General conditions of sale
1.1 The supplier of the products is Bros Manifatture S.r.l., hereinafter referred to as “the Company,” with its legal headquarters at Via G. Rossa, 1, 63833 Montegiorgio (FM) – Italy.
1.2 The term “Site” refers to the internet site www.pianegonda.com, dedicated to the sale of products by Bros Manifatture S.r.l.
1.3 An “online” sale contract is considered a distance contract, that is, a legal business involving movable goods and/or services entered into between a supplier, “Bros Manifatture S.r.l.”, and a consumer, a customer within a system of distance selling organized by the supplier who, for such a contract, exclusively employs the remote communication technology known as “internet”.
1.4 Therefore, all contracts will be concluded directly through consumer customers accessing the corresponding website at the address www.pianegonda.com, where, by following the indicated procedures, they will finalize the contract for the purchase of the goods.
1.5 The term “consumer” refers to a natural person who purchases goods and services for purposes not directly related to their professional activity.
1.6 The term “Order” refers to the product request form for items on sale, filled in by the Customer through the Site. The “Products” are the goods for sale on the Site, based on the general conditions of sale. The “Price” is the amount paid for the sale of the products.
1.7 The “Parties” are “Bros Manifatture S.r.l.” henceforth referred to as “the Company” and the buyer henceforth referred to as “the Buyer” or “the Customer”.
2.1 Purchases made on the website www.pianegonda.com are governed by these General Conditions of Sale, as well as by the conditions specified on the said site at the date of contract conclusion (price list, type, technical characteristics), and also by the provisions of Legislative Decree No. 206/2005 concerning consumer protection (articles 45 – 68 on distance contracts and articles 128-135 on warranty of goods conformity), and finally by the provisions of Legislative Decree No. 70/2003 related to electronic commerce.
2.2 These General Conditions of Sale should be considered an integral and substantial part of the contract: therefore, the Customer is invited to read these General Conditions of Sale and the information described here carefully before sending an order, printing them, or saving them on another durable medium accessible to them.
2.3 The sending of the order by the Customer constitutes acceptance of the General Conditions of Sale in force, as published on the website www.pianegonda.com at the time of the Customer’s order submission.
2.4 Items listed on the site can be purchased, subject to stock availability, only by those who have reached the age of eighteen.
3.1 The Customer agrees, once the online purchase procedure is concluded, to print and keep these general conditions, which they will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased.
3.2 These conditions may be updated or modified at any time by the Company, which will communicate such changes by publishing a notice on the site. The consumer commits and obliges, whenever there is a change to these general conditions, to print and keep them.
3.3 It is forbidden for the buyer to enter false, invented, or fictitious data in the registration process necessary to activate the process for the execution of this contract and its further communications; the personal and email data must be exclusively their real personal data and not that of third parties or fictional.
3.4 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties.
3.5 The Company’s Management reserves the right to legally pursue any violation and abuse in the interest and for the protection of all consumers.
3.6 The Customer indemnifies the Company from any liability arising from the issuance of incorrect fiscal documents due to errors in the data provided by the Customer, being the Customer themselves solely responsible for the correct input.
4.1 The prices listed on the website www.pianegonda.com are expressed in euros and are inclusive of VAT as well as all other taxes and duties, and are solely applicable to the products sold online.
4.2 The price applied will be the one in effect at the time of the order, regardless of any subsequent increases or decreases in price (e.g., due to later promotions).
4.3 The Company reserves the right to change the prices of the products without any prior notice: any new amounts will be effective from the moment they are published on the website www.pianegonda.com and will be applied to sales made from that moment on.
4.4 Shipping costs must be added to the price: these costs will be calculated based on the weight and quantity of the products and the destination of the order; in case of delivery abroad, any additional costs due to taxes or duties as prescribed by the legislation in the destination country will be borne by the Customer.
4.5 The total amount of the order (price + shipping costs) will be visible before proceeding to confirm the purchase.
4.6 The fiscal documentation will be issued by the Company at the time of delivery of the products: it will detail the products purchased and their respective prices.
5.1 The characteristics of the products are those visible online at the time of order submission.
5.2 The Company displays the products in the most truthful and accurate manner possible; however, the colors, as well as other aesthetic features of the product displayed, may vary due to the user’s monitor, as well as other technical reasons not attributable to the Company. Therefore, the Company does not guarantee that the colors, as well as other technical and aesthetic features displayed, will be perfectly reproduced on the screen as they are in reality.
5.3 The type of products published online and their availability (this indication is to be considered non-binding) may change at any time without incurring any responsibility on the part of the Company.
