General Terms and Conditions of Sale

These General Terms and Conditions of Sale govern the purchase of products made through the website https://www.petramar.store/, hereinafter also referred to as the "Website" or "Online Store".

Products purchased through the Website are sold directly by Petramar S.r.l., with registered office in Genoa, Via Val Sugana 5M, registered with the Genoa Chamber of Commerce under number GE-480640, share capital euro 10,000.00, VAT number and Tax Code 02364080990, hereinafter also referred to as the "Seller".

For communications, assistance requests, complaints, exercise of the right of withdrawal or requests relating to orders, the Customer may contact the Seller at the following addresses:

·         e-mail: servizioclienti@petramar.store

·         administration e-mail: amministrazione@petramar.store

·         phone: 3420475330

1. Scope of application and commercial policy

1.1 The Seller offers for sale on the Website products intended for both consumer Customers and professional Customers.

1.2 A "Consumer Customer" means a natural person who purchases one or more products for purposes not related to their entrepreneurial, commercial, craft or professional activity, if any.

1.3 A "Professional Customer" means a natural or legal person who purchases one or more products in the exercise of their entrepreneurial, commercial, craft or professional activity, including by indicating a VAT number or requesting an invoice addressed to a professional entity.

1.4 These General Terms and Conditions of Sale govern the offer, sending and acceptance of orders placed through the Website. The provisions expressly referring to the Consumer Customer apply exclusively to B2C relationships. The provisions expressly referring to the Professional Customer apply exclusively to B2B relationships.

1.5 The Seller reserves the right not to accept or process incomplete, incorrect, unpaid, clearly anomalous orders, orders not compliant with these General Terms and Conditions of Sale or orders relating to unavailable products.

1.6 The Website accepts orders for delivery in Italy and in any other countries or geographical areas made available during the purchase process and selectable at checkout. Any requests for delivery to countries or areas not available at checkout must be agreed in writing with the Seller in advance. Promotions relating to free shipping apply exclusively in the cases, territories and according to the thresholds indicated on the Website at the time of the order.

2. Products, images and characteristics

2.1 The essential characteristics of the products are indicated in the respective product sheets published on the Website.

2.2 The images, colors, proportions and graphic representations of the products on the Website are for illustrative purposes. The shades displayed may differ from the actual product due to the settings of the device, monitor, browser or viewing method used by the Customer.

2.3 For textile, printed or packaged products, slight dimensional, chromatic or finishing tolerances may occur, provided they are compatible with the nature of the product, the production technique used and the ordinary standards of the sector. Such slight differences do not constitute a lack of conformity, unless they significantly affect the use or essential characteristics of the purchased product.

2.4 The Seller does not sell used, irregular or lower quality products compared to the standards normally offered for the reference category, unless expressly indicated in the product sheet.

3. Personalized, custom-made or made-to-order products

3.1 The Website may offer standard products, personalized products and custom-made or made-to-order products.

3.2 Examples of personalized or custom-made products include:

·         products printed with logos, texts, emblems, images, graphics, colors, files or instructions provided by the Customer;

·         products made in sizes, formats, finishes or configurations requested by the Customer;

·         non-prefabricated products, made based on an individual choice or a specific decision of the Customer;

·         products adapted to particular needs indicated by the Customer during the order phase or subsequently confirmed in writing.

3.3 The Customer is responsible for the accuracy of the data, texts, measurements, colors, files, graphics and any other information provided for the creation of the personalized or custom-made product.

3.4 The Customer declares to be the owner, licensee or otherwise entitled to use logos, trademarks, emblems, images, names, texts and materials transmitted to the Seller for the personalization of products. The Customer undertakes to indemnify and hold harmless the Seller from any dispute, request or claim by third parties relating to the use of the materials provided.

3.5 If the Seller sends the Customer a graphic draft, a print proof, a layout or a technical summary for approval, production can only begin after the Customer's approval, unless otherwise agreed in writing. Approval of the draft confirms the contents, dimensions, graphic layout and approved characteristics.

