General Terms and Conditions of Sale - GCS
1. SUBJECT
1.1. These general terms and conditions of sale (‘GCS’) govern purchases of ‘PTCO’-‘PTBAG’ branded products (the ‘Products’), made through the website <https://ptworld.com> (‘Site’), owned by Personal Time S.r.l., CF and VAT no. 02960670277, with registered office in Via delle Industrie, 41 , 30024 , Musile di Piave (VE), (‘Personal Time’). All purchases of products made through the Site are subject to these GTCS, in the version published therein at the time of transmission of the order by the Purchasers.
1.2 The seller of the Products present on the Site is Personal Time S.r.l. (‘Seller’), which, among other things, manages the procurement of the Products from third-party suppliers, the collection of orders, the sending of order confirmations, the shipment of the Products to the Purchasers and the management of any returns. Purchases can be made through the Site by all customers who qualify as ‘consumers’, meaning persons who purchase one or more Products for purposes not related to their own commercial, entrepreneurial, handicraft or professional activity. For the purposes of these GTC, customers are referred to as ‘Purchasers’. The applicability of the 1980 Vienna Convention on the International Sale of Goods is expressly excluded. Any disputes arising out of the interpretation or execution of these GTC and/or the sales contracts between the Seller and the Buyer shall be subject to the exclusive jurisdiction of the Buyer’s Court.
1.3. Personal Time S.r.l. is the owner of: (ii) all rights to the Site domain name, logos, trademarks for the products presented on the Site; (ii) copyright in relation to the Site and its contents.
1.4. Any communication relating to the purchase of Products – including any reports, complaints, requests concerning the purchase and/or delivery of Products, the exercise of the right of withdrawal, etc.. – must be sent to Personal Time at the address and in the manner indicated on the Site or by e-mail customer-service@personaltime.it.
1.5. By transmitting the order, the Buyer accepts that confirmation of the information relating to the order and these GTCs will be sent by e-mail to the address provided by him.
1.6. The Seller reserves the right to amend these GTCS at any time at its sole discretion.
2. CHARACTERISTICS AND AVAILABILITY OF PRODUCTS
2.1. The Products are sold with the characteristics described on the Site at the time of the order and in accordance with the GTC in force at the time of purchase, to the exclusion of any other terms or conditions.
2.2. The Products are offered while stocks last. The Site will indicate whether stocks are still available at the time of the order.
2.3. Prices and Products on sale on the Site are subject to change without notice. It is the responsibility of the Purchasers, before forwarding the purchase order pursuant to Article 3 below, to check in the section of the Site specifically dedicated to: (i) whether stocks are out of stock; (ii) the final sale price; (iii) whether the Products present on the Site can be delivered in the country of interest.
2.4. The Seller reserves the right to change, at any time and without prior notice, the catalogue of Products on sale on the Site and/or the characteristics of each individual Product.
2.5. Prices are expressed in Euro and are ‘VAT included’.
3. HOW TO PURCHASE PRODUCTS
3.1. The presentation of products on the Site is not binding for the Vendor and constitutes a mere invitation to propose.
3.2. The purchase order submitted by the Buyer has the value of a contractual proposal subject to these GTCS, which form an integral part of the order itself. By transmitting the order, the Purchaser declares his full and unreserved acceptance of these GTCS. Before purchasing the Products, by sending a purchase order, the Purchaser will be asked to read these GTCS and the notice on the right of withdrawal – referred to in Art. 10 below – to print a copy and to save or reproduce a copy for his own use.
3.3. Once the so-called ‘checkout’ on the Site is completed, an ‘Order Confirmation’ e-mail is immediately sent to the Purchaser, to the e-mail address indicated by the same. This e-mail will also contain the link to the text of the GTCs, the details of the order placed (name and article code; quantity; unit price). The Buyer’s order, the order confirmation and the GTC applicable to the relationship between the Parties will be stored electronically by Personal Time on its computer systems for the time necessary to execute the order and the Buyer may request a copy by sending an e-mail to customer-service@personaltime.it .
3.4. The contract for the sale of Products is concluded when the Buyer receives the order confirmation from Personal Time by e-mail.