5.4 The computer system of “Bros Manifatture s.r.l.” is designed to ensure immediate processing of orders and to avoid unnecessary waiting for the customer; in fact, it indicates in real-time, in its electronic catalog, the physical availability of the product. If an order exceeds the quantity available in stock, the Company’s Management will inform the buyer whether the product will be available in the future or not; if affirmative, the system allows to proceed to “checkout,” purchase, and receive only the available quantities within the established timelines.
6.1 The purchase contract is finalized exclusively online, through the accurate completion of the order and the subsequent consent to purchase expressed by the Customer according to the procedures indicated on the site.
6.2 The Customer commits and obligates, once the online purchase procedure is concluded, to print and preserve these General Conditions of Sale as well as the specifications of the purchased product provided on the site.
6.3 Upon receipt of the order, the Company will send the Customer, within the following 3 business days, an email with the confirmation of the order in which the details of the order will be summarized: the Customer is invited to print the email and keep it.
6.4 The contract is considered concluded at the moment when the Customer receives the order confirmation.
6.5 In the event that the customer does not receive any order confirmation within the indicated term, the related order must be considered as not accepted by the Company, and therefore without effect.
6.6 Orders received will be stored in the database of the online “store,” in accordance with the methods and respecting the provisions of the Privacy Policy, and will be accessible upon request made to the Company at the following email address shop@pianegonda.com.
7.1 Upon receiving the order confirmation from the Company, the Customer may proceed with the payment of the price using the following methods, indicating the order number in the reason for payment:
Credit Card: During the purchase procedure, choose the appropriate card (Visa, Visa Electron, Maestro, MasterCard, Aura, and JCB) and enter the required details. The amount will be charged at the time of payment.
PayPal: To make online purchases conveniently, without the need to type credit card details or bank account coordinates on the site. The charge to the account occurs upon completion of the order. If you are already registered with PayPal, log in with your credentials, or to register a new PayPal account, visit paypal.com.
7.2 As the placing of orders is only allowed for adults, the Company will not be responsible for orders made by minors without parental authorization.
7.3 The order is shipped upon actual receipt of payment and according to the times set in the shipping policies.
8.1 The payment transaction takes place on a protected page, which uses SSL (Secure Socket Layer) certificates, a system that guarantees maximum security for online transactions. The monetary transactions occur through the Braintree payment gateway (Paypal Group).
8.2 To protect the Customer’s credit card purchases, each order will require the entry of the CVV code. Thanks to this security system, the Customer’s credit card data will be completely unreadable to third parties.
9.1 The Company is not obliged to ship the products until it has received full payment of the price.
9.2 The Company guarantees delivery within 3-6 business days for orders placed from Monday to Friday before 15:30. Business days are from Monday to Friday.
9.3 For Basilicata, Campania, Calabria, Puglia, and islands, delivery may take an additional day.
9.4 Deliveries occur during office hours from Monday to Friday, excluding holidays. The courier will make 3 delivery attempts; after the third, the order will go into storage.
9.5 All orders are processed automatically and we are unable to modify shipping and delivery times.
9.6 Bartolini is the authorized courier for the Company’s shipments.
9.7 Shipping is free for all orders.
9.8 The Customer will be kept updated throughout the transaction. At the time of order dispatch, they will receive a summary order confirmation email; when the package leaves the warehouses, the Customer will receive a tracking code for the order and the web address where they can follow the delivery status of their shipment online and know the expected date of receipt.
9.9 In case the Customer’s data indicated in the order is incomplete or otherwise inaccurate (making delivery impossible), it is the Customer’s responsibility to verify the completeness and accuracy of the same through the order confirmation received by email and contact the Company at this address shop@pianegonda.com.
9.10 The Company will not be responsible for any delays attributable to the courier’s fault.
Upon receipt of the product, the Customer, or the person authorized by them, is invited to check:
• that the package is intact, not damaged, wet, or otherwise altered, even in the closing: any disputes must be reported to the courier, and it will be necessary to account for them at the time of signing for the collection with the statement “Received with reservation for inspection”; otherwise, the package will be considered correctly delivered;
• that the products correspond to what is indicated in the transport document and/or invoice, both in number and type; any disputes must be reported to the courier, and it will be necessary to account for them at the time of signing for the collection with the statement “Received with reservation for inspection”; otherwise, the content of the package will be considered free from defects or faults.
10.1 The Company has the right to terminate the contract by simply notifying the customer with adequate and justified reasons; in such a case, the Customer will be entitled exclusively to the refund of any amount already paid.
10.2 The obligations undertaken by the customer as per article 3 (Customer Obligations), as well as the guarantee of successful payment that the customer makes using the means mentioned in article 7, are essential, so that by express agreement, the failure of the Customer to fulfill any one of these obligations will result in the legal termination of the contract pursuant to article 1456 of the Civil Code, without the need for a judicial declaration, reserving the right for the Company to sue for compensation for further damage.