3.6 If the Customer purchases ancillary services related to the verification, preparation or processing of files necessary for the creation of personalized or custom-made products, such as, by way of example, professional file verification, technical control, graphic processing, adaptation or arrangement of graphics, these services will be considered autonomous services compared to the supply of the product.

Once performed, even if only partially, these services will not be refundable in case of cancellation, modification of the order or failure to start production due to causes not attributable to the Seller, including cases in which the file provided by the Customer is unsuitable for printing or production and the Customer fails to send a correct file or accept any additional graphic services.

It remains understood that, if the production of the personalized product has not yet started, the Seller may evaluate any cancellation requests as a commercial courtesy, retaining the amounts relating to services already performed and any costs already incurred.

3.7 For personalized or custom-made products, the Consumer Customer's right of withdrawal is excluded in the cases provided for by law. For Professional Customers, the right of withdrawal is not permitted, unless otherwise accepted in writing by the Seller.

4. Conclusion of the contract

4.1 To purchase one or more products on the Website, the Customer must select the desired products, add them to the cart, fill in the electronic order form and send it to the Seller following the instructions indicated in the purchase process.

4.2 Before submitting the order, the Customer can verify the summary of the selected products, quantities, price, any applicable taxes, shipping costs, payment methods, delivery address and any other relevant data for the purchase.

4.3 Submitting the order implies the obligation to pay the corresponding amount. The Customer is required to carefully check all entered data before final confirmation of the order.

4.4 The contract is deemed concluded when the Seller receives the order electronically through the Website and the Customer receives the automatic order summary communication generated by the e-commerce platform, without prejudice to the provisions of the following articles in case of non-payment, product unavailability, obvious material error or impossibility of fulfilling the order.

4.5 In case of payment by bank transfer, the order is considered received and confirmed as provided for in the previous article 4.4.

The choice of payment by bank transfer does not affect the order confirmation, but determines the start date of shipping, delivery or fulfillment times, which will be calculated from the actual crediting of the due amount to the Seller's current account, unless otherwise agreed in writing.

The Seller reserves the right to suspend the shipment or delivery of the goods until actual receipt of payment.

Failure to receive the bank transfer does not automatically cancel an already confirmed order, without prejudice to the Seller's right to cancel the order in case of non-payment within any indicated or communicated deadlines.

4.6 The Seller may not process the order or may cancel it, notifying the Customer, in the following cases:

·         non-payment, incomplete or irregular payment;

·         incomplete, incorrect or unverifiable order data;

·         product unavailability;

·         obvious material error in the price, description or product availability;

·         order not compatible with these General Conditions of Sale;

·         technical or production impossibility of creating the requested product.

4.7 In the event of an order already paid for and not accepted by the Seller, or cancelled due to unavailability or inability to fulfill it, the Seller will refund any sums already collected, without undue delay.

4.8 The order form and related data will be retained by the Seller for the time necessary to fulfill the order and, in any case, within the terms provided by law.

5. Prices

5.1 All prices published on the Site are expressed in euros.

5.2 Unless otherwise indicated, prices for the Consumer Client include VAT. Any shipping, handling, packaging costs or other ancillary costs are indicated in the order summary before final confirmation of the purchase.

5.3 The final price of the order is that indicated in the summary before purchase confirmation and includes the price of the products, VAT where applicable, and any shipping or ancillary costs indicated.

5.4 Product prices may change at any time. Changes do not apply to orders already concluded and accepted by the Seller.

5.5 In the event of an obvious material error in the price published on the Website, the Seller may cancel the order and refund any amount already paid by the Customer, informing them of the error found.

6. Payments

6.1 The Customer may make payment using the methods available on the Site at the time of order, including, where active, PayPal, credit card, other electronic payment systems or bank transfer. If a bank transfer is chosen, the details for making the payment will be communicated to the Customer via the automatic communication sent by the e-commerce platform or by other communication from the Seller.

6.2 In case of payment via PayPal, credit card or other electronic systems, financial information will be managed directly by the relevant payment service provider. The Seller does not store the full payment card details of the Customer.

