1. Introduction 1.1. The sale of "PRONOIS" branded products concluded remotely through this site (hereinafter referred to as the "Website") is governed by the following General Conditions of Sale. The products offered on the Site are sold directly by PI.MA. srls (hereinafter referred to as "PRONOIS"). Pronois is a company incorporated under Italian law, with registered office in Via dei Venti 42.44 – 09134 Cagliari (CA) – Italy, VAT number, tax code and Cagliari Company Register number 03991840921, REA no. CA 354750, email info@pronois.studio.
1.2. The use of the remote sales service governed by these General Conditions of Sale is reserved exclusively for consumers (hereinafter referred to as “Customer” or, in the plural, “Customers”) understood as natural persons who act for purposes not related to commercial, entrepreneurial, artisanal or professional activity possibly carried out, over the age of 18 (or, if minors, authorized by their legal representative).
The resale or transfer for any commercial or professional purpose of the products purchased on the Website is expressly prohibited.
1.3. The products offered for sale on the Website may be delivered in Italy and to all other international destinations, excluding Russia, Iran and North Korea.
1.4. The languages used for the conclusion of the sales contract through this website are: Italian and English.
1.5. These General Conditions of Sale are published on the Website in order to allow them to be known as well as memorization and reproduction by the Customer in accordance with current legislation.
1.6. The purchase of products is governed exclusively by the General Conditions of Sale published on the Website and in force at the time of purchase.
PRONOIS reserves the right to make changes and/or additions to these General Terms and Conditions of Sale at any time.
Any changes and/or additions will be effective only in relation to purchases made after the date of publication of the new version of the General Conditions of Sale.
The replacement of these General Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability of the same towards PRONOIS in relation to purchases made after their elimination from the Website and this also in the case in which said General Conditions of Sale Sale are in any case consultable and/or accessible to the public through other websites, other than the one indicated above.
- Availability of products
2.1. The Customer acknowledges that the products offered by PRONOIS on the Website (hereinafter referred to as the “Products”) are limited in number and is therefore aware that PRONOIS will have to check their availability at the time of purchase.
2.2. Inconveniences may occasionally occur in relation to the availability of certain Products. In such circumstances, PRONOIS will inform the Customer promptly (and in any case within the terms specified below) by e-mail of the cancellation of his order.
In the case of only partial availability, the customer will be informed. Therefore, the Customer agrees to receive only the Products available, unless he has selected the option to receive the entire order on the Site. In this case the Customer will be asked if he prefers to receive the available Products or proceed with the total cancellation of the order.
2.3. PRONOIS reserves the right to vary the items offered for sale on the Website at any time, without notice.
- Purchase procedure
3.1. Each Product offered for sale on the Website can be viewed via a specific link which allows you to view the photographic images of the item, the unit price, the colors and the different sizes (where existing).
3.2. The Customer may purchase one or more Products, for a maximum of 4 units for each Product. PRONOIS reserves the right to modify the limits on the quantities of Products that can be purchased through the Website at any time.
3.3. The Products chosen by the Customer will be placed in a special section (hereinafter referred to as the “Cart”).
The description of the Products, including the measurements or sizes (where existing), together with one or more photographic images in digital format, which allow a correct representation of the Products, will be included in the Customer’s Cart.
3.4. Although PRONOIS constantly adopts measures aimed at ensuring that the photographs shown on the Website faithfully reproduce the original products, some variations are always possible due to the technical characteristics and color resolution of the device used by the Customer. Consequently, PRONOIS will not be responsible for any inadequacy of the graphic representations of the Products shown on the Website if due to the aforementioned technical reasons.
3.5. To view the selected Products and the total price of the purchase order, it is necessary to access the Cart page.
The Customer, before confirming his order proposal (hereinafter referred to as the “Order Proposal”), is required to verify the accuracy of the contents of the Cart and to complete the purchase form according to the instructions provided on the Site Internet.
3.6. The purchase procedure ends when the Customer selects the appropriate final order confirmation button (hereinafter referred to as the “Purchase Button”), thus validating his Order Proposal, which will be sent directly to PRONOIS .
After selecting the Purchase Button, the content of the Order Proposal can no longer be modified by the Customer.
3.7 Before confirming the Order Proposal, the Customer must declare that he has read and accepted these General Conditions of Sale. At the end of the purchase procedure, the Customer should save or print the General Conditions of Sale.
3.8. The purchase procedure must be completed in full; otherwise, the Order Proposal cannot be sent to PRONOIS.
3.9. Each Order Proposal and the Customer’s data necessary for the purchase will be filed by PRONOIS for the period of time and in compliance with the conditions established by current legislation.
Any use of the data for purposes other than the purchase will be subject to a prior and express consent of the Customer, on the basis of the conditions specified in the “Privacy Policy” published on the Website.
3.10. Customers who have registered in the reserved area of the Website will be able to check the status of their order by logging into this area and entering the page relating to their orders.
3.11. The Customer is aware that he is responsible for the correctness and truthfulness of all the data entered on the Website or in any case used during the purchase phase.
