TERMS OF USE AND CONDITIONS OF SALE

The website www.prima-vera.it (“Site”) is owned by PRIMAVERA S.R.L. UNIPERSONALE (hereinafter, “Seller” or “PRIMAVERA”), with registered office at Via Amilcare Ponchielli n. 77, 61122 Pesaro (PU), VAT no.: IT02850980414, registered with the Pesaro and Urbino Business Register under no. R.E.A. 306477 – Fully paid-up share capital of 10,000 euros.

All communications, requests, or complaints must be forwarded to:
- E-mail: info@prima-vera.it, PEC: primaverasrlunipersonale@pec.it
- through the “Contact” section of the Site.

1. OBJECT AND SCOPE OF APPLICATION

These Terms of Use and Conditions of Sale regulate:
a) the use of the Site by users;
b) the distance sale of products marketed by PRIMAVERA through the Site, pursuant to Chapter I, Title III (arts. 45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), when the purchaser is a consumer, and Legislative Decree no. 70 of 9 April 2003 on electronic commerce.

Through this Agreement, PrimaVera sells and the Customer purchases remotely, via telematic means, the products indicated and offered for sale on its Website. These Terms and Conditions do not regulate the sale of products or the provision of services carried out by third parties using direct links to the Site via banners or other hyperlinks/links.
PrimaVera does not perform any type of control/monitoring on websites accessible through such links. Therefore, under no circumstances may PrimaVera be held liable for goods or services promised by third parties and/or for the execution of transactions between Site Users and third parties.

SERVICE AVAILABILITY AND TERMS OF USE
The sale of products on the Site may be temporarily suspended, without any prior notice, for the time strictly necessary for technical interventions that are necessary and/or appropriate on the platform, or in the event of justified security reasons or breaches of confidentiality. In this regard, the Customer agrees to indemnify Primavera in the event of delays and/or service disruptions arising from these reasons.

In any case, PrimaVera reserves the right not to accept orders from anyone that appear anomalous in relation to the quantity or frequency of purchases made on the site.

TERMS AND CONDITIONS EXCLUDED FROM THE REGULATIONS
These Terms and Conditions do not regulate the sale of products or the provision of services by third parties that appear on the Site via links, banners, or other hyperlinks, for which PRIMAVERA assumes no responsibility.
NOTES: Please read them carefully and print and/or save them on another accessible durable medium. We also ask you to carefully consult the Privacy Policy and Cookie Policy.
The Seller undertakes to make these documents always available and updated, and reserves the right to modify them at any time, effective from the date of publication on the Site.

2. DEFINITIONS for the purposes of these Terms and Conditions, the following shall mean:
- Consumer: any natural person who acts for purposes that are outside his or her trade, business, craft, or profession (art. 3, lett. a, Consumer Code).
- Customer: is the Consumer pursuant to art. 3, paragraph I, lett. a) of the Consumer Code, as a natural person who makes a purchase on the Site for purposes outside the entrepreneurial, commercial, artisanal, or professional activity he or she may carry out.
- User: someone who accesses the Site for consultation.
- Order: the binding purchase proposal perfected electronically and sent by the Customer at the end of the order procedure.
- Online Sales Contract: distance contract concluded between PRIMAVERA and a Customer via telematic means, in compliance with the rules of the Consumer Code and Legislative Decree 70/2003, having as its object the distance sale of products marketed by the Site, between PrimaVera and an end customer.
- “Cart”: the final phase of the purchase procedure in which the User transmits their purchase proposal by selecting the payment method, shipping method, and other available options.

3. PRE-CONTRACTUAL INFORMATION
In compliance with art. 49 of the Consumer Code, before the conclusion of the contract, PRIMAVERA will make available to the Customer in a clear and comprehensible manner:
- the main characteristics of the products;
- the identity of the Seller and its contact details;
- the total price, including taxes, shipping costs, and any other costs;
- the methods of payment and delivery;
- the duration of the Customer’s obligation;
- the conditions, terms, and procedures for exercising the right of withdrawal;
- the existence of the legal guarantee of conformity referred to in articles 128 et seq. of the Consumer Code.

