Art. 1 – Object
The object of these General Terms and Conditions is the purchase of products and services, from a remote place thru Internet on web.site www.palomarweb.com, owned by to Palomar Srl, whose registered office is in Firenze (Italy), Via De’ Serragli 9.
These purchases are reserved to Customers, direct users, and wih separate access modalities, to other operators such as dealers, wholesalers, retailers, professionals, etc that want to sell our products to third parties. Each purchasing transaction is regulated under provisions of Law by Decree 185/99 and subject to regulations asper Law 675/96 and following amendments, as to privacy protection.
Art. 2 – Acceptance of general conditions of selling
By the telecom-confirmation of his purchasing order, Customer will unconditionally accept and – as far as his relations with Palomar Srl, are concerned – bind himself to comply with general terms and conditions, and conditions of payment hereafter written in details, and declare having looked over and accepted all dictations supplied under the laws hereabove mentioned and confirm having taken note that Palomar Srl doesn’t’ consider themselves bound by conditions other than those previously agreed in writing.
Art. 3 – Customer’s obligations
These General Conditions of Sale have to be carefully examined on line by Customer visiting the web.site WWW.PALOMARWEB.COM before he releases his purchase confirmation. Such a purchase order confirmation means the full acknowledge of General Conditions of Sale and their full acceptance.
Customer commits and obliges himself, once an on line transaction is completed, to print and keep these General Conditions of Sale, already examined and accepted during the purchasing process, in full compliance with art. 3 and 4 of Law by Decree 185/99.
Art. 4 – Modalities of purchase
The purchase of products, available as illustrated and described in the relevant descriptions and technical cards, is effected by Customer at the price therein indicated, to be contextually reconfirmed at the time of the order confirmation, increased by the relevant taxes, customs’ fees and delivery charges as hereafter specified in art. 6 of these General Conditions of Sale and, in any case, put in evidence when purchasing.
Before receiving the final sale confirmation, Customer will be recapitulated with unitary price for each item purchased, total value (case more than one item is purchased), and delivery charges.
After confirming the purchase and as completion of the transaction, Customer will receive an e-mail containing the number, the date, the total amount of his order. Case payment is effected by bank transfer, Customer will also receive the details and instructions for payment.
Art. 5 – Payments
Payment by Credit Card
Payment of purchases and relevant taxes and delivery charges will be effected by Customer when sending his order confirmation by mean of one of the Credit Cards available and listed on line. Palomar Srl isn’t responsible for any fraudulent and unlawful use, by third parties, of same credit cards utilized for settling payments.
In no moment of the transaction Palomar Srl is in a position to know the number of Customer credit cards transmitted thru a connection (link) protected by PAYPAL or by any other service operator chosen by Customer among those available and indicated by Palomar Srl.
Payment by Bank Transfer
Bank Transfer (T.T.) is to arrive within 3 (three) working days from date of purchase confirmation and no later, otherwise order confirmation will be considered as null and void. Reason for payment is to accompany the transfer and has to indicate:
- number and date of order
- applicant’s name and family name
Bank coordinates are indicated on the sale confirmation.
Art. 6 – Delivery
Purchased products are delivered by WWW.PALOMARWEB.COM to the address indicated by Customer. Deliveries will take place during all working days. Palomar Srl can decide to effect delivery by lots, subject to notice to Customer and without that implying any responsibility for Palomar Srl.
Delivery times are indicative but can be considered valid if and until any physical or structural obstacle (ex.: wrong or uncompleted address) or force majeurs event (weather conditions, strikes, etc.) doesn’t occur. The delivery charges, to be added to the price of the products ordered, are automatically calculated and depend mainly on weight and final destination of total order finalized.
In the event that delivery is not possible, due to the absence of the recipient or to inaccuracies in the address, the cost of storage will be borne by the recipient
Art. 7 – Guarantees
Purchases effected thru WWW.PALOMARWEB.COM are subject to regulations, as much as they are enforceable, of Law by Decree 24 dated 02.02.2002 (Official Gazette 57, dd 08.03.2003) about Contracts of Sale and Guarantees on Consumables and, as for what not therein contemplated, to specific provisions on the matter regulated by Civil Code.
The guarantee is applicable to products presenting imperfections or defects in conformity or misfunctioning at the moment of purchase, provided that product is used properly, correctly and carefully, i.e. respecting its obvious use and what foreseen in the technical cards and in compliance with dictations therein indicated.
The guarantee is not applicable in case of negligence and carelessness in use and maintenance.
Art. 8 – Right of withdrawal
According to and within limits of Law by Decree n. 185 dated May 22, 1999, Customer is entitled to exercise his right of Withdrawal, within 10 working days from receipt of goods delivered.
Art. 9 – Modalities for exercising the right of withdrawal
As per and within terms prescribed by hereabove art. 8 of General Sale Conditions, Customer has to notify his right of Withdrawal by registered letter with return receipt or telefax/telegram/e-mail – reconfirmed by registered letter, within the following 48 hours – to the followings:
- Palomar srl
- Via De’ Serragli 9
- 50124 Firenze Italy
- phone +39 055 212160
- e-mail : email@example.com
Palomar Srl will provide for crediting back to Customer the value of products subject of the claim within and not latest than 30 working days after receiving back products subject of the claim. This settlement will be effected thru same channel used and indicated by Customer when performing the relevant purchase, i.e. same credit card and same bank account.
In any case, charges borne for returning products are to be on Customer account.
Palomar Srl will refuse products not returned free of expenses or encumbered by delivery charges not fully paid by Customer; or in case Customer has not acted in accordance with modalities and terms regulated by art. 5 of Law by Decree 185/99 as to notification of right of withdrawal, or in case products aren’t sent back in their original packages or not equipped with all their accessories and/or instructions handbook, if/when any, or any other element originally included.
Art. 10 – Privacy
Under art. 11 and art. 20 of Law n. 675 dated 31/12/96 and following amendments, Customer authorizes and allows Palomar srl – whose registered office is in Firenze Via De’ Serragli 9 – to gather, utilize, communicate and/or release data, as supplied by Customer by filling on line forms and questionaries required to complete and carry out his purchases, including what indicated in the form for withdrawal, for any purpose strictly connected to in-house management (statistics, acceptances feed back, preliminary acquisitions of information aimed to finalize/improve contract and/or finalization, etc.) or closely related to obligations prescribed by laws in force.
Customer is expressly and freely granted by rights indicated in art. 13 of Law n. 675/1996 and following amendments, i.e.:
to ask for confirmation that his personal data are correctly filed at officed of Palomar srl; to know their origin, logic and purposes of their treatment; to obtain their updating, amendment and integration, if/when any; to ask for their cancellation, conversion into anonymous style or to freeze them in case of unlawful use; to oppose their treatment for lawful reasons or in case they are used for mailing advertising leaflets, commercial information, marketing researches, and direct sales, interactive commercials, provided that such a request is sent by registered letter with return receipt to Palomar srl.
Art. 11 – Information and Claims
For any clarifications or claims Palomar Srl can be approached thru his Customer Service at the phone Number +39 055212160 or by e-mail to firstname.lastname@example.org.
Art. 12 – Place of jurisdiction
This contract is subject to and regulated by the Italian Law. For controversies, if any, related to validity, interpretation, execution, fullfilment of this contract the venue is of the Court in Firenze.