6.3 In case of payment by bank transfer, the actual crediting of the amount due determines the start of shipping, delivery or order fulfillment times, unless otherwise agreed in writing.

Until payment is received, the Seller may suspend the shipment or delivery of ordered products.

Failure by the Customer to make the bank transfer does not constitute automatic cancellation of the already confirmed order.

6.4 In case of non-payment within the term eventually indicated by the Site or communicated by the Seller, the order may be canceled.

6-bis. Tax documents and invoice request

6-bis.1 For online sales made to Consumer Clients, the invoice is not issued automatically, unless requested by the Client within the terms provided by applicable law.

6-bis.2 The mere completion of the "billing data," "billing address," or similar fields in the purchase process does not, by itself, constitute a request for invoice issuance, as such data may also be used for payment, order registration, address verification, or administrative management of the sale.

6-bis.3 The Customer who wishes to receive an invoice must explicitly request it at the time of the order and in any case not later than the time of the transaction, fully and correctly indicating all necessary data for the issuance of the tax document, including, where applicable, tax code, VAT number, SDI recipient code or PEC, company name/business name and billing address.

6-bis.4 In the absence of an explicit invoice request within the terms indicated above, or in case of missing, incomplete or incorrect tax data, the Seller cannot be held responsible for the non-issuance of the invoice.

6-bis.5 The Customer is responsible for the accuracy and completeness of the tax data provided. Any requests for issuance, modification or integration of the invoice subsequent to the order can only be managed within the limits and terms provided by applicable law, by sending all necessary tax data to the email address amministrazione@petramar.store. Requests subsequent to the issuance of the tax document can only be accepted if permitted by applicable law and the Seller's technical and administrative procedures.

6-bis.6 Professional Customers, companies, entities, accommodation facilities and, in general, subjects who purchase in the exercise of their business, are required to provide all necessary data for the correct issuance of the invoice during the order phase. In case of failure to communicate or incomplete communication of tax data, any delays, errors or impossibility of issuing the tax document will not be attributable to the Seller.

7. Product availability and fulfillment times

7.1 The availability of products indicated on the Site is regularly updated, but may vary due to the artisanal or productive nature of some items.

7.2 The fulfillment times indicated on the Site generally start from the receipt of payment and the availability of all information necessary to process the order. For personalized or made-to-measure products, the times start from the final confirmation of the graphics, files, measurements and any other data necessary for production.

7.3 Unless otherwise indicated in the product sheet or order summary, the fulfillment methods are as follows:

·         Standard: estimated fulfillment between 2 and 4 working days, at the cost indicated in the cart;

·         Express: estimated fulfillment between 1 and 2 working days, at the cost indicated in the cart.

"Fulfillment" means the consignment of goods to the carrier.

7.4 Fulfillment times are indicative and may vary in case of temporary unavailability of materials, production peaks, personalized orders, force majeure or circumstances not attributable to the Seller.

7.5 For the Consumer Customer, unless otherwise agreed, delivery will in any case take place without undue delay and within the terms provided by applicable law.

8. Shipping, delivery and transport

8.1 Products are delivered to the address indicated by the Customer during the order process. The Customer is responsible for the accuracy and completeness of the shipping data provided.

8.2 After the goods have been entrusted to the carrier, delivery usually takes place within 24/72 working hours, subject to delays due to the carrier, remote locations, storage, absence of the recipient, force majeure or other circumstances not directly attributable to the Seller.

8.3 Upon delivery, the Customer is invited to check:

·         that the number of packages corresponds to what is indicated in the transport documents;

·         that the packaging is intact, not damaged, wet or altered;

·         that there are no obvious signs of tampering or damage.

8.4 In case of damaged packaging, missing packages, visible anomalies, or doubts about the integrity of the goods, the Customer is asked to accept the delivery with a "specific reservation for inspection," stating the reason for the reservation, for example, "damaged packaging," "crushed package," "open package," "missing packages."

8.5 Signing with a specific reservation is strongly recommended as it allows for better handling of any claims against the carrier. Failure to make a reservation does not prejudice the imperative rights granted to the Consumer Customer by law but may make it more difficult to ascertain transport damage.