Sending the Order implies full knowledge and acceptance of these Terms and Conditions.

PrimaVera also reserves the right not to accept orders coming from:
a) non-consumer users;
b) users with whom there is ongoing legal litigation, even at the extrajudicial stage;
c) users involved in credit card payment fraud;
d) users who have provided identification data that later turn out to be false, incomplete, or inaccurate.

By using this website and/or placing orders through it, the user agrees to use the website exclusively for lawful activities and not to place false or fraudulent orders. Should there be plausible reasons to believe that such orders are of this nature, the Seller reserves the right to cancel the order and inform the competent authorities.

4. CONCLUSION OF THE CONTRACT
The Contract between Primavera and the Customer shall be considered concluded only upon acceptance of the order or acceptance of the purchase proposal by the Seller by sending an order confirmation email (the “Order Confirmation”) containing a summary of the purchased product, price, shipping costs, and methods and terms of payment and delivery. Only the products indicated in the Order Confirmation will be the subject of the contract.

4.1 PRODUCTS FOR SALE
The products offered for sale through this Site are the products described in the relative information sheet (“Product Sheet”), which illustrates their main characteristics, specifications, and accessories; the Customer may not raise objections if they demonstrate that they have not read the product sheet with due attention.

4.2 PRODUCT AVAILABILITY
All product orders are subject to their availability.

Product availability refers to the moment when the Customer consults the Product Sheets and must in any case be considered indicative because the Site may be visited by multiple Users simultaneously and it could happen that, at the same moment, multiple Users place orders for the same product. In cases where the Site's computer system marks a product as available that is not actually available, as it was sold to others before the order confirmation, the Seller cannot in any case be held liable for the unavailability of one or more products.

4.2.1 TEMPORARY OR DEFINITIVE UNAVAILABILITY OF PRODUCTS
PrimaVera cannot be held responsible for the temporary or definitive unavailability of one or more products.
In the event of unavailability, even temporary, of the requested products, the Seller undertakes not to charge the Customer the corresponding price.
If the order has already been transmitted and the price charged for items that are no longer available, the Seller will refund the Customer the full amount paid for those items within sixty days of the Customer's written request, with the Customer expressly waiving the right to claim further sums by way of reimbursement or compensation.
In case of partial or total unavailability of the goods, even following the sending of the Order Confirmation email, the Customer will be promptly informed via email. In this case, the purchase contract will be considered terminated, and PrimaVera will refund the price of the product within sixty days of the Customer's written request; shipping costs will be refunded if they have not yet been incurred by PrimaVera.
In the case of multiple orders, the unavailability of one or more of the ordered Products will not entitle the Customer to cancel the entire Order.


4.3 PURCHASE PROCEDURE
The User may purchase the products offered for sale on the Site by completing the order transmission procedure and the instructions contained therein, available only in Italian. The User may view the products via the relevant Information Sheets and add them to the Cart to proceed with sending the order.
Before transmitting the order, the order summary containing the selected products, the price of the products including taxes, shipping costs, and other additional costs (if applicable) will be shown to the User in the Cart.
Before forwarding the order, technical means are available to identify and correct any data entry errors through modification and summary functions.

The User will then be able to identify and correct any errors that occurred during the completion of the fields, as well as read these Terms and Conditions, a summary of shipping costs, and the Privacy Policy.

To forward the order, the User must click on the order completion button and proceed to payment using the selected methods.
By placing an order, the Customer declares to have read all the information provided to them during the purchase procedure, to accept these Terms and Conditions in their entirety, and acknowledges that the order cannot be modified or canceled after it has been shipped.

Subsequently, the Customer will be informed via a confirmation email that the order is being shipped, containing the tracking number useful for tracking the shipment, which will generally be active after 72 hours from its receipt (“Shipping Confirmation”).

