Terms and conditions
Online Terms and Conditions of Sale
These conditions are valid exclusively between the company Paint It Black di Silvia Bulgarelli, with registered office in Via Fratelli Rosselli 258 - 41125 Modena (MO), VAT number 03750460366, hereinafter referred to as PAINT IT BLACK and any person who makes purchases online on the website www.paintitblack.cloud and www.paintitblackdesign.cloud hereinafter referred to as ''CUSTOMER''. These conditions may be subject to change and the date of publication on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the site www.paintitblack.cloud, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree 70/2003 on electronic commerce.
1. Object of the contract
With these general conditions of sale, PAINT IT BLACK sells and the CUSTOMER purchases at a distance the tangible and intangible movable assets indicated and offered for sale on the site www.paintitblack.cloud /www.paintitblackdesign.cloud. The contract is concluded exclusively through the Internet, through the access of the CUSTOMER to www.paintitblack.cloud/ www.paintitblackdesign.cloud and the realization of a purchase order according to the procedure provided by the site itself.
The customer undertakes to read, before confirming his order, these general conditions of sale, in particular the pre-contractual information provided by PAINT IT BLACK and to accept them by means of a flag in the box indicated.
In the e-mail confirming the order, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as provided for in art. 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
2. Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005 (IT)
Before concluding the purchase contract, the CUSTOMER takes note of the characteristics of the goods, which are illustrated in the individual product sheets at the time of selection by the CUSTOMER.
Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed about:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- payment methods;
- the term within which PAINT IT BLACK undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (art. 7 of these conditions) as well as the standard withdrawal form set out in Annex I, Part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of a legal guarantee of conformity for the goods purchased;
- conditions of after-sales service and commercial guarantees provided by PAINT IT BLACK.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information relating to PAINT IT BLACK, the geographical address, e-mail address, information which is also given below:
PAINT IT BLACK by Silvia Bulgarelli
Registered Office: Via Fratelli Rosselli 258, 41125 - Modena - Italy
Mail: firstname.lastname@example.org mail
3. Conclusion and effectiveness of the contract
The contract of sale is considered concluded with the sending by PAINT IT BLACK to the CUSTOMER of an e-mail confirming the order. The e-mail contains the CUSTOMER's data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and archive a copy of these conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly notify PAINT IT BLACK of any corrections.
PAINT IT BLACK undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may occur. Furthermore, the photographs of the products presented on www.paintitblack.cloud/www.paintitblackdesign.cloud do not constitute a contractual element, as they are only representative.
PAINT IT BLACK undertakes to deliver the goods within 30 days of PAINT IT BLACK sending the order confirmation e-mail to the CUSTOMER.
4. Availability of products
The availability of products refers to the actual availability at the time the CLIENT places the order. This availability must in any case be considered purely indicative because, as a result of the simultaneous presence on the site of several users, the products may be sold to other CLIENTS before confirming the order.
Even after the order confirmation e-mail sent by PAINT IT BLACK has been sent, partial or total unavailability of the goods may occur. In this case, the order will be automatically corrected with the elimination of the unavailable product and the CUSTOMER will be immediately informed by e-mail.
If the CUSTOMER requests the cancellation of the order, by terminating the contract, PAINT IT BLACK will refund the amount paid within 14 days from the day in which PAINT IT BLACK was aware of the decision of the customer to terminate the contract.
5. Methods of payment
Any payment by the CUSTOMER can only be made by means of the credit cards indicated on the website www.paintitblack.cloud/www.paintitblackdesign.cloud, by bank transfer, with Paypal payment method. In case of payment by Paypal, the actual charge will be made when PAINT IT BLACK sends the order confirmation e-mail.
Payments can also be made with the use of Gift Card and Loyalty Voucher issued by PAINT IT BLACK in particular periods of the year, and in any case on dates set at the discretion of PAINT IT BLACK itself.
Communications relating to payment and the data communicated by the CUSTOMER when this is done are on special protected lines. The security of payment by credit card is guaranteed by certification VBV (Verified by VISA) and SCM (Security Code Mastercard). The means of payment described in this document will be available at the discretion of PAINT IT BLACK but not guaranteed; the CUSTOMER will still be informed before the completion of the order of the permitted methods.
All the sale prices of the products indicated on the website www.paintitblack.cloud are expressed in Euro and include VAT and, where applicable, the Raee contribution.
Shipping costs are not included in the purchase price, but are indicated and calculated at the time of conclusion of the purchase process before payment is made.
The CUSTOMER accepts PAINT IT BLACK's right to modify its prices at any time, however, the goods will be invoiced on the basis of the prices indicated on the website at the time of order creation and indicated in the confirmation e-mail sent by PAINT IT BLACK to the CUSTOMER.
In the event of a computer, manual, technical or any other error that may result in a substantial change, not foreseen by PAINT IT BLACK, in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
7. Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason, within 14 days from the date of receipt of the products.
