credit card, being transmitted through a protected connection directly to the website of the banking institute managing the transaction. No IT archive of PECK will store such data. Therefore, in no event PECK may be deemed responsible for any libellous and illicit of credit cards by third parties as of the payment of the goods purchased.
11) Purchase by Paypal
In the event of purchase of goods by PayPal, PayPal will debt the amount of the purchase carried out immediately, at the same time of the completion of the online transaction.
11.1) In the event of cancellation of the order, both in the event of cancellation by the Client and in the event of non-acceptance by PECK, the amount related to the cancelled goods will be credited on the Client’s PayPal account at the same time of the cancellation. The credit timescale on the payment instrument chosen within the PayPal account is dependent from PayPal and the banking system only. Once the credit of the relevant amount on the PayPal account has been carried out, in no event PECK could be deemed responsible for damages (if any), whether direct or indirect, caused by delays in the actual credit depending from PayPal or the banking system.
11.2) PECK hereby reserves the right to request additional information (for example, a fix telephone No.) suitable for determining the actual owner of the relevant PayPal account. Lacking the requested documentation, PECK reserves the option not to accept the relevant order.
11.3) PECK is not able to know the information related to the purchaser’s credit card or other modalities chosen within PayPal, in any moment of the purchase procedure. Therefore, in no event PECK can be deemed responsible of a fraudulent and illicit use of the credit cards by third parties, as of the payment of the purchased products.
Purchase by professionals or firms
12) In the event that the relevant purchase is carried out by a professional, the issuance of an invoice can be requested by selecting the specific box during the order procedure and by inserting the invoice data, including the tax code and/or the VAT Number. In such event, the invoice will be sent to the address specified by e-mail. The professional is responsible for the correct insertion of the invoice data and is expressly informed that, lacking the request of an invoice in the order phase, requesting the same will not be possible thereafter. If this option is exercised, it is important to remember that the professional is not deemed a Consumer and, therefore, it will not be possible to benefit of the rights recognised to the consumers by the applicable laws and regulations. Foreign firms are not considered. The Client acknowledges and expressly agrees that PECK will not accept orders by subject other than natural persons outside the Italian territory.
Delivery methods and expenses
13) PECK issues a receipt of the dispatched material for each order made online, sending the same to the holder of the order with the purchased goods, pursuant to the applicable provisions in force. Trust will be made on the information provided by the Client as of the order for issuing the relevant receipt. After the issue of the receipt, no amendment could be made to the same.
14) The prices of the products include all the applicable taxes and duties. All the prices are expressed in Euro. The payment of the goods by the Client will be made using the methods chosen as of the order. The Client does not due anything other than the order’s total.
15) No responsibility may be charged to PECK in the event of delays in handling the order or in delivering the ordered goods.
16) As of the delivery of the goods by PECK, the Client is bound to control that the number and the nature of the products being delivered correspond to what is specified under the waybill; any discrepancies from the order made shall be challenged within 7 days.
17) If it is impossible to deliver the relevant goods to the address specified by the Client as of the order, the ordered goods will be returned to the sale points of PECK.
18) The expenses will be borne entirely by the Client and will be specified as of the moment of the insertion by the Client of all the requested data, including those relating to the delivery address of the products. Therefore, the Client acknowledges and expressly agrees that the final cost of the dispatch will be highlighted only once the mandatory fields have been filled in. Any costs specified by PECK in advance shall be deemed indicative and amendable.
19) PECK guarantees the delivery of fresh goods in the area of Milan, and of all other goods in all the national territory. It does not provide for the delivery of wine and fresh products in Europe. PECK avails itself of the services of DHL courier.
20) PECK provides for two dispatch methods to be chosen by the Client, i.e. the Express modality and the so-called Dedicated modality. The Dedicated modality shall be expressly requested by the Client by means of an e-mail to Peck with the additional request of the estimate. PECK will contact the courier and will provide the requested estimate immediately (the clients service email@example.com shall be contacted).
Based on the dispatch modality chosen, it is important to remind to the Client that, in the event of withdrawal, PECK will refund the whole amount of the delivery expenses only in the event that the Client has chosen the normal modality. In the event that the Client has chosen the express modality, the additional expenses related to such faster dispatch modality will not be refunded pursuant to Article 56, paragraph 2, of the Consumer Code.