- Conclusion of the contract
4.1. Following confirmation of the Order Proposal, the order is sent to PRONOIS to be processed and cannot be further modified. The acceptance of the Order Proposal by PRONOIS and the conclusion of the contract will take place according to the provisions of point 4.2 below.
4.2. The contract stipulated between PRONOIS and the Customer must be considered concluded when the Customer receives one or more confirmation emails from PRONOIS (hereinafter referred to as the “Confirmation Email”).
The Confirmation Email will be sent to the address indicated by the Customer in the purchase form and will contain the confirmation and summary of the conditions of the purchase, such as: the description of the Product and its main characteristics, the total price of the order , including any shipping costs, the address for submitting any complaints, information on after-sales assistance services, the existence of the right of withdrawal and the relative methods of exercising it.
4.3. PRONOIS reserves the right not to accept the Order Proposal issued by a Customer in the following cases:
a) unavailability of the Products included in the Proposal;
b) existence of a legal dispute between PRONOIS and the Customer relating to a previous order;
c) if it has emerged that the Customer purchases the Products for the purpose of reselling or transferring them for commercial or professional purposes;
d) if the Customer has been involved or is suspected of illegal or fraudulent activities.
In the aforementioned hypotheses, PRONOIS will inform the Customer by e-mail, within 30 (thirty) days from the date of effective receipt of the Order Proposal, of any cancellation of the orders received. In this case, no Order Proposal shall be considered accepted by PRONOIS and no contract shall be considered concluded between PRONOIS and the Customer.
- Price and Method of Payment
5.1. The prices of all the Products offered for sale on the Website are inclusive of VAT.
5.2. These prices will be indicated in Euros (EUR) for the Products to be delivered in Italy and in the rest of the world.
5.3. The total amount of the price shown in the Cart includes any shipping costs, which will be indicated separately.
In any case, PRONOIS will ask for the Client’s express consent for any additional additional costs.
5.4. PRONOIS only accepts credit cards and other payment methods expressly indicated on the Website.
5.5. For the purposes of payment by credit card, the Customer confirms and guarantees that he is the holder of the credit card used for the purchase and the correctness of all the data relating to it, entered during the purchase phase, such as: number, date expiration date and, if necessary, the security code.
The transaction will be charged to the Customer only after:
(i) verification of credit card details, (ii) receipt of debit authorization from the company issuing the credit card used by the Customer and (iii) confirmation of product availability by PRONOIS and in any case after the order is ready to be processed.
5.6. For the purposes of payment through other payment service providers, the Customer confirms and guarantees that he is the holder of the account used for the purchase.
The transaction will be charged to the Client only after the latter has received the Confirmation Email from PRONOIS.
5.7. The shipment of the purchased Products will be made only after the payment of the amount due by the Customer has been successful.
In the event that, for any reason, the debiting of the amounts due by the Customer proves impossible, the sales process will be automatically canceled and the sale cancelled, as per the communication that will be sent to the Customer.
5.8. In the event that one or more Products are unavailable and the Customer has decided not to cancel the order in full, only the price and any shipping costs relating to the available Products will be charged.
- Delivery
6.1. Customers will receive the Products separately as soon as they are ready for shipment, unless the Customer has selected the option on the Site to receive the entire Order in a single shipment. The Products will be shipped to the address indicated by the Customer in the Order Proposal. The Customer’s signature will be required upon delivery of the Products.
6.2. For security reasons, PRONOIS will not process any order addressed to a post office box, nor will it accept any order in which it is not possible to identify the natural person receiving the order and its address.
6.3. The Products sold on the Website may only be delivered to the countries indicated above (article 1.3). Therefore, any Order Proposals with shipments to be made outside these countries will be automatically rejected during the order processing procedure.
6.4. In cases where the shipping costs are charged to the Customer, these will be expressly indicated, separately from any other cost or expense, at the conclusion of the procedure for completing the Order Proposal and prior to the selection of the Purchase Button by the Customer.
6.5. In accordance with current legislation, the maximum term within which PRONOIS will have to deliver the purchased Products is 30 (thirty) days from the date of conclusion of the contract and with the exception of force majeure events.
In the event that the relevant Order concerns Pre-Ordered Products and/or Customized Products, the delivery date will be more than 30 days and PRONOIS will deliver such Products on the estimated delivery date or during the estimated delivery period agreed with the Customer , as specifically indicated to the Customer on the Product description page.
6.6. If PRONOIS does not deliver the Products ordered within the aforementioned deadline, the Customer must ask PRONOIS to deliver within an additional deadline appropriate to the circumstances, in accordance with current legislation.
The Customer has the right to immediately terminate the contract if the ordered Product is not delivered within the additional term indicated, if any.
6.7. PRONOIS will have the right to divide the Order into multiple shipments, based on the availability of the Products for delivery, and the Customer will receive the Products separately based on their availability for shipment, unless he has selected the option on the Site to receive the entire Order in one shipment. PRONOIS may charge the price to the Customer separately only for the Products actually shipped or in a single solution.
