SALES CONDITIONS

TERMS AND CONDITIONS

 

General Terms of Sale 

The English translation of these terms and conditions is provided solely for information purposes. In the event of a dispute, the Italian language version of these terms and conditions will apply.

 

1. Website Name and Domain Name Ownership

The following General Terms of Sale (“GTS”) regulate the offering and purchase of products on this Website www.mr-malt.it. The Website as well as the domain name are owned by P.A.B. S.r.l. a socio unico, which has its registered office at 33037 Pasian di Prato (UD) Italy, Via M. Moretti 4 int. 4, VAT number 01950180305.

2. Scope of Application of the GTS and Use of the Website

The offering and purchase of products on this Website represent a distance contract under the rule of Articles 45 et seq. of the Legislative Decree no. 206 of 6 September 2005 (“Consumers’ Code”) and of the Legislative Decree no. 70 of 9 April 2003 about electronic commerce.
These General Terms of Sale apply to all sales made by P.A.B. on the Website, via e-mail or telephone with companies, associations and/or VAT-registered self-employed persons.
The General Terms of Sale can be modified at any time. Any modification and/or new condition will be effective as soon as they are published on the Website under the section “Terms and Conditions”. We therefore invite our users to regularly access the Website and check the latest version of the General Terms of Sale before any purchase.
The applicable General Terms and Conditions are those effective at the time of forwarding the purchase order.

3. Purchase on the Website

Any product purchase on the Website is subject to registration on the same, as illustrated in Article 4. Products can also be purchased via e-mail or telephone, contact details can be found on the Website.

P.A.B. is entitled to reject or cancel any order by:

(1) any user involved in a pending litigation with the Selling Company; 

(2) any user having previously violated these GTS and/or the terms and/or conditions of the purchase agreement with the Selling Company; 

(3) any user having been implicated in whatever kind of fraud and notably in credit card frauds; 

(4) any user having given false, incomplete or however inaccurate identification data, or not having promptly sent the documents required by the Selling Company for the procedure referred to in Article 10, or having sent invalid documents to the Selling Company.

4. Registration on the Website

 The registration on the Website is free of charge. To request registration on the Website the user has to fill in the specific form with his/her name, surname, company name, VAT number, address, including the ZIP code, telephone number, an e-mail address and a password, accept the terms of sale and the privacy statement and click on the “Create an Account” button. Each user can only have one registration on the Website. 

The registration credentials (e-mail address and password) must be stored with the greatest care and attention. They can only be used by the user and they cannot be given to third parties. The user commits to keeping them secret and ensuring that no third party can access them. The user also commits to informing P.A.B. immediately, contacting the number shown on the Website, in case he/she believes or learns about any undue use or disclosure of the same.

 The Registered User guarantees that the personal information given during the registration procedure are complete and true. The Registered User also agrees to indemnify and keep indemnified P.A.B. from all damages, liabilities and/or sanctions deriving from and/or however linked to his/her violation of the rules about the registration on the Website or the storage of the registration credentials.

5. Information for Entering into the Agreement

In accordance with the Legislative Decree no. 70 of 9 April 2003 concerning electronic commerce, P.A.B. informs the user that:

1. to enter into the purchase agreement for one or more products on the Website, the user has to fill in an electronic form and forward it to P.A.B. by electronic means, operating the specific control where the payment is required, following the instructions appearing on the Website from time to time; 
2. the agreement is entered into once the order form reaches the server used by P.A.B.;
3. before forwarding the order form, the user can spot and correct any mistakes in the data entered following the instructions on the Website;
4. after registering the order form and receiving the confirmation of the validity of the payment method used, P.A.B. will send to the e-mail address specified by the user the order confirmation. This will contain: a summary of the general and specific conditions applicable to the agreement, the link to the general terms page, information about the essential features of the product purchased, detailed indication of the price, method of payment used, delivery charges and possible additional costs;
5. the order form will be archived in P.A.B.’s database for as long as it takes to accomplish it and still according to the time limits laid down by law.
6. Product Availability

Product Descriptions will contain the information on the availability of each product. Product availability is constantly monitored and updated. However, since the Website may receive several visits at the same time, several users may try to purchase the same product at the same time. Therefore, in such case the product may appear available for a short time, although it is out of stock or not immediately available. In case the product appears unavailable for the above stated reason or in any other case of unavailability, without prejudice to the rights granted to the user by law, P.A.B. will immediately give the user e-mail notice. P.A.B. will also offer the user: (I) in case product restock is possible, a deferment of the delivery to a new date; (II) in case product restock is not possible, a choice for the user between:

1. the termination of the purchase agreement and the subsequent restitution of the Total Amount Due, composed by product price, delivery charges, if applied, and any other additional cost, as per the order;
2. the supply of a different product, having an equal or higher value, upon payment of the difference in the latter case and subject to user’s acceptance.

