Sales Conditions
1. SUBJECT MATTER
1.1. Gruppo Pritelli is a well-established company with its registered office in Cattolica, Via Respighi 54, office 4 (VAT No. 02600380402). It operates in the production and distribution of clothing as well as in the production, distribution, and sale of merchandising items.
1.2. These general terms and conditions of sale govern the purchase contract relating to any purchase made through the website www.spaziopritelli.com (hereinafter the “Website”). Gruppo Pritelli S.r.l. is the owner of the Website.
1.3. Any purchase of products made through the Website is entered into between Gruppo Pritelli S.r.l. (hereinafter the “Seller”) and the purchaser (hereinafter the “Consumer”) (Seller and Consumer hereinafter collectively referred to as the “Parties”).
1.4. Any communication from the Consumer connected and/or related to this contract – including, but not limited to, reports, complaints, requests regarding the purchase and/or delivery of products, the exercise of the right of withdrawal, etc. – must be sent to the Seller by email at: orders@spaziopritelli.com.
1.5. Each purchase is subject to the general terms and conditions of sale published on the Website at the time the contract is concluded, as established in Article 3.
1.6. The Website is intended for retail sales and, as such, is reserved exclusively for consumers. The possibility of purchasing products on the Website is therefore limited solely to “consumers”, meaning natural persons acting for purposes unrelated to their entrepreneurial, commercial, craft, or professional activity. All parties who are not “consumers” are invited not to place purchase orders through the Website. In the unlikely event that the purchaser cannot be qualified as a Consumer, such purchaser shall not be entitled to the right of withdrawal under Article 10 of these general terms and conditions of sale, nor to the statutory warranty of conformity under Article 8, and in any case the rules set forth by the Consumer Code shall not apply.
1.7. By placing an order, the Consumer accepts that all information relating to the order and the general terms and conditions of sale contained in this contract will be sent by email to the address declared during registration on the Website or during the purchase process. The Seller reserves the right not to process orders from parties other than “Consumers” or orders that do not comply with its commercial policy.
1.8. To validly conclude this contract, the Consumer must be of legal age (18 years) and possess the legal capacity to act, which the Consumer declares to have.
1.9. Any costs related to Internet connection to the Website, including telephone charges, shall be borne exclusively by the Consumer according to the rates applied by the operator selected by the Consumer.
2. PRODUCT FEATURES AND GEOGRAPHICAL AVAILABILITY
2.1. The products are sold by the Seller with the characteristics described on the Website at the time the Consumer submits the order, in accordance with these general terms and conditions of sale published on the Website at the time of the order, excluding any other condition or term.
2.2. The Seller reserves the right to modify these general terms and conditions of sale at any time, at its sole discretion, in compliance with applicable law. Products are offered according to the terms and conditions of sale indicated on the Website at the time the order is placed, and while supplies last. Any changes to the general terms and conditions of sale shall take effect from the date of their publication on the Website and shall apply only to contracts concluded after that date.
2.3. Prices and products offered for sale on the Website are subject to change without notice. Therefore, before submitting the purchase order pursuant to Article 3 below, the Consumer is requested to check the final sale price.
2.4. The Seller reserves the right, without prior notice, to modify the products available on the Website or to alter their features at any time, without obligation or liability.
2.5. The Seller reserves the right to make changes and improvements to any product offered on the Website, without any obligation to apply such changes to products already sold. Therefore, modifications do not apply to goods already purchased.
2.6. Users from all over the world may access the Website, which may contain references to products that are not available or purchasable in the visitor’s country.
2.7. Products listed on the Website or intended for sale are reserved exclusively for sale in the countries listed on the Website at the time the order is placed.
3. CONCLUSION OF THE CONTRACT
3.1. The presentation of products on the Website, which is not binding on the Seller, constitutes merely an invitation to the Consumer to submit a contractual purchase proposal and does not represent a public offer.
3.2. The purchase order transmitted by the Consumer to the Seller via the Website constitutes a contractual proposal and is subject to these general terms and conditions of sale, which form an integral part of the order itself. By transmitting the order to the Seller, the Consumer fully and unreservedly accepts these general terms and conditions of sale. Before proceeding with the purchase of products by submitting the order, the Consumer will be asked to carefully read these general terms and conditions of sale and the Withdrawal Policy, to print a copy using the print command, and to save or reproduce a copy for personal use. The Consumer will also be asked to identify and correct any errors in the entry of personal data.