10.3 The Company reserves the right, in the event of logistical, technical, or organizational difficulties, to cancel the order by notifying the Customer via email within 30 days from the day following the day on which the Customer transmitted the order: in such a case, the Customer will not be entitled to any compensation for damages, notwithstanding the right to the refund of any amount already paid.
11.1 For the Company, customer satisfaction is the foundation of everything. For any reason, if you are not fully satisfied with your purchase, you can return the order within 30 days from the delivery date and receive a refund for the returned products or their replacement. The right of withdrawal is a faculty of natural persons who act for purposes not directly related to their professional activity. Therefore, retailers and companies are excluded from this right.
11.2 Returned items must be in perfect condition without any signs of use, in their original packaging, and ensuring that the labels have not been removed, within 14 days from the date of sending the withdrawal communication.
11.3 To exercise the right of withdrawal, follow these simple steps:
– Connect to the site www.pianegonda.com and log in with your access credentials. If the purchase was made as a guest customer, you need to register on the site to make the return request;
– In the ‘My Returns’ section, select the order or enter the order ID for which you want to request the return, indicate the products to be returned and click on “request return”;
– Enter the mandatory information marked with * and indicate whether you want a product exchange or a refund of the amount spent;
– After receiving the return acceptance confirmation from Pianegonda, print the return document (RMA);
– Prepare the items to be returned and insert the RMA document in a well-sealed and protected package;
– Send the package to the following address: “Shop Pianegonda c/o Bros Manifatture s.r.l. – Via E. Berlinguer, 1 – 63844 Grottazzolina (Fm)”.
11.4 The cost of return shipping is borne by the customer.
11.5 Any complaints can be submitted via the specific contact form on the site or by email addressed to Pianegonda Customer Service – Bros Manifatture s.r.l., Via G. Rossa, 1, 63833 Montegiorgio (FM) – Italy.
12.1 The refund of the amount spent depends on the payment method chosen at the time of purchase:
For payments made through PayPal, the reversal will occur directly via PayPal;
For payments made by Credit Card;
For payments via Scalapay.
12.2 The refund cannot be made to cards different from those used for the purchase.
12.3 The Company will proceed with the refund related to the cost of the shipped goods, within the legal terms (30 days), only after having received the goods and verified that all requirements have been met.
12.4 The refund does not include the shipping costs for the subsequent return of the goods.
13.1 The Company assumes no responsibility for service disruptions attributable to force majeure and/or unforeseeable circumstances such as accidents, thefts and/or robberies of the courier responsible for delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the contract in the agreed times and methods.
13.2 The Company will not be liable to any party for damages, losses, and costs incurred due to the non-execution of the contract for the reasons mentioned above, with the consumer having the right only to the return of the price paid.
13.3 Similarly, the Company is not responsible for any fraudulent and illicit use that may be made by third parties at the time of payment for the purchased products.
13.4 The Company guarantees the products against any defects/flaws. Should the Customer nonetheless find a defect/flaw in the purchased products, they must report it within two months from the date on which the defect was discovered (Art. 132 Legislative Decree No. 206/2005 – Consumer Code).
13.5 More generally, the Customer is granted the consumer rights as per Art. 130 Legislative Decree 206/2005; these rights must be exercised within the terms of Art. 132 of the same Legislative Decree 206/2005.
14.1 The Company assumes no responsibility if, due to force majeure or unforeseeable circumstances, it is unable to execute the order within the times specified in the preceding Article 6.3, or if any other service disruption occurs.
14.2 The Company cannot be held responsible towards the Customer, except in the case of intentional misconduct or gross negligence, for any service disruptions or malfunctions related to the use of the internet network and beyond the control and management of the Company itself.
14.3 The Company will also not be liable for any damages, losses, and costs incurred by the Customer as a result of the non-execution of the contract for reasons not attributable to the Company, with the Customer having the right only to the full refund of the price paid.
14.4 The Company assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards, checks, and other means of payment at the time of payment for the purchased products, provided it demonstrates having adopted all possible precautions based on the best knowledge and experience of the time.
15.1 Contracts concluded with the Company are deemed to be concluded in Italy and are governed by Italian law. Any dispute relating to the application, execution, interpretation, and violation of the purchase contracts concluded “online” through the website www.pianegonda.com is subject to Italian jurisdiction.
15.2 These general conditions refer, for what is not expressly provided therein, to the provisions of the Consumer Code.
15.3 For any dispute between the parties concerning this contract, the competent court will be the one in the district where the consumer has their residence or domicile if located within the territory of the Italian State;
15.4 In all other cases, the territorial jurisdiction is exclusively that of the court of Fermo, excluding any competing forum.