8.6 For the Consumer Customer, the risk of loss or damage to the goods transfers to the Customer only when the Customer, or a third party designated by them and not the carrier, physically takes possession of the goods, unless the carrier was chosen directly by the Customer and this choice was not proposed by the Seller.

8.7 For the Professional Customer, unless otherwise agreed in writing, the goods travel at the Customer's risk from the moment they are entrusted to the carrier. Any damage, shortages, or delays must be reported within the terms and according to the procedures provided by applicable regulations and the carrier's conditions.

8.8 The Customer is responsible for the accuracy, completeness, and updating of the shipping data provided during the order placement, including address, house number, name, telephone number, company name (if applicable), opening hours, and any other information useful for delivery.

8.9 If the shipment goes into storage due to reasons attributable to the Customer, such as, for example, an incorrect or incomplete address, absence of the recipient, closed premises, holiday closure, failure to collect, unjustified refusal of delivery, or failure to respond to contacts from the carrier or the Seller, the Seller will not be responsible for delays resulting from such circumstances.

8.10 In the event of initial storage, the Seller may, as a commercial courtesy and without acknowledging any obligation, arrange for a first release or a first redelivery request without charge to the Customer, except for exceptional costs applied by the carrier.

8.11 If, after the first release or redelivery attempt, the shipment goes back into storage due to reasons attributable to the Customer, or if further interventions for release, redelivery, address change, or new shipment are necessary, the related management, storage, redelivery, or reshipment costs will be borne by the Customer and may be requested before the new delivery.

8.12 In the event that the goods are returned to the Seller due to non-delivery attributable to the Customer, the Seller will inform the Customer to arrange a new shipment. The costs of the new shipment and any storage or return costs applied by the carrier will be borne by the Customer.

8.13 If an order placed by a Professional Customer benefited from free shipping, included or complimentary due to exceeding a minimum purchase threshold, and a full or partial commercial return is subsequently accepted by the Seller, not due to a defect, product non-conformity, or an error attributable to the Seller, the free shipping benefit will be considered conditional on the order remaining above the specified threshold.

If, as a result of the accepted commercial return, the value of the products definitively retained by the Professional Customer falls below the minimum threshold set for free shipping, or in the case of a total return of the order, the Seller may withhold or deduct from the refund the cost of the original shipping incurred, even if indicated as free, included, or complimentary during the order placement.

8.14 If available among the selectable delivery methods at checkout, the Customer may choose to pick up the order at the Seller's premises. In this case, the Customer must wait for the confirmation communication that the order is ready for pickup before going to the premises. The address and any operational instructions for pickup will be indicated in the communication sent to the Customer.

8.15 Pickup can be made by the Customer or by a person authorized by them, provided with the order number, confirmation communication, or other information useful for identifying the order. The Customer is responsible for picking up the order within a reasonable time from the availability notification. Any delays in pickup attributable to the Customer will not be attributable to the Seller.

9. Right of withdrawal for Consumer Customer

9.1 The Consumer Customer has the right to withdraw from the distance contract, without providing any reason, within 14 days from the day on which the Customer, or a third party designated by them and not the carrier, acquires physical possession of the goods.

9.2 In the case of multiple goods ordered in a single order and delivered separately, the deadline starts from the day on which the Consumer Customer acquires physical possession of the last good.

9.3 To exercise the right of withdrawal, the Consumer Customer must notify the Seller of their decision to withdraw by means of an explicit statement sent to the contact details indicated in these General Terms and Conditions of Sale.

9.4 The withdrawal communication should indicate, where possible:

·         Customer's name and surname;

·         order number;

·         product or products for which withdrawal is intended to be exercised;

·         email or telephone contact;

·         any bank details necessary for the refund, if the original payment does not allow for a refund through the same means used for the purchase.

9.5 The Consumer Customer must send back or deliver the products to the Seller without undue delay and in any case within 14 days from the date on which they communicated their decision to withdraw. The deadline is met if the Customer sends back the products before the expiry of the 14-day period.