3.3. The Consumer’s purchase order is accepted by the Seller by sending an order confirmation email to the Consumer, at the email address provided at the time of registration on the Website or, if not registered, at the time of the order. The confirmation email includes the summary of the order placed and a description of the product ordered. The Consumer’s order and the Seller’s confirmation will be stored electronically in the Seller’s IT systems, and the Consumer may request a copy by sending an email to orders@spaziopritelli.com.
3.4. The contract shall be deemed concluded when the Consumer receives the order confirmation from the Seller via email.
4. PRODUCT SELECTION AND PURCHASE PROCESS
4.1. Products presented on the Website may be purchased by selecting the desired items and placing them in the virtual shopping cart. Once the selection is complete, in order to proceed with the purchase of the products placed in the cart, the Consumer will be invited to: provide the required data as a “Guest”, register on the Website by providing the required information, or log in if already registered.
4.2.To complete the purchase, the Consumer will be required to verify personal details (including but not limited to: first name, last name, etc.), as well as the delivery address for the selected products, the billing address, and a telephone number for communications regarding the purchase, if different from the information provided during registration.
4.3. The Consumer will then be shown an order summary, which can be modified. After carefully reviewing it, the Consumer must expressly approve these general terms and conditions of sale, including specific clauses requiring separate approval, by selecting the appropriate check-box on the Website. Finally, by clicking on the “place order” button, the Consumer will be required to confirm the order, which will then be definitively sent to the Seller and produce the effects described in Article 3 above. Submitting the order entails a payment obligation.
4.4. The Consumer will also be asked to choose a payment method from those available: credit card or PayPal. If the Consumer chooses immediate payment (at the time of purchase) via credit card or PayPal, the relevant information must be provided through a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details provided by the Consumer. If payment is made by credit card, the purchase amount will be charged when the order is received by the Seller.
5. DELIVERY AND ACCEPTANCE OF PRODUCTS
5.1. The Website generally indicates the availability of products and the estimated delivery times. Such information is purely indicative and not binding on the Seller.
5.2. The Seller undertakes to do its best to respect the delivery times indicated on the Website and, in any case, to deliver the products within a maximum of thirty (30) days from the Consumer’s order confirmation. For products ordered on request and not immediately available, delivery will take place within thirty (30) days from availability in stock. The Consumer may withdraw until notification of availability has been received.
5.3. As product availability indicated on the Website cannot be guaranteed, if a product ordered by the Consumer is not available, the Consumer will be promptly informed by the Seller, and any payment already made will be refunded without delay.
5.4. The Seller will ship the products using the methods indicated on the Website, and the Consumer undertakes to check promptly, and in any case no later than twenty-eight (28) days from receipt of the products, that the delivery is correct and includes all and only the products purchased. Within this period, the Consumer must inform the Seller of any discrepancies by sending an email to orders@spaziopritelli.com according to the procedure set out in Article 11 of this contract. If the package or packaging of the ordered products arrives visibly damaged, the Consumer is encouraged to refuse delivery from the carrier or to accept it “with reservation.”
5.5. After twenty-eight (28) days, the delivered products will be deemed definitively accepted by the Consumer.
5.6. If delivery cannot be completed due to customs clearance issues, failure to pay duties/taxes/fees, or refusal of collection by the Consumer, the shipment may be returned to sender or held in storage at the discretion of the courier/customs authorities. In such cases, all storage, clearance, inspection, return, and administrative handling costs will be borne exclusively by the Consumer.
5.7. The Consumer is required to actively cooperate in customs clearance (e.g., promptly providing documentation, tax codes/ID, authorizations, and any information requested). Any delay or inaction attributable to the Consumer shall constitute breach of contract and does not entitle the Consumer to withdraw by refusing delivery.
5.8. In the event of return to sender, the Seller may deduct from any refund due to the Consumer all amounts actually incurred and documented for: (i) customs procedures and charges already applied; (ii) storage costs; (iii) return transport costs; (iv) reasonable administrative handling fees.
5.9. If, due to reasons attributable to the Consumer, the goods are seized, abandoned, or destroyed by the competent authorities, no refund shall be due; the Seller shall in any case retain the right to claim compensation for further damages.
5.10. Any refund (if due) will be made only after the physical return of the goods to the Seller’s warehouse, verification of integrity, and deduction of the above-mentioned expenses.
6. PRICES, DELIVERY COSTS AND TAXES
6.1. The product price is the one indicated on the Website at the time the Consumer submits the order. Prices shown on the Website include VAT and packaging; they do not include shipping costs, which will be communicated to the Consumer before purchase confirmation and which the Consumer agrees to pay in addition to the price indicated on the Website. Prices also exclude any customs duties or local taxes of any kind that may be due according to the laws of the country of delivery.