4. PROCEDURE FOR SELECTION AND PURCHASE OF PRODUCTS
4.1. The Products can only and exclusively be purchased by following the procedure envisaged by the Site, which presupposes the selection of the Products of interest by the Purchasers, with their inclusion in the ‘shopping cart’. After the selection of the Product of interest, in order to make a purchase, in order to complete the order and consent to the conclusion of the contract, the Purchaser will be asked to: (i) register on the site, providing the requested information; or (ii) log in, if already registered; (iii) provide his/her own data. In order to make the purchase, the Buyer will be asked to confirm his data (including, for example, his first and last name), the address for delivery of the selected Products, and a telephone number for any communication regarding the purchase. A summary of the order to be carried out will then be displayed, which the Purchaser must expressly approve together with these GTCs, by means of the appropriate check-box on the Site. Finally, by means of the ‘Place Order’ button, the Buyer will be asked to definitively confirm his order, which will be sent to Personal Time, so as to produce the effects described in Article 3.2 above. For the purposes of instant payment by credit card, the Buyer will be required to disclose his relevant data via secure connection.
5. DELIVERY OF GOODS AND ACCEPTANCE
5.1. The delivery times of the Products shown on the Site are purely indicative and not binding. Personal Time reserves the right to accept or refuse the order received from the Purchaser, depending on the actual availability of the Products, regardless of any indications contained on the Site, without the Purchaser being able to make claims or rights of any kind, for any reason whatsoever, including compensation in the event of total or partial non-acceptance of the order.
5.2. Delivery of the products to the shipping address indicated by the Customer in the order is made by courier and within 30 (thirty) days from the date of conclusion of the contract. All the information required for delivery must be completed accurately. Personal Time is not responsible for non-delivery due to incorrect delivery address or telephone number. All additional costs resulting from delivery complications or non-delivery will be charged to the Buyer in such cases. Personal Time accepts no liability for delays in the delivery of goods caused by malfunctions in the service provided by the courier and/or in cases of force majeure such as natural events, strikes, traffic congestion and periods of particular peak.
5.3. If a Product ordered by a Buyer is not available for delivery despite confirmation of the order, Personal Time shall inform the Buyer of the Product’s unavailability. Within 3 (three) working days of this communication, the Buyer shall inform Personal Time whether he intends to:
a. obtain a refund of the price already paid, or
b. wait for the Products to be available in Personal Time’s warehouses, provided that they are still in production. In the latter case, delivery must be made within thirty (30) days from the date on which the products are actually available at Personal Time’s warehouse.
5.4. The Products shall be shipped in the manner indicated on the Site at the time of the order. Upon receipt of delivery of the Products, the Purchaser undertakes to check, no later than 3 (three) days from receipt of the Products themselves, that the delivery is correct and includes all and only the Products purchased and to inform Personal Time of any defective products received or their non-conformity with the order placed in accordance with the procedure set out in Article 8 of these GTC. If the parcel containing the Products should arrive at its destination visibly damaged, the Buyer must refuse delivery by the carrier/shipper or take delivery as ‘conditional’.
5.5. Once the term referred to in Art. 5.4. has expired, in the absence of a complaint to the carrier/shipper, the Products delivered shall be deemed definitively accepted by the Purchaser.
6. PRICES, DELIVERY CHARGES, TAXES
6.1. The price of the Products, indicated on the Site at the time the order is placed, includes standard packaging costs, VAT (if applicable) and indirect taxes (if applicable). The price of the Products does not include shipping and delivery costs, calculated before the order is confirmed on the basis of the place of delivery, which the Purchaser agrees to pay to the Seller in addition to the price indicated on the Site.
6.2. The Purchaser is obliged to pay the Seller the price and the shipping and delivery costs, as resulting at the end of the Product purchase procedure on the Site.
6.3. In the event of delivery to a non-EU country, the price must be understood to be net of any customs duties and any other taxes, in accordance with the legal provisions of the country where the Products are delivered. Before proceeding with the purchase, the Purchaser is obliged to inquire with the competent local authorities about the possible application of customs duties and/or taxes in the country of delivery of the Products, which shall remain the sole responsibility of the Purchaser and cannot in any case be charged to Personal Time.
7. PAYMENTS
7.1. Payment of the price and shipping and delivery costs of the Products can only be made by credit card. For the purchase on the Site to be successful, the Purchaser must confirm acceptance of the cookies.
7.2. The payment and credit card data will not be accessible to Personal Time. The amount is debited directly from the card when the order is accepted, via the STRIPE platform.