In the case of multiple purchases made by the CUSTOMER with a single order and delivered separately, the period of 14 days starts from the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal must notify PAINT IT BLACK by explicit declaration, which may be sent by registered letter with return receipt.
The CUSTOMER may also exercise the right of withdrawal by sending any explicit declaration containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014 (not mandatory), the text of which is given below:
Model withdrawal form pursuant to art. 49, paragraph 1, letter h)
(Please fill in and return this form only if you wish to withdraw from the contract)
Paint It Black by Silvia Bulgarelli, with registered office in Via Fratelli Rosselli 258 - 41125 Modena (MO)
I/we (*) hereby give notice (*) that I/we (*) am withdrawing from my/our (*) contract of sale of the following goods/services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
-Address(es) of consumer(s)
- Signature(s) of consumer(s) (only if this form is sent on paper)
- Date and time
(*) Delete where not in use.
In the event of exercising the right of withdrawal, the CUSTOMER must return the goods within 14 days from the day on which he informed PAINT IT BLACK of his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to PAINT IT BLACK di Silvia Bulgarelli - Via Fratelli Rosselli 258 - 41125 Modena (MO).
The direct costs of returning the products are to be borne by the CUSTOMER.
The goods must be returned intact, in their original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, PAINT IT BLACK will refund the amount of products subject to withdrawal within a maximum of 14 days, excluding any shipping costs.
As provided by art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, PAINT IT BLACK may suspend the refund until receipt of the goods or until the CUSTOMER has demonstrated that he has returned the goods to PAINT IT BLACK.
PAINT IT BLACK will make the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In the case of payment by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, must provide PAINT IT BLACK, accessing the contact section, the bank details: IBAN, SWIFT and BIC necessary to make the refund, by PAINT IT BLACK.
In case of withdrawal for the purchase made by gift card and loyalty card, the amount will be returned to the CLIENT with a voucher identified with a promotional code that will be sent to the email address of the CLIENT, the amount will be returned with a voucher delivered to the CLIENT.
The purchase voucher will be valid for 2 years and can be used by the CLIENT for subsequent purchases in one go.
The products supplied with the "Print on demand" system, given the nature of a customized product at the request of the CUSTOMER, are not refundable under any circumstances.
8. Legal guarantee of conformity
In the event of receipt of products that do not conform to the orders or are defective, the CUSTOMER has the right to have the conformity of the product restored at no cost by repairing or replacing the product. The CUSTOMER may exercise this right if the defect occurs within two months of delivery of the goods and reports the defect to PAINT IT BLACK within two weeks of discovery.
Subsequently, the customer must proceed with the creation of a returnable computer file by accessing the "My orders" section of the "My PAINT IT BLACK account" space on the website www.paintitblack.cloud/www.paintitblackdesign.cloud.
PAINT IT BLACK, in case of defective or non-compliant product, will arrange, at its own expense, to collect the product, subject to availability of the CUSTOMER.
9. Commercial warranty
All products presented on the website www.paintitblack.cloud/www.paintitblackdesign.cloud benefit, in addition to the legal guarantee of conformity referred to in the previous article, from a commercial guarantee whose duration is mentioned on the product sheets of the articles.
To benefit from the warranty service, the CUSTOMER must keep the invoice, which can be printed by accessing the "My orders" section of the "My PAINT IT BLACK account" space.
10. Methods of delivery
PAINT IT BLACK will accept orders for delivery to the territories listed on the "Shipping" page. The products will be delivered by ordinary mail/express courier to the address indicated by the CUSTOMER at the time of order no later than 30 days from the date of receipt by the CUSTOMER of the e-mail order confirmation sent by PAINT IT BLACK.
For each order placed on the website www.paintitblack.cloud/www.paintitblackdesign.cloud, PAINT IT BLACK issues a receipt/invoice of the goods shipped. The receipt/invoice is available and printable, after the order has been processed, in the "My orders" section of the "My PAINT IT BLACK account" space of the CUSTOMER. The receipt/invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the invoice.
PAINT IT BLACK does not assume any responsibility for disruptions due to force majeure or fortuitous events, even if dependent on malfunctions and disruptions of the Internet, in the event that it is unable to execute the order in the time provided for in the contract.
12. Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether they be sound or visual, and the related technology used remain the property of PAINT IT BLACK and are protected by intellectual property rights.
PAINT IT BLACK informs the Customer of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
These General Terms and Conditions of Sale consist of all the clauses that compose them. If one or more of the provisions of these General Terms and Conditions of Sale is considered invalid or declared invalid under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
15. Applicable law and jurisdiction
These General Terms and Conditions of Sale are subject to Italian law.Any dispute that is not amicably resolved shall be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
|General conditions of sale updated on 09 June 2017|