6.2. At the time the order is created, the specific shipping costs for the destination country will be displayed on the Website, and the Consumer agrees to pay them in addition to the price of the ordered products.
6.3. The Consumer shall pay the Seller the total price, as indicated in the order and confirmed in the order confirmation email sent by the Seller to the Consumer.
6.4. If the products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation (inclusive of VAT and packaging) is net of customs duties and any other sales taxes. The Consumer undertakes to pay such duties or taxes, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the applicable laws of the country in which the products will be delivered. The Consumer is advised to contact the competent authorities in the country of residence or destination for further information on any duties or taxes applicable.
6.5. Any additional costs, charges, taxes, customs duties, and/or levies applied for any reason by the country of delivery of the ordered products shall be borne exclusively by the Consumer.
6.6. The Consumer acknowledges that lack of knowledge of the costs, charges, duties, taxes, and/or levies referred to in paragraphs 6.4 and 6.5 shall not release the Consumer from liability. Lack of awareness of such costs or refusal to pay them does not constitute a valid reason to terminate the contract and does not justify refusal of delivery or completion of customs clearance.
6.7. In the event of failed customs clearance, refusal of goods, or return to sender, the Consumer hereby authorizes the Seller to withhold from any refund: (i) duties and taxes actually charged; (ii) customs clearance and handling fees; (iii) return and initial shipping costs (if not already withheld); (iv) storage costs and reasonable administrative expenses.
6.8. If, upon return, the products are found not to be intact, resellable, or are devalued for reasons not attributable to the Seller, the Seller may, in addition to the sums referred to above, withhold an amount equal to the ascertained devaluation, or deny the refund in cases of total loss.
6.9. The Seller shall provide documentary evidence of the withheld costs upon simple request from the Consumer at the email address indicated in these terms.
NEW ART. 6-BIS — CUSTOMS OBLIGATIONS, REFUSAL AND RETURN OF GOODS
6-bis.1. For shipments to non-EU countries, the Consumer is considered the importer and undertakes to complete all customs formalities required by the laws of the destination country, including but not limited to tax registrations, provision of identification codes, declarations, and documents.
6-bis.2. The Consumer undertakes not to use the right of withdrawal as a means of evading customs charges and acknowledges that refusal of delivery or failure to complete customs clearance does not constitute valid exercise of the right of withdrawal.
6-bis.3. If, due to the Consumer’s actions or omissions, the shipment is not cleared within the deadlines established by customs authorities or the courier, the Seller may: (i) request the return of the goods; (ii) agree to abandonment or destruction if imposed by authorities; (iii) charge the Consumer all related costs, as provided in paragraphs 5.6–5.10 and 6.7–6.9.
6-bis.4. Where necessary to release the shipment, the Consumer authorizes the courier/shipping agent and its customs brokers to file declarations on their behalf, with all related costs and responsibilities remaining at the Consumer’s expense.
7. PAYMENTS
7.1. Orders placed through the Website may be paid by Credit Card or PayPal, under the conditions described below.
7.2. If payment is made by Credit Card, the Consumer will be redirected to a secure site and the credit card details will be communicated directly to Shopify, which manages payments on behalf of the Seller. The Seller will not have access to such data under any circumstances.
7.3. The Seller will promptly issue the invoice/fiscal documentation for the purchase, attaching it in paper form to the purchased products.
8. LEGAL WARRANTY OF CONFORMITY, REPORTING DEFECTS AND WARRANTY SERVICE
8.1. In accordance with European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (Consumer Code), the Seller guarantees to the Consumer that the products are free from lack of conformity with respect to the sales contract and the information published on the Website, for a period of 2 (two) years from the date of delivery to the Consumer.
8.2. Under penalty of forfeiture, the Consumer must report the lack of conformity to the Seller within 2 (two) months from the date on which the defect was discovered, by sending an email to: orders@spaziopritelli.com. Proof of purchase (invoice and/or receipt) and appropriate photographic documentation of the reported non-conformity must be provided.
8.3. Any warranty shall be excluded if the product has been used in a manner inconsistent with its intended use or contrary to the instructions/warnings provided by the Seller and/or the product manufacturer.
8.4. Upon receipt of the report under paragraph 8.2, the Seller may request further photographic evidence of the reported non-conformity or may indicate the procedures for returning or making the product available for inspection, including by the manufacturer.
8.5. The Seller, through the manufacturer’s service, will carry out quality checks to verify the actual non-conformity of the product and will provide feedback to the Consumer via email at the address provided during registration or the ordering process.