4.3.1. REFUSAL OF THE ORDER
The Seller reserves the right, at its own discretion, to refuse the order, including in cases where:
a) the order cannot be fulfilled due to: an error in the information provided by the User at the time of placing the order (e.g., payment card; expiry date, etc.); incorrect billing address; insufficient or incorrect shipping address; misleading information; impossibility of delivering the product in some disadvantaged geographical areas;
b) an error has occurred on the Site regarding the price, description of the product, or product availability. In such cases, the Seller will proceed to cancel the order and refund any amount already paid by the User for the payment of the products.

5. PRICES AND PAYMENT METHODS
The sale prices displayed on the Site are to be understood in Euros and inclusive of VAT (if applicable) and any other tax.
The price applied to the contractual relationship between PrimaVera and the Customer will be that in force at the time of the order and indicated in the Order Confirmation, without considering any price increases or decreases, including those for promotions, that may have occurred subsequently. Payment can be made using the methods indicated in the “Payments” section, which guarantee security and traceability.
In the case of electronic payment, PRIMAVERA uses systems that comply with the highest security standards (e.g., SSL/TLS).

The Customer hereby indemnifies PrimaVera for any claims for compensation or reimbursement related to payment system anomalies, declaring from now that any claims arising from such titles will be managed by the Customer autonomously with the Bank or the payment intermediary used.

The payment methods available on the Site are those described below:

Credit cards
Credit cards and debit cards from major international circuits are accepted, through the Stripe service.
If, for any reason, it is not possible to charge the amount due, the sales process will be automatically canceled and the sale will be terminated pursuant to art. 1456 of the Italian Civil Code. The Customer will be informed via email. The charge will be made at the time the order is transmitted. For security purposes, the User may be required to authenticate via mobile devices or other instruments requested by the Payment Services. Failure to complete the procedure described above may result in the inability to finalize the purchase on the Site.

PayPal
Payments via PayPal are accepted. If the user chooses this payment method, they will be redirected to the PayPal site where they will execute the payment according to the procedure provided and regulated therein, which may also require a multi-factor security procedure, such as the sending of confirmation emails. PayPal provides for the use of the most recent and updated SSL security and data encryption protocols. In case of order cancellation or other cases where it is necessary to proceed with a refund of the expense incurred by the Customer, the related amounts will be refunded via the PayPal account, unless otherwise agreed with PrimaVera. At the beginning of the order process, we highlight the delivery restrictions (e.g., destinations not served, weight/volume limits) and the accepted payment methods (Visa/Mastercard, PayPal, Klarna, Apple/Google Pay); such information is always visible during checkout.

Payment in 3 installments via KLARNA.
The Customer can also pay via installment payment in 3 installments through the Klarna platform, which allows splitting the amount into monthly installments, according to the conditions defined on the following page.

Digital Wallet
Payments are accepted via Digital Wallets such as Apple Pay, Shop Pay, and Google Pay. If the user chooses digital wallets as a payment method, they will be redirected to the relevant site where they will execute the payment according to the procedure provided and regulated therein. These services provide for the use of the most recent and updated SSL security and data encryption protocols. Confidential data (credit card number, expiry date, and cryptogram) are never stored by the Site, nor do they ever come into the possession of the Owner.

Invoicing
Upon the Customer's request, PrimaVera will issue an invoice using the information provided by the Customer, which the latter guarantees to be true, and will issue it via email to the Customer. After the issuance of the invoice, it will not be possible to make any changes to the data indicated therein.
At the beginning of the order process, we highlight the delivery restrictions (e.g., destinations not served, weight/volume limits) and the accepted payment methods (Visa/Mastercard, PayPal, Klarna, Apple/Google Pay); such information is always visible during checkout.

6. DELIVERY OF PRODUCTS
The products are delivered to the address indicated by the Customer within the terms indicated in the order confirmation. The risk of loss or damage to the goods is transferred to the Customer only when the latter materially comes into possession of the goods.