The below does not apply to foods, in relation to which please refer to the following point 25.
21) If the Client is a Consumer, he has the right to withdrawal from the purchase agreement for any reason whatsoever pursuant to the Consumer Code, without the need to provide explanations and without any penalty, subject to the provisions under the following points 23, 24, 25 and 26.
22)The Client has the right to withdraw from the agreement within 14 days.
The period for exercising the withdrawal right will lapse after 14 days from the day on which the Client or a third party, other than the courier and indicated by the Client, acquires physical possession of the goods.
In order to exercise the withdrawal right, the Client is bound to inform PECK of its decision of withdrawing from this agreement by means of an express representation using the contacts specified under the following Article 37. The Client may use the withdrawal form downloadable at the following address for such purpose, but it is not mandatory.
In order to comply with the withdrawal term, it is sufficient that the Client sends the communication related to the exercise of the withdrawal right before the expire of the withdrawal term.
If the Client withdraws from this agreement, PECK will refund to the Client all the payments carried out by the same in favour of PECK, including the delivery expenses (except for the additional costs arising from the choice of the express delivery (if any), as provided under point 21 above), without undue delays and in any case no later than 14 days from the day on which PECK has been informed of the Client’s decision to withdraw from this agreement, Such refunds will be carried out by using the same payment method used by the Client for the initial transaction, subject to the Client having expressly agreed to the contrary; in any case, PECK warrants that the Client shall not borne any costs as a consequence of such refund. The Client acknowledges and expressly agrees that PECK will have the option to suspend such refund until the receipt of the goods or until the proof of the dispatch of the goods by the Client, if preceding.
The Client shall dispatch the goods or deliver the same to PECK without undue delays and, in any case, within and not later than 14 days from the day on which the same has communicated to PECK that the Client is willing to withdraw from this agreement.
The goods shall be returned intact, complete of all their parts and with the original package (bags and packages), kept and eventually used applying the normal diligence, without wear and filth signs, in compliance with the conditions specified under points 24, 25 below. The Client will be responsible of the lack of value of the goods arising from a manipulation of the same other than that necessary in order to establish the nature, the features and the functioning of the goods, as provided under Article 57, paragraph 2 of the Consumer Code.
23) The exercise of the withdrawal right is subject to the following conditions:
a) the right applies to the whole product purchased; it is not possible to exercise the withdrawal right in relation to a part of the purchased product (in part);
b) as provided by the law, the delivery expenses related to the restitution of the good shall be borne by the client;
c) the dispatch, until the attestation of receipt in the warehouse of PECK, is a complete responsibility of the Client;
d) in the event of damages to the good during the transport, PECK will communicate to the client what happened (within 5 business days from the receipt of the good in its warehouses) in order to allow it to promptly present a complaint against the courier chosen and obtain the refund of the value of the relevant good (if insured); in such event, the product will be available to the client for being returned to the same, at the same time cancelling the withdrawal request;
e) PECK shall not be liable in any manner whatsoever for damages or theft or loss of goods returned by uninsured dispatches.
24) Subject to what provided under this agreement and in Article 57, paragraph 2, of the Consumer Code, PECK would refund the client of the whole amount already paid by means of a reversal of the amount debited on the credit card or by banking transfer. In such latter case, the Client shall promptly provide the banking details, including the IBAN code, of the current account on which the same is willing to obtain the refund (current account of the invoice holder).
25) Exceptions to the withdrawal right pursuant to Article 59 of the Consumer Code
The withdrawal right provided under Articles from 52 to 58 of the Consumer Code for the distance agreements and for the agreements negotiated outside commercial premises is excluded in relation to:
- order of tailored or clearly personalised products;
- order of products that risk to deteriorate or to expire quickly;
- order of sealed products that could not be returned for hygiene reasons or reasons connected to the health protection or that has been opened after delivery;
- order of services pertaining to leisure activities if the contract provides a specific date or period of execution.
With reference to the circumstances of exclusion of withdrawal right listed above, the Client, in particular, has been informed and agrees that the products that "risk to deteriorate or to expire quickly" include all the alimentary Products (included alcoholics, wines and drinks in general) and that events belong to "services pertaining to leisure activities".