8.6. If the product’s non-conformity is confirmed, the Seller will either refund the Consumer the price paid (including shipping costs incurred for returning the non-conforming product), or alternatively, at no cost to the Consumer, repair the product or replace it with a new one. In this case, the non-conforming and replaced product becomes the property of the Seller.
8.7. The refund shall be made by the Seller to the Consumer using the same means of payment used for the original purchase.
9. LIABILITY FOR DAMAGE CAUSED BY DEFECTIVE PRODUCTS
9.1. With regard to any damages caused by a defective product, the provisions of European Directive 85/374/EEC and Italian Legislative Decree No. 206/2005 (Consumer Code) shall apply. The Seller, acting as distributor of the products through the Website, disclaims all liability, without exception, by providing the name of the relevant manufacturer of the product.
10. RIGHT TO WITHDRAWAL
10.1. The right of withdrawal may only be exercised after delivery to the Consumer; therefore, refusal of delivery, failure to complete customs clearance, or failure to pay duties/taxes/customs fees do not constitute valid exercise of the right of withdrawal.
10.2. The Consumer has the right to withdraw from this contract, without penalty, within twenty-eight (28) days from the day of receipt of the ordered products, for any reason and without having to provide justification.
10.3. The Consumer may exercise the right of withdrawal within the above deadline by sending a request to the following email address: orders@spaziopritelli.com.
10.4. Within twenty-eight (28) days thereafter, the Consumer shall return the products to:
GRUPPO PRITELLI S.r.l.
E-COMMERCE SPAZIO PRITELLI
Via Ottorino Respighi, 54/4
47841 Cattolica (RN)
Italy
Customers are reminded to fill out the return label with the required information and attach it to the outside of the package.
10.5. It is understood that the risks and transport costs related to the return of products to the Seller shall be borne by the Consumer.
10.6. In order for the right of withdrawal to be validly exercised, the products must be delivered or otherwise returned to the Seller intact (without any sign of wear, abrasion, scratches, dents, deformation, odors, etc.), complete with all their parts and accessories, accompanied by instructions/notes/manuals, original packaging and boxes, and warranty certificates, if any. Failure to comply with the above will result in the Consumer not being entitled to a refund. For this purpose, it is recommended to cover the original packaging with additional protective wrapping to preserve its integrity and protect it during transport, including from writings or labels.
10.7. The Seller will take delivery of the returned products, reserving the right to verify that they have been returned in the conditions described in paragraph 10.6.
10.8. Once the Seller has verified compliance with paragraphs 10.1–10.6, it will refund the Consumer the price of the products only. The following shall be excluded from refund: (i) original shipping costs, (ii) any duties, taxes, and customs charges already incurred, (iii) return costs (including re-import customs duties, if applicable), which shall remain the responsibility of the Consumer or be deducted from the refund if prepaid by the Seller.
10.9. The refund shall be made by the Seller to the Consumer using the same payment method used for the original purchase.
10.10. If the goods do not reach the Consumer due to reasons attributable to the Consumer (such as failure to clear customs, refusal of delivery, or lack of cooperation), this does not constitute a right of withdrawal but rather a breach of contract by the Consumer, with the application of deductions as provided in Articles 5 and 6.
10.11. In the event of return under the circumstances described in paragraph 10.10, any refund (if due) shall be net of expenses and charges actually incurred by the Seller, documented upon request. 10.12. It is understood that products returned not intact or missing packaging/accessories/documentation may be partially refunded or not refunded at all, depending on the depreciation determined.
11. OTHER RETURN CASES
11.1. If the Consumer finds, within the period referred to in paragraph 5.4, that the received product does not match the one ordered, the Consumer may report it within the same twenty-eight (28) day period by writing to orders@spaziopritelli.com and attaching photos.
11.2. After verification, if the Seller confirms that the delivered product does not correspond to the one ordered, the Consumer will be asked to return the product within the following twenty-eight (28) days to:
GRUPPO PRITELLI S.r.l.
E-COMMERCE SPAZIO PRITELLI
Via Ottorino Respighi, 54/4
47841 Cattolica (RN)
Italy
Customers are reminded to fill out the return label with the required information and attach it to the outside of the package.
11.3. The product must be returned intact (without any sign of wear, abrasion, scratches, dents, deformation, odors, etc.), complete with all its parts and accessories, accompanied by instructions/notes/manuals, original packaging and boxes, and warranty certificates, if any, and in the same condition as delivered to the Consumer. Otherwise, the Consumer will not be entitled to any refund and/or replacement.