6.1 SHIPPING AND DELIVERY OF PRODUCTS
Shipping is entrusted to national and international carriers that normally perform it from Monday to Saturday. For more information on shipments, see this page.

6.2 DELIVERY LIMITATIONS
Shipments to post office boxes or to automatic parcel distribution points are not allowed. Orders are shipped via courier and therefore the presence of a natural person is required for the signature upon delivery of the package.

6.3 DELIVERY TIMES
Products available in stock will be entrusted to the courier indicatively within 24 working hours from receipt of the order (times may vary in peak seasons and/or holidays). In any case, the Customer will be informed of the shipment via the Shipping Confirmation email. Delivery times for Italy and Europe can vary from a minimum of 1 to a maximum of 10 working days, and in any case within 30 days of the conclusion of the Contract.

These terms are to be considered indicative and not essential, and any changes to them will be promptly communicated by PrimaVera to the Customer via email.

6.4 SHIPPING COSTS
For orders over 45 euros, shipping is free for Italy.
For orders under 45 euros, the shipping cost is 2.99 euros.
For orders outside Italy in the EU zone over 99€, shipping is free.
For orders outside Italy in the EU zone under 99€, the shipping cost is 10 euros.

In case of the recipient's absence at the indicated address, the appointed carrier will contact the recipient by phone or send a notification email and will attempt a new delivery in the following days, up to a maximum of two attempts, after which the products will be returned to the Seller and the order will be canceled pursuant to art. 1456 of the Italian Civil Code, without prejudice to the right to compensation for damages deriving from transport and storage costs, which PrimaVera reserves the right to withhold from the refund.

The risk of loss and damage to the products, for reasons not attributable to the Seller, is transferred to the Customer when they, or a third party designated by them and other than the carrier, materially enters into possession of the product.

6.5 DELIVERY NOTICE
As these are products that may suffer breakage or damage during transport,
before accepting the package, please ensure:
1. that the number of packages being delivered corresponds to the number indicated on the
transport document;
2. that the packaging is intact and unaltered.
3. that you check the integrity of the contents within 24 hours of delivery;
4. that you photograph the item from different perspectives exactly as received from the courier.

7. RIGHT OF WITHDRAWAL (Arts. 52–59 Consumer Code)
The Consumer has the right to withdraw from the contract within 14 (fourteen)
days of receipt of the products, without any obligation to provide a reason and without any
penalty. In the case of the purchase of multiple products, the withdrawal period starts from the
day of delivery of the last product, or in the case of the purchase of products
with multiple lots or pieces, from the day of delivery of the last lot or piece.

7.1 PROCEDURES FOR EXERCISING THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, the Customer must send written notice to
PRIMAVERA via email at info@prima-vera.it or by using the
standard withdrawal form available on the Site.
This form must indicate “exercise of the right of withdrawal” in the subject line, and in the
body of the email: order number, date of the order, and the product(s) for which they intend
to exercise the right of withdrawal, to be sent to: info@prima-vera.it; if the form
is incomplete, it will not be taken into consideration.

The Customer is required to return the products within 14 days of notifying the
withdrawal, in intact condition and in their original packaging.
PRIMAVERA will refund the price paid (including standard delivery costs)
within 14 days of receipt of the returned goods, provided they are found to be perfectly
intact upon inspection; otherwise, nothing will be refunded.

The right of withdrawal does not apply in the cases provided for by Art. 59 of the Consumer
Code (customized products, sealed products opened after delivery,
perishable goods, etc.).

7.2 WITHDRAWAL – OPENED AND INTACT PRODUCTS
However, to ensure the Customer has the opportunity to try the product, PrimaVera
recognizes the possibility of invoking the right of withdrawal, even if the
product has been opened, provided that it remains intact and is free
of marks and writing before being returned.