8. SELLER'S LEGAL WARRANTY OF CONFORMITY. NOTIFICATION OF DEFECTS.
8.1. Pursuant to and for the purposes of EU Directive 771/2019/EC concerning so-called ‘consumer goods’ and Legislative Decree no. 206/2005 (‘Consumer Code’), the Seller warrants to the Purchaser that the Products are free from defects in design and material and comply with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Purchaser. The application of any warranty in the event of improper or incorrect use of the Product, or use that does not comply with the relative instructions and/or warnings provided by the Seller together with the specific Product purchased, is excluded. The Seller also warrants that the Product is of the quantity, quality, durability, functionality, compatibility and safety normally found in goods of the same type.
8.2. The Purchaser may report any defects and non-conformities by notifying Personal Time by e-mailing customer-service@personaltime.it, sending the form duly completed, indicating the defect and/or non-conformity found as well as the documentation indicated in the return form itself. The action aimed at asserting defects not maliciously concealed by the Seller is in any case time-barred within twenty-six (26) months from delivery of the Products to the Buyer.
8.3. Following receipt of the form and accompanying documentation, Personal Time will assess the defects and non-conformities reported by the Buyer and, after carrying out quality checks to verify the non-conformity of the Product, will decide, at its discretion, whether to authorise the return of the products by notifying the Buyer via the e-mail address provided. Any authorisation to return the Products does not in any way imply recognition of defects or non-conformities, the existence of which must be ascertained after the return. Payments for which Personal Time has authorised reimbursement shall be made within 30 (thirty) days of notification of the defect or non-conformity. Return costs shall be borne by the Buyer.
8.4. In the event of defects or non-conformity, the Purchaser shall be entitled to have the Product restored to conformity by Personal Time, through repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.
8.5. If the Seller is obliged to reimburse the Purchaser for the price paid, the reimbursement will be made with the same means of payment used by the Purchaser when purchasing the Product.
8.6. Customised products are not subject to return.
8.7. This website contains a specific section in which, in accordance with the present terms and conditions and the indications in that section, certain products may be customised by means of text and characters selected by the customer. This section contains further information on the service.
8.8. Due to technical or other reasons beyond our control, actual colours, textures and dimensions may vary from what is shown on the screen. Likewise, as these are personalised garments, no returns or exchanges will be possible. You warrant that you are authorised to use the texts and other elements that are part of the personalisation of the products. Although we reserve the right to deny personalisation or cancel orders of personalised products for non-compliance with these conditions, you will be solely responsible for the personalisation requested. We may deny customisation or cancel orders for customised products if such customisation consists of or includes elements that are inappropriate, proprietary to third parties or in any other way unlawful.
8.9. We assume no responsibility or obligation to verify texts or other elements that are part of the personalisation created by users of this service. We do not guarantee the legitimacy of such texts or other elements and, consequently, we do not assume liability for any damages that may be caused by users and/or third parties – whether public or private entities – resulting directly or indirectly from the use of the personalisation section or having a direct or indirect relationship with this section and/or its products.
9. LIABILITY FOR DEFECTIVE PRODUCTS
9.1 In the event of any damage caused by defects in the Products, the provisions of the Consumer Code shall apply. The Seller and/or Personal Time do not assume any liability.
10. RIGHT OF WITHDRAWAL - INFORMATION
10.1. The Purchaser has the right to withdraw from any contract concluded, pursuant to these GTC, without incurring any penalty, within 14 (fourteen) days: (i) from the day on which the Product is delivered; or (ii) from the date of receipt of the last Product, if several Products relating to one order are delivered at different times.
10.2. In order to exercise the right of withdrawal, the Buyer must notify Personal Time, within the deadline indicated in Article 10.1 above, by sending an explicit statement to <customer-service@personaltime.it> via the contact form or to the email address customer-service@personaltime.it. The Buyer may exercise the right of withdrawal exclusively using the modulo.
10.3. Upon completion of the requirements set forth in Section 10.2 above, the Purchaser will receive an e-mail confirming the withdrawal, containing the RMA Code. Within and no later than the following fourteen (14) days, the Purchaser is required to write the RMA Code on the form referred to in Article 10.2, and return the Products to Personal Time, together with the form referred to in Article 10.2, duly completed and bearing the RMA code, addressed to Personal Time Promotion s.r.l. – Via delle Industrie n. 41, 30024, Musile di Piave (VE), Italy.