11.4. The Seller will reimburse the Consumer for the shipping costs incurred for returning the product and will send the correct product ordered at no additional cost, as soon as possible and subject to availability. If not available, the Seller will refund the price paid for the product plus the shipping costs.
11.5. The refund shall be made by the Seller to the Consumer using the same payment method used for the original purchase.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. The Consumer acknowledges that all content on the Website is protected by copyright and other applicable intellectual property laws: all rights are the exclusive property of Gruppo Pritelli S.r.l. (Seller and Website owner).
12.2. The contents of the Website may not be reproduced, in whole or in part, transmitted by electronic or conventional means, modified, or used for any purpose without the prior written consent of Gruppo Pritelli S.r.l. (Seller and Website owner).
13. CONSUMER DATA AND PRIVACY PROTECTION
13.1. In order to register, place an order, and thus conclude this contract, certain personal data will be requested from the Consumer through the Website. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller in accordance with Italian Legislative Decree No. 196/2003 and subsequent amendments – Privacy Code – in order to execute this contract and, with the Consumer’s prior consent, for any further activities indicated in the privacy notice provided through the Website at the time of registration.
13.2. The Consumer declares and guarantees that the data provided to the Seller during registration are accurate and truthful.
13.3. The Consumer may update and/or modify personal data provided to the Seller at any time via the “My Account” section of the Website, accessible with authentication.
13.4. For more information on how the Consumer’s personal data are processed, please refer to the Privacy Policy section and carefully read the General Terms of Use.
14. SECURITY
14.1. Although the Seller adopts measures designed to protect personal data against loss, falsification, manipulation, and misuse by third parties, due to the characteristics and technical limitations of protecting electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Website, even after authentication (login), will not be accessible or viewable by unauthorized third parties.
15. FORCE MAJEURE
15.1. The Seller shall not be held liable in the event of total or partial failure to fulfill its obligations under this contract if such failure is caused by unforeseeable events and/or natural disasters, acts of terrorism, wars, civil unrest, power outages, general strikes by public and/or private workers, strikes and/or restrictions concerning courier services and air connections.
16. JURISDICTION, APPLICABLE LAW, COMPETENT COURT
16.1. Pursuant to these general terms and conditions of sale, this contract shall be governed and interpreted exclusively in accordance with Italian law. In any case, the rights that may be granted to the Consumer by mandatory provisions of the law in force in the Consumer’s country of residence shall remain unaffected.
16.2. The Parties expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
16.3. Any dispute arising out of or in connection with this contract shall be subject to Italian jurisdiction and the exclusive competence of the Court of Rimini, Italy.
16.4. For all matters not expressly provided for herein, the applicable provisions of Italian law shall apply and, specifically for Consumers, the provisions of Section II, Chapter I, Title III of Italian Legislative Decree No. 206/2005 and subsequent amendments (Consumer Code).
17. ASSIGNMENT
17.1. The Parties may not assign or otherwise transfer any of their rights or obligations under this contract to third parties without the prior written consent of the other Party.
18. VALIDITY OF CLAUSES
18.1. The headings of the clauses used herein are purely indicative and shall have no effect on the identification, content, or interpretation of this contract.
18.2. These terms shall not prejudice the rights granted under Italian law to Consumers acting as such, nor the rights guaranteed by mandatory provisions of the law applicable to the Consumer.
18.3. Should any clause or part of a clause of these general terms and conditions be deemed invalid because it conflicts with or contravenes a legal provision, all other clauses of this agreement or parts of the same clause shall remain fully valid and effective.
19. FINAL PROVISIONS
19.1. This contract replaces all previous contracts, agreements, and understandings between the Parties and, together with the order, the order confirmation, and the Website’s general terms of use, constitutes the entire agreement between the Parties with respect to its subject matter.
19.2. The Consumer declares that they have not been induced to adhere to this contract by any prior oral statements.
19.3. Any amendment or modification to this contract must be agreed in writing by both Parties. The following clauses of the general terms and conditions of sale are specifically approved after careful reading: Article 4 (procedure for selection and purchase of products), Article 6 (prices, shipping costs, taxes, duties), Article 10 (right of withdrawal), Article 16 (jurisdiction, applicable law, competent court).
The Parties further declare that they have specifically read and approved the following clauses of the general terms and conditions of sale: Article 4 (product selection and purchase process), Article 6 (prices, delivery costs and taxes), Article 10 (right of withdrawal), Article 16 (applicable law, competent court).