The user will promptly inform P.A.B. about his/her choice within 5 working days via e-mail or telephone, contact details can be found on the Website.

In case of orders concerning several products, if only some of the products contained in the multiple order become unavailable, P.A.B. will immediately give the user e-mail notice. P.A.B. will also offer the user: (I) in case restock is possible for the products contained in the multiple order become unavailable, a deferment of the delivery to a new date; (II) in case product restock is not possible, the supply of different products, having an equal or higher value, upon payment of the difference in the latter case and subject to user’s acceptance, in replacement of the products contained in the multiple order become unavailable.

The user will promptly inform P.A.B. about his/her choice within 5 working days via e-mail or telephone, contact details can be found on the Website.

7. Product Information

Each product comes with an information page illustrating its main features. The pictures and descriptions on the Website reproduce product features as accurately as possible. However, product colors may differ from the real ones due to the settings of the IT system or of the computers where users view them. Furthermore, the pictures of the product in the product information page may differ in size or in relation to any additional products. Those pictures are therefore considered indicative and allowance must be made for the usual tolerance values. For the purposes of the purchase agreement, the product description in the order form sent to the user will prevail.

The specifications for food Products include the mandatory information according to Article 14 of Regulation (EU) No 1169/2011 of 25 October 2011. Though being as accurate as possible, the date of minimum durability or the ‘use by’ date stated on the Website may differ from the actual dates, and therefore should be considered indicative. The actual minimum durability or the ‘use by’ date will be made available at the moment of delivery by indication on the label, in accordance with Article 9, paragraph 1, letter f) of that Regulation.

8. Prices

All product prices published on the Website are in Euros and do not include VAT. 

P.A.B. reserves the right to change product prices at any time and without prior notice. Nonetheless, the user will be charged the price indicated on the Website at the time of placing the order and any increase or decrease subsequent to its transmission will not be considered. 

In case a product is offered on the Website at a discounted price, the product description will specify (I) the full reference price on which the discount is calculated and (II) what this full reference price corresponds to. Be it understood that products will be offered at a discounted price only in case the full reference price corresponds to their actual market price. In the absence of any specification, the full reference price is the previous selling price of the product on the website. 

9. Purchase Orders

P.A.B. will send the products only after receiving the confirmation of the payment authorization for the Total Amount Due. 

The purchase agreement is strictly dependent on the payment of the Total Amount Due. In case the payment authorization is not confirmed, the purchase contract will therefore be terminated ex officio. The user will receive notice trough the Website that the transaction was not successful and therefore the order was deleted.

Products ownership will be transferred to the purchaser at the time of shipping, i.e. of delivering them to the carrier. The buyer bears the risks for transporting the goods.

To be able to place a purchase order the present GTS need to be read and approved, by ticking the specific checkbox in the pages of the purchase procedure. If the GTS are not accepted, no purchase can be made on the Website.

10. Payment Methods

Payment for products purchased on the Website may be made by credit card, Paypal, Satispay and bank transfer. On-line payment is made through secure server (SSL 128 bit and protocols Verified by VISA and Mastercard SecureCode) to guarantee transaction safety. Cartasi, Visa and Eurocard/Mastercard credit cards are accepted. At the time of forwarding the purchase order, P.A.B. makes a request to use the user’s credit card for the Total Amount Due indicated on the order form. If the requested authorization is confirmed, the sum corresponding to that amount is reserved and frozen, therefore being no more at user’s disposal. The user’s credit card will be actually debited for the Total Amount Due at the time of shipping the products. In case of multiple orders concerning products to be delivered separately, the user’s credit card will be actually debited at the time of shipping the last product.