9.6 The products must be returned intact, complete, clean, undamaged, and unused beyond what is necessary to establish their nature, characteristics, and functioning. Where possible, the products should be returned in their original packaging or, in any case, with suitable packaging to protect them during transport.

9.7 The Consumer Customer is responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

10. Exclusions from the right of withdrawal

10.1 The right of withdrawal is excluded, pursuant to applicable law, for the supply of tailor-made or clearly personalized goods.

10.2 This exclusion includes, by way of example, products made with specific printing, dimensions, colors, files, logos, emblems, texts, graphics, finishes or features requested by the Customer, as well as any non-prefabricated goods produced based on an individual choice or a specific decision of the Customer.

10.3 Before confirming an order for personalized or tailor-made products, the Customer is required to carefully check all entered information, as once the contract is concluded, the product will be manufactured according to the confirmed specifications and cannot be returned due to a simple change of mind.

11. Refund in case of withdrawal

11.1 In the event of a valid exercise of the right of withdrawal by the Consumer Customer, the Seller will refund all payments received from the Customer, possibly including standard delivery costs incurred during the order placement.

11.2 The Seller is not obliged to reimburse supplementary costs resulting from the Customer's choice of a delivery method other than and more expensive than the least expensive standard delivery method offered by the Seller.

11.3 The refund will be made without undue delay and in any case within 14 days from the day on which the Seller was informed of the Consumer Customer's decision to withdraw, in compliance with the mandatory terms provided by applicable law.

11.4 The Seller may withhold the refund until the returned goods are received or until the Consumer Customer has provided proof of having sent them back, whichever is earlier, without prejudice to compliance with the mandatory terms provided by applicable law.

After receiving the goods, the Seller will verify their condition, integrity, and conformity with the return conditions. The Seller reserves the right to retain any amounts corresponding to the diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

11.5 The refund will be made using the same means of payment used by the Customer for the initial transaction, unless expressly agreed otherwise with the Customer and provided that the Customer does not incur any costs as a result of the refund.

11.6 The direct costs of returning the goods in case of exercise of the right of withdrawal are borne by the Consumer Customer. The Customer is responsible for the return shipment until the goods are delivered to the Seller and must use suitable packaging to protect the products during transport. The Seller is not responsible for damages, losses, or delays related to the return shipment organized by the Customer.

12. Professional Customers: exclusion of withdrawal and order cancellation

12.1 The right of withdrawal provided for by the Consumer Code for distance contracts concluded with consumers does not apply to Professional Customers.

12.2 Orders placed by Professional Customers are considered firm and binding from the moment of confirmation by the Seller.

12.3 Any requests for cancellation, total or partial modification of the order, suspension or postponement of production can only be accepted if expressly agreed to in writing by the Seller.

12.4 In any case, for customized, made-to-measure, or made-to-order products, cancellation will not be accepted if the production phase, dedicated material procurement, graphic processing, or order preparation has already begun.

12.5 The Professional Customer's order is to be considered irrevocable pursuant to Article 1329 of the Civil Code for a period of 7 working days from the date of receipt of the order, unless otherwise agreed in writing.

12.6 Any return requests from Professional Customers, not due to product defects, non-conformity, or errors attributable to the Seller, may be evaluated by the Seller solely as a commercial courtesy, without acknowledging any right of withdrawal, and only for standard products that are intact, unused, complete, and perfectly resalable.

12.7 Any acceptance of a commercial return must be confirmed in writing by the Seller. Products must be returned intact, unused, complete with any accessories, and, where possible, in their original packaging or, in any case, in packaging suitable to protect them during transport. Shipping costs for the return of goods will be borne by the Professional Customer, unless otherwise agreed in writing.

12.8 The refund will only be issued after the returned goods have been received and their condition has been positively verified. The refunded amount will be determined by the Seller based on the value of the returned products and may be reduced by the actual and non-recoverable costs associated with the order, its management, shipping, and payment collection.