16.1 By filling out the personal information form during the purchase process, necessary to activate the procedure for the execution of this contract and related further communications towards the Customer, the Customer authorizes “Bros Manifatture s.r.l.” to communicate personal data (as defined by Article 7 of the GDPR 2016/679) to trusted couriers and/or shippers for the delivery of purchased goods, thereby enabling the necessary procedures for their delivery.
For the text of the Privacy Policy, please refer to the following link.
Trademarks, logos, and other distinctive signs present on the site belong to their respective owners. The use of trademarks, logos, and other distinctive signs, including reproduction on other websites by unauthorized third parties, is prohibited. The contents of the site are protected by copyright (texts, images, and graphics).
19.1 The contract supersedes all previous contracts, agreements, and understandings between the parties and constitutes the entire agreement between the parties concerning the subject matter of the contract, together with the order, the general conditions related to the use of the site, and the conditions related to the registration service. Any variation or modification of the contract must be accepted in writing by both parties.
20.1 All communications between the parties must be made in writing and sent to the address of the other party indicated in the contract and in the order. Communications sent to the email address of the other party, as indicated on the website and in the order, are also considered to be in writing.
20.2 Communications regarding the validity or existence of this agreement must be exclusively delivered by hand or sent by Registered Letter with Acknowledgement of Receipt.
21.1 The invalidity and/or ineffectiveness, even if subsequent, of any of these conditions does not prejudice the validity or effectiveness of the others. The condition that should be deemed or become invalid or ineffective, in whole or in part, for any reason: (a) will be considered separable from the context of these sales conditions without prejudicing their validity; (b) if the context allows, it will be deemed replaced (if applicable only insofar as the country involved) by a different agreement or valid and effective provision whose content is as similar as possible to that which has become or is deemed invalid or ineffective.
In accordance with and for the effects of articles 1341 and 1342 of the Italian Civil Code, the Parties declare that they have carefully examined and specifically approve the content of the following articles:
Art. 4.3 (right of the Company to change product prices)
Art. 5.3 (absence of liability on the part of the Company for variations in products and their availability)
Art. 3.1 and 3.6 (obligation of the Customer to print and preserve the General Conditions of Sale and the specifications of the product purchased provided on the site at the conclusion of the online purchase process)
Art. 6.4 (moment of contract conclusion)
Art. 6.5 (non-conclusion of the contract in the case of the Customer not receiving the order confirmation)
Art. 7.4 (right of the Company to cancel orders)
Art. 7.1 (obligation of the Customer to pay the price before the shipment of products)
Art. 9.1 (right of the Company not to proceed with the shipment of products until full payment of the price has been received)
Art. 10.1 (the company’s right to terminate the contract by simply notifying the customer with adequate and justified reasons)
Art. 10.2 (essential nature of the customer’s obligations)
Art. 10.3 (the company’s right to cancel the order)
Art. 9.10 (absence of liability on the part of the Company in case of delays attributable to the courier’s fault)
Art. 9.10 first part (obligation of the Customer to verify at the time of delivery that the package is intact, not damaged, wet, or otherwise altered, including in its closure, and correct delivery in case of no reservation)
Art. 9.10 second part (obligation of the Customer to verify at the time of delivery that the products correspond to what is indicated in the transport document and/or invoice both in number and type, and immunity from defects/flaws in case of no reservation)
Art. 11.1 (right of withdrawal and exercise period)
Art. 11.3 (methods of exercising the right of withdrawal)
Art. 11.2 (obligation of the Customer to return the product intact, in the original packaging, complete in all its parts, within and no later than 10 days from the date of sending the withdrawal communication)
Art. 12.2 and 12.3 (terms for refund of sums paid by the Customer)
Art. 12.4 (no provision for product replacement)
Art. 12.5 (obligation of the Customer to bear the costs of returning the product)
Art. 14.1 (lack of liability of the Company in the event of force majeure or unforeseeable circumstances preventing the execution of the order within the times specified in Art. 6.3 or any further service disruption)
Art. 14.2 (lack of liability of the Company for service disruptions or malfunctions related to the use of the internet network beyond the control and management of the Company itself)
Art. 13.2 (lack of liability of the Company for damages, losses, and costs suffered by the Customer as a result of the non-execution of the contract for reasons not attributable to the Company)
Art. 14.4 (lack of liability of the Company for any fraudulent and illicit use that may be made by third parties, of credit cards, checks, and other means of payment at the time of payment for the purchased products, provided it demonstrates having taken all possible precautions based on the best knowledge and experience of the time)
Art. 15 (applicable law)
Art. 15.4 (mandatory jurisdiction in case of a customer having their residence or domicile outside Italy)
Art. 21 (Invalidity and/or ineffectiveness of the clauses)