7.4 RETURN SHIPPING COSTS
The costs of returning the goods are borne by PrimaVera; therefore, the Customer will be refunded:
- the total cost of the product including shipping costs, if the product
is damaged or incorrect due to PrimaVera’s fault;
- the total cost of the product excluding shipping costs, if the product
is no longer desired or is damaged due to the carrier’s fault.

Within fourteen (14) days of the Declaration of withdrawal, the Customer
must return the product carefully packed, protected, intact, and complete
with all its accessories, manuals, and original labels, using the original packaging
in which it was received.

PrimaVera will send its own carrier to collect the goods to be returned to the
warehouse. The Customer must print the return label that PrimaVera
will send to the Customer via email.

Upon arrival at the warehouse, PrimaVera will verify the condition of the returned product
and reserves the right to withhold the refund until that moment.

The Customer acknowledges and expressly accepts that, following the aforementioned
verification, the return request will be rejected and the purchased product will be returned to the
Customer, charging the Customer for the shipping costs, in the case of:
- a packaged product whose original packaging is missing,
tampered with, or damaged by the Customer;
- a product missing some parts, accessories, or original labels;
- a product that is damaged due to causes other than transport, or
if there are anomalies in its state of preservation.



7.5 EXEMPTION OF LIABILITY
PrimaVera disclaims all liability for any failure to perform its
contractual obligations in the event of fortuitous events or force majeure, by way of
example but not limited to, acts of war or terrorism, strikes, states of
national or local emergency, failure of transport infrastructure, interruptions
in the supply of electricity or other utilities, earthquakes, or other natural disasters.

7.6 EXEMPTION OF SELLER LIABILITY
PrimaVera shall not be liable for any damages, losses, and costs incurred
by the Buyer following the failure to perform the contract for causes not attributable
to it by way of intent or gross negligence. In any case, the Buyer shall be entitled
only to a full refund of the price paid, and nothing more.

7.7 INDEMNITY
The User undertakes to use the Site and the Products purchased on the Site
exclusively in compliance with these Terms and Conditions, for lawful purposes,
and in any case without infringing the rights of the Seller and/or third parties. The User undertakes to
indemnify the Seller, its employees or collaborators, from any request
for damages or claims made by third parties for acts or omissions of the user committed
in the course of their interaction with the Site or in relation to purchases of
products on the Site.

7.8 ENTIRETY
The Terms and Conditions consist of the entirety of the clauses that compose them.
If one or more provisions of these Terms and Conditions are deemed invalid or
declared as such by law or following a decision by a judicial body,
the other provisions will continue to have full force and effect.

7.9 TERMINATION OF CONTRACT
The purchase contract shall be considered terminated in the event of non-payment, even
partial, of the product price, shipping costs, if applicable, and
any other additional cost, as resulting from the order (“Total Amount Due”). In the event that the Total Amount Due is not paid or the success of the payment is not confirmed, the purchase contract will be considered terminated by law pursuant to and for the purposes of Art. 1456 of the Civil Code. The Customer will be promptly notified of such termination and the resulting order cancellation.

8. LEGAL WARRANTY OF CONFORMITY (Arts. 128–135 Consumer Code)
All products sold to Consumers are covered by a legal warranty of conformity
lasting 30 days from delivery.

In the event of a lack of conformity, the Customer has the right to the repair or replacement
of the goods, without charge, or to a price reduction or termination of the contract.

The legal warranty applies on condition that the defect is reported
within two months of discovery, under penalty of forfeiture of any right.

The products marketed on the Site are covered by the Legal Warranty of
Conformity referred to in Arts. 129 et seq. of the Consumer Code, which is reserved for
consumers pursuant to Art. 3, paragraph I, letter a) of the Consumer Code. The
Legal Warranty of Conformity applies when the lack of conformity becomes apparent
within 30 days of the product's delivery (“Warranty Validity Period”).
The Legal Warranty does not cover any defects caused by:
- accidental damage or damage caused by the Customer themselves;
- use of the product in an improper manner, contrary to standard practice;