Payment by bank transfer is made by selecting “bank transfer” among the payment methods. After our confirmation that all products ordered are available and of the total amount of the shipping, the user can make the bank transfer via his/her bank. The order number communicated at the time of purchase must be specified in the description of payment. The purchased products will be shipped as soon as the payment confirmation is received from the bank (the usual delay for reception of the bank transfer by the bank is 3 - 4 days). Sending the receipt via e-mail speeds up the execution of the order. This method of payment entitles to receive a discount on delivery charges. The details of the bank account where to make the transfer are the following: Unicredit CIN EU: 58 - CIN IT: P - ABI: 02008 - CAB: 05364 C/C: 000102340741 IBAN: IT IT 58 P 02008 05364 000102340741 Payee: P.A.B. S.r.l.

To guarantee safe payments on the Website and prevent any fraud, P.A.B. reserves the right to ask the user via e-mail to send by the same means a duplex copy of his/her own valid identity document or, in case the order is headed to a different person, of this person’s valid identity document. The deadline to send the document to P.A.B. will be stated in the request e-mail but it will not exceed 5 working days after the reception of the request by the user. The user is compelled to send the requested documents within the deadline stated and, in the meanwhile, the order will be suspended.

In case P.A.B. does not receive the requested documents within the deadline stated or it receives expired or invalid documents, the contract will be terminated ex officio pursuant to and in accordance with Article 1456 of the Italian Civil Code and the order will therefore be deleted, notwithstanding P.A.B.’s right to compensation for any damage caused by the user’s incompliant behavior. The user will be notified via e-mail about the termination of the contract within 5 days after the deadline for sending the requested documents to the Selling Company. The termination of the contract will result in the deletion of the order and in the unfreezing of the Total Amount Due for which the authorization was requested.

In case P.A.B. receives valid documents within the deadline stated in the e-mail, the delivery terms applicable to the product will start to run from the date of their reception.
The purchaser guarantees that the information provided to P.A.B. are truthful. The information provided will be used to issue the invoice. No variation will be possible on the invoice after issuance.

11. Product Shipment

The purchased products will be shipped and delivered to the delivery address specified by the purchaser. P.A.B. currently relies on express courier service by BRT S.p.A. and TNT for small shipments, while for larger consignments Pallex services are used. After processing the order, the Selling Company will confirm shipment via e-mail within 1 - 2 working days; estimated delivery time is 3 - 4 working days (excluding therefore Saturdays, Sundays and holidays). At the delivery address there must be someone to receive the goods. Couriers do not generally notify delivery in advance by telephone.

P.A.B. reserves the right to choose other shipment companies based on its own or the Customer’s needs, on convenience or whatever other practical reason. No commitment is made to inform the user in advance about this kind of change, except for prior agreements made with individual Customers.

The amount of delivery charges due is specified in the order confirmation. The shipping costs calculated by the website during the check-out are estimated, the user may be contacted after completing the order for integration.

Delivery is considered completed when the product is made available to the user at the delivery address specified to P.A.B. Home delivery will be performed to street level, unless otherwise provided in the product description or unless the user explicitly asked for delivery to the floor.

The user acknowledges that he/she has a clear obligation to collect the product due to the purchase agreement. In the event of delivery failed because the addressee is absent from the address specified in the order form, the courier will leave in the post box a delivery attempt notice containing its contact number. The courier will make a second delivery attempt on the following day. After two failed delivery attempts, the courier will try to contact the customer by telephone. If this attempt fails as well, the shipment will be kept in storage by the courier. The user will have to collect the shipment within eight calendar days starting from the second day after the date when the delivery attempt notice was left. In case the user does not collect the product within this deadline, the purchase contract will be terminated ex officio pursuant to and in accordance with Article 1456 of the Italian Civil Code and P.A.B. will be entitled to retain the amount paid the user to compensate for the expenses incurred.

In case of multiple orders concerning products to be delivered separately, the procedure above will be applied to each delivery. Consequently, failed collection of the product within the deadline stated will not result in the termination of the whole contract but in partial termination of the same concerning only the uncollected product. In this case, P.A.B. will be entitled to retain the amount paid the user to compensate for the expenses incurred.