10.4. If the Buyer has already received the Product, he is obliged to return it to Personal Time without delay and, in any case, within fourteen (14) days from the day the withdrawal was communicated. The deadline is met if the Buyer returns the goods before the expiry of the fourteen (14) day period. All shipping risks and direct costs incurred in returning the products shall be borne by the Buyer. The products must be returned in the same condition in which they were received.
10.5. In caso di recesso, il Venditore rimborserà all’Acquirente i pagamenti ricevuti e le spese sostenute per la spedizione originaria, escluse quelle relative al reso, entro e non oltre quattrodici (14) giorni dall’esercizio del diritto di recesso, utilizzando lo stesso mezzo di pagamento utilizzato dall’Acquirente per l’acquisto dei Prodotti. Il rimborso non verrà effettuato fino a quando Personal Time non avrà ricevuto i beni oggetto di restituzione e non avrà constatato le condizioni e le ragioni del reso.
10.6. The Buyer is liable for any diminution in the value of the goods resulting from use other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (i.e. with signs of wear and tear, abrasions, nicks, scratches, deformations, etc.), not complete with all parts and accessories (including unaltered labels still attached to the Product), not accompanied by the instructions/notes/manuals provided, the packaging and the original warranty, if any, the Buyer shall be liable for the diminished value of the Product and shall be entitled to receive a refund equal to the residual value of the same. To this end, the Purchaser is advised not to handle the Product except as strictly necessary to establish the nature, characteristics and operation of the same, and to use the original packaging of the Products plus additional protective packaging that will keep them intact and protect them from writing or labels.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All trademarks, trade names and other distinctive signs, as well as any names, images, photographs, written or graphic texts used on the Site or relating to the Products are and remain the exclusive property of Personal Time S.r.l..
11.2. The contents of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of Personal Time S.r.l.
12. PROCESSING OF PERSONAL DATA
12.1. The personal data provided in connection with the purchase of the Products shall be recorded and used by Personal Time, in accordance with and in compliance with EU Reg. no. 679/2016 (GDPR) and Legislative Decree no. 196/2003 and subsequent amendments, as set out in the Information Notice on the Site.
13. SECURITY
13.1. Personal Time takes all measures to protect personal data against their loss, falsification, manipulation and misuse by third parties, taking into account the characteristics and technical limitations relating to the protection of electronic communications via the Internet. However, Personal Time cannot guarantee that unauthorised third parties may fraudulently gain access to certain information or data displayed by the Buyer on the site, even after authentication (login).
13.2. The Seller, with regard to credit card payment data, uses the services of the STRIPE platform, which adopts technological systems to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the Internet.
14. FORCE MAJEURE
14.1. Personal Time will not be liable in the event that any non-performance relating to the sale of the Products results from events beyond their reasonable control, including, but not limited to, catastrophic natural events, epidemics, acts of terrorism, wars, riots, power failures, general strike of public and/or private sector workers, strikes and/or limitations on the viability of couriers and air connections.
15. APPLICABLE LAW AND JURISDICTION
15.1. These GTCS and the contracts of sale entered into between the Seller and the Purchasers in execution of these GTCS shall be governed by and construed in accordance with the applicable Italian laws and, in particular, the Consumer Code, with specific reference to the regulations on distance contracts, and by Legislative Decree No. 70 of 9 April 2003, on certain aspects concerning electronic commerce. This is without prejudice to the rights granted to consumers by any mandatory regulations in force in their country of residence.
15.2 The Buyer has the right to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Buyer. The European ODR Platform is developed and operated by the European Council in implementation of Directive No. 2013/11 / EU and Regulation (EU) No. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways to resolve domestic and cross-border disputes arising from online sales or service contracts between an EU resident consumer and an EU resident trader through the intervention of an Alternative Dispute Resolution (ADR) entity providing such services, as listed in the provided directory. For further information on the European ODR Platform, or to file a complaint and initiate alternative dispute resolution procedures relating to the dispute arising from these GTC and/or the inter partes sale and purchase agreement, please use the following link: http://ec.europa.eu/odr. The e-mail address of the Seller to be reported to the European ODR Platform is: customer-service@personaltime.it .
15.3 These GTC and inter partes sales contracts are subject to Italian law. In the event of a dispute, the court of residence or domicile of the Purchaser, if actually a consumer and if in Italy, shall have jurisdiction pursuant to Art. 66 bis of the Consumer Code.