Such costs include, by way of example and not exhaustive, administrative costs for order management, collection and/or transaction fees applied by payment systems, as well as any cost of original shipping incurred by the Seller, even when such shipping was indicated to the Professional Customer as free, included, or gifted due to exceeding a minimum order threshold.

12.9 If the returned product shows signs of use, damage, missing parts, alterations, unsuitable packaging, or conditions that make it no longer resalable as new, the Seller may refuse the return or grant a partial refund, proportional to the diminished value of the item.

The above does not apply to cases of defective, non-conforming, or incorrect products due to an error attributable to the Seller, which will be handled according to the applicable warranties and protections.

13. Legal Guarantee of Conformity and Complaints

13.1 For Consumer Customers, the legal guarantee of conformity provided for by the Consumer Code applies.

13.2 The Seller is liable to the Consumer Customer for any lack of conformity existing at the time of delivery of the goods, within the limits and according to the methods provided by the applicable legislation.

13.3 In case of a lack of conformity, the Consumer Customer may request the remedies provided by law, including, where applicable, restoration of conformity, replacement, price reduction, or termination of the contract, according to the conditions and limits provided by current legislation.

13.4 The following do not constitute a lack of conformity:

·         damage caused by improper use, negligence, incorrect installation, washing, or improper maintenance;

·         normal wear and tear of the product;

·         deterioration due to prolonged exposure to atmospheric agents, wind, salt spray, pollution, UV rays, or harsh environmental conditions, where compatible with the nature of the product;

·slight chromatic, dimensional, or finishing differences compatible with the production technique and industry standards;

·errors present in files, texts, logos, emblems, images, measurements, or instructions provided or approved by the Customer.

13.5 For Professional Customers, the guarantees provided by the Civil Code apply, within the terms and limits of the law. Any disputes relating to defects, flaws, non-conformities, transport damage, or shortages must be communicated to the Seller in writing as soon as possible and in any case within the terms provided by the applicable legislation.

13.6 Any complaints may be sent to the addresses indicated in these General Terms and Conditions of Sale, attaching the order number, a description of the problem, and, where useful, photographic documentation.

14. Limitation of Liability

14.1 The Seller is not responsible for delays or failures to perform due to force majeure, unforeseen events, strikes, transport blockades, natural disasters, service interruptions, unavailability of materials, supplier delays, authority measures, or other circumstances not reasonably controllable.

14.2 The Seller is not responsible for errors, defects, or claims arising from incorrect, incomplete, or unsuitable information, files, logos, graphics, texts, measurements, colors, or instructions provided by the Customer.

14.3 For Consumer Customers, the mandatory protections provided by current legislation remain applicable.

15. Privacy

15.1 The Customer's personal data is processed by the Seller in compliance with the applicable legislation on personal data protection.

15.2 For any information relating to the processing of personal data, the Customer is invited to consult the Privacy Policy published on the Website.

16. Applicable Law and Competent Court

16.1 These General Terms and Conditions of Sale are governed by Italian law.

16.2 For Consumer Customers, the mandatory provisions of the Consumer Code and the current legislation on distance contracts and e-commerce apply.

16.3 For disputes with Consumer Customers, the mandatory territorial jurisdiction is that of the court of the place of residence or domicile of the Consumer Customer, if located within the national territory.

16.4 For disputes with Professional Customers, the exclusive territorial jurisdiction is the Court of Genoa.

17. Alternative Dispute Resolution

17.1 The Consumer Customer may refer to alternative dispute resolution bodies that may be competent according to current legislation.

17.2 The Seller does not commit in advance to adhering to ADR procedures, unless legally obligated or a different decision is made on a case-by-case basis.

18. Amendments and Updates

18.1 The Seller reserves the right to amend or update these General Terms and Conditions of Sale, also in consideration of regulatory changes, operational needs, or Website updates.

18.2 The new General Terms and Conditions of Sale will be effective from the date of publication on the Website and will apply to orders placed after that date.

18.3 Orders already concluded will continue to be governed by the General Terms and Conditions of Sale in force at the time of placing the order, unless otherwise agreed by the parties or mandatory legal provisions.