It is the user’s duty to check the conditions of the product delivered. We recommend that the user checks the number of products received and that the packaging is intact, undamaged, not wet nor however altered, also in the sealing material (adhesive tape or metal strapping). We also invite the user, in his/her own interest, to specify any alterations on the carrier’s transport document, accepting the shipment with reservation. In fact, if the user accepts the products without reservation, he/she is not entitled to take legal action against the courier in case of lost or damaged products, unless they were lost or damaged by intentional misconduct or gross negligence of the same and except if partial loss or damage were not recognizable at the time of delivery. In the latter event, the damage must be reported as soon as it is known and within eight days after the collection. In case the packaging shows evidence of tampering or alteration, we also recommend that the user promptly informs P.A.B.

12. Right to Withdraw

Goods are not supplied on trial. As a professional, the user is expected to evaluate product features before purchase and is responsible for their correspondence to its/her own needs.

The right to withdraw does not apply to professional users.

13. Conventional Manufacturer’s Guarantee

The products sold on the Website may be covered by a conventional guarantee by the manufacturer (“Conventional Guarantee”), depending on their nature. The user can exercise said guarantee only in respect of the manufacturer. The duration, extension, also territorially, the conditions and the procedure to exercise it, the types of damages/defects covered and any limitations of the Conventional Guarantee depend on each manufacturer and are specified in the so-called guarantee certificate contained inside the product packaging.

14. Applicable Law

The purchase agreement concluded on the Website is governed by Italian law. To the extent not expressly regulated by the terms hereof, the laws applicable to relations and cases provided for in the present contract are valid.

15. Disputes

All controversies related to application, performance and interpretation of the present contract fall under the exclusive jurisdiction of the Court of Udine.

16. Privacy

Under the rule of Article 13 of the Legislative Decree no. 196/2003 “Data Protection Code” and of Articles 13 and 14 of the General Data Protection Regulation (EU) 2016/679 (GDPR), we inform our customer that the processing of personal data provided to P.A.B. during the registration on this Website is mainly aimed at registering the user and accomplishing the purchasing operation.

Data disclosure is optional but if refused the on-line purchasing service will be impossible. The data will be kept for the period necessary to fulfill the purposes for which they were collected, without prejudice to the need for the Data Controller to keep them for a longer period in compliance with legal obligations.

The personal data provided are collected by electronic means and processed, electronically as well, directly or through delegate third parties (transport, debt collection and IT companies, consultants) for the following purposes:

 -                administrative management of orders and purchases;

 -                management of participation in any loyalty programs;

 -                management of requests for information from the customer, for example regarding products.

Employees and collaborators may access customer information for specific needs deriving from their tasks or position, being fully aware of the regulations about privacy and personal data processing, in the procedures necessary or connected to order processing, marketing, sending communications and gifts. Third parties may be involved, i.e. services providers (persons in charge of the processing, external data processors or independent data controllers) strictly functional to the execution of the contractual relationship such as: home delivery carriers, payment services providers, consultants of the Company, data entry companies, call centers etc.

In any case P.A.B. commits to not communicating nor disseminating the data collected to individuals unnecessary for the performance of the above mentioned services or to avoid processing unnecessary, irrelevant or exceeding contractual requests.

Under the rule of Article 7 of the Legislative Decree no. 196/2003 and of the Articles 15-22 of the (EU) Regulation 2016/679 (GDPR), the customer has the right to obtain confirmation as to whether or not personal data concerning him/her exist, regardless of their being already recorded, and communication of such data in intelligible form. The customer has the right to be informed: a) of the source of the personal data; b) of the purposes and methods of the processing; c) of the logic applied to the processing, if the latter is carried out with the help of electronic means; d) of the identification data concerning data controller, data processors and the representative designated as per Article 5, II paragraph; e) of the entities or categories of entities to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing. The customer has the right to obtain: a) updating, rectification or, where interested therein, integration of the data; b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The customer has the right to object, in whole or in part: a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection; b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

The data controller is P.A.B. S.r.l. a socio unico, which has its registered office ad headquarters at 33037 Pasian di Prato (UD) Italy, Via M. Moretti 4 int. 4, VAT number 01950180305.

To exercise the rights as per Article 7 of the Legislative Decree no. 196/2003 and Articles 15-22 of the Regulation (EU) 2016/679 (GDPR), it is necessary to write to P.A.B. S.r.l., Via M. Moretti 4 int. 4, 33037 Pasian di Prato (UD) Italy – [email protected]