The below applies with reference to the selling of all products, except events and certain products in relation to which the guarantees terms and conditions may vary as a consequence of their deteriorating nature or since they expire in a term quicker than the one provided in general here below.
26) All the products sold by PECK are covered by the agreed guarantee and by the 24 months guarantee for the lack of conformity, pursuant to the Consumer Code. In order to avail itself of the guarantee, the Client shall keep the invoice or the receipt that the same will receive in PDF electronic format by e-mail. The exercise of the Guarantee may provide the request of assistance to the Authorised Assistance Centre being present on the territory and/or follow the modalities detailed in the documentation included in the package of the product.
27) The conventional guarantee of the producer is provided following the modalities detailed in the documentation included in the package of the product. If, following the assistance by an Authorised Assistance Centre, the lack of conformity will result not to be in the scope of the conventional guarantee of the producer, the check and restoration costs (if any), as well as the transport costs (if any), if borne by PECK, will be debited to the Client.
28) Pursuant to the Consumer Code, the 24 months guarantee applies to a product having a lack of conformity, provided that the product has been duly used, in compliance with its use destination and with the provisions under the technical documentation attached. Such guarantee is reserved to the private Consumer (natural person purchasing the goods for purposes other than its professional activity, or carrying out the purchase without specifying a VAT No.). In the event of lack of conformity, PECK will reinstate the conformity of the product without expenses for the Client, by repairing/replacing or reduction of the price, to the termination of the agreement. If, following the assistance by an Authorised Assistance Centre, the lack of conformity will result not to be a lack of conformity pursuant to the Consumer Code, the check and restoration costs (if any), as well as the transport costs (if any), if borne by PECK, will be debited to the Client.
29) The Client loses such rights if the same does not complain to PECK the lack of conformity within the term of two months from the date on which the Client discovers the relevant lack, provided that the product is not a product having a deteriorating nature or subject to a faster term, in such a case the lack shall be complained within such reduced term.
30) Replacements of products non-working as of the delivery will be carried out only of expressly provided for by the producer. Replacement or reparation timeframes (if any) depend by the producer’s policies only.
31) In the event that, for any reasons whatsoever, PECK will not be able to return to its client a product in guarantee (repaired or replaced), PECK can refund the amount paid, taking into account the product’s use, or replace the relevant product with a product having the same of higher features.
32) Replacement or reparation timeframes (if any) depend by the producer’s policies only and no damages may be claimed to PECK for delays (if any) in carrying out reparations or replacements.
33) In the event that the application of the guarantees provides for the return of the product, the relevant good shall be returned by the Client in the original package, complete in all its parts (including packaging and ancillary documentation and equipment (if any): users guides, cables, etc.); in order to limit damages to the original package, please insert the same in a second box; in any case labels or scotch tapes shall not be applied directly on the product’s original package. As of the return of the product, an authorising number (ARP) will be provided to the Client. Suh number shall be specified outside the packahe, following the instructions included directly in the relevant authorising e-mail.
Intellectual and industrial property rights
34) PECK informs that the Website, as well as all the marks and distinctive signs used by PECK in relation to the sale of the products, is protected by the applicable intellectual and industrial property rights and any kind of reproduction, communication, dissemination, publication, alteration or transformation is forbidden, in any form and for any purpose whatsoever, of the website consents, of the marks and the distinctive signs used by PECK (such as, including, but not limited to, operas, images, photos, drawings, dialogues, presentations, music, sounds, videos, graphic, colours, functionalities and design of the website).
35) PECK shall not be liable in relation to marks and other distinctive signs appearing on the products marketed by the same on the Website, in relation to which the Client does not acquire any right whatsoever following the entering into the agreement.
Information and Complains
37) Any complain shall be addressed to PECK, by registered letter with return receipt and by e-mail to the address firstname.lastname@example.org.
38) The sale agreement between the Client and PECK shall be deemed to be entered into in Italy and governed by Italian law. In order to resolve any disputes arising by the execution of this distance sale agreement, if the Client qualifies as a consumer, the territorial competence is of the competent Court of its resident town; in all the other circumstances, the territorial competence is exclusively of the Court of Milan, with the exclusion of alternative or competition Courts.