6.8. Upon shipment of the purchased Product, the Customer will receive an e-mail at the address indicated in the Order Proposal. PRONOIS Customer Service will assist you with any possible problem related to the delivery. The Customer can contact PRONOIS Customer Service by e-mail at the address: info@pronois.studio.
6.9. The Customer will assume the risk of loss or damage to the Products only when the same, or a third party designated by him and other than the carrier, will physically come into possession of such Products.
In the event that, on the contrary, the loss or damage to the Product occurs before the material delivery to the Customer or to a third party designated by him, PRONOIS will refund the Customer the amounts already paid.
- Product Conformity
7.1. Upon delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not have production defects or lack of conformity. The legal guarantees established by current legislation are applicable to the sale of the Products, as well as any further conventional guarantees provided to the Customer.
The Customer loses all rights if he does not report the lack of conformity to the Seller within 1 month from the date on which the defect was discovered. The complaint is not necessary if PRONOIS has acknowledged the existence of the defect or has concealed it.
In the event of a lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the goods, a reduction in the purchase price or the termination of the contract, unless the request is objectively impossible to satisfy or is excessively burdensome for PRONOIS pursuant to art. 130, paragraph 4, of Legislative Decree 206/2005.
The request must be sent in writing, by registered letter with return receipt, to PRONOIS, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within 7 working days of receipt of the same.
In the same communication, where PRONOIS has accepted the Buyer’s request, it must indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods.
If the repair or replacement is impossible or excessively expensive, or PRONOIS has not repaired or replaced the goods within the aforementioned term or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Customer, the latter may request, at its option, an appropriate price reduction or termination of the contract. In this case, the Customer must send his request to PRONOIS, which will indicate his willingness to proceed with it, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, if PRONOIS has accepted the purchaser’s request, it must indicate the proposed price reduction or the method of returning the defective goods. In such cases, it will be the Client’s responsibility to indicate the methods for re-crediting the sums previously paid to PRONOIS.
- Returns and refunds – Withdrawal
8.1. The Customer has the right to withdraw from the contract within 14 (fourteen) days from the delivery date.
8.2. To exercise the right of withdrawal, the Customer can send a return request email to info@pronois.studio. PRONOIS will evaluate the request and start the procedures after agreements made with the Client
8.3. The Customer undertakes to return the Products for which he has exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days from the date on which he communicated his decision to withdraw from the contract to PRONOIS.
8.4. The Products must be returned in the same state in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, never used, worn or damaged in any way, and that they are returned in their original packaging, accompanied by all the labels with which they were received. PRONOIS will check the packaging and the condition of the individual returned Products, constituting their substantial integrity as an essential requirement for exercising the right of withdrawal.
PRONOIS reserves the right to refuse the return of those Products which should be damaged, deteriorated, dirty or are in a state such as to suggest, unequivocally, that they have been used for purposes other than the Customer’s checks strictly necessary to ascertain the nature and characteristics of the Product purchased.
In case of refusal of the return, PRONOIS will send a specific communication to the Customer and will not proceed with the re-crediting of the price paid by the same, also reserving the right to request compensation for any damage attributable to the Customer’s conduct.
8.5. The refund of the price of the returned Products will be made by PRONOIS without undue delay and in any case within 14 (fourteen) days from the date on which PRONOIS became aware of the exercise of the right of withdrawal by the Customer.
In any case, PRONOIS reserves the right to withhold the refund until it has received and checked the Product or until the Customer proves that he has returned the product correctly and in intact condition, taking into account the situation which occurs first.
The aforementioned refund will be made by re-crediting the amount paid by the Customer to be carried out with the same payment method used for the purchase, unless the Customer has expressly agreed otherwise and on condition that he does not have to incur any costs as a result of the refund.
PRONOIS will confirm to the Customer by email that the price has been refunded.
8.6. The return of the Products pursuant to this article is permitted only in relation to purchases made on the Website.
9. Limitazione di responsabilità
9.1. Al di fuori dei casi di dolo o colpa grave, PRONOIS non sarà in alcun modo responsabile nei confronti del Cliente per i danni indiretti o consequenziali che allo stesso possano derivare dall’acquisto di Prodotti offerti in vendita sul Sito Internet.
- Authenticity of products and intellectual property rights
10.1. PRONOIS guarantees the authenticity and high quality of all the Products offered for sale on the Website.
10.2. The “PRONOIS” trademark, as well as all the figurative and non-figurative trademarks and more generally all the other trademarks, illustrations, images and logos present on the “PRONOIS” products, on the related accessories and/or packaging, which are subject to registration or not, are and remain the exclusive property of PI.MA srls. The total or partial reproduction, modification, tampering or use of these trademarks, illustrations, images and logos, for any reason and on any medium, are strictly prohibited.
- Disputes
11.1. These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it, without prejudice to any different mandatory rule, more favorable towards the Customer, applicable in the Country of habitual residence of the Customer.
If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u), of Legislative Decree 206/2005.
- Contacts
12.1. For any complaint, further information or assistance relating to the Website or the purchase procedure and, in any case, for any request for information and/or clarification regarding what is reported in these General Conditions of Sale, Customers may send an e- email to the following address: info@pronois.studio
Last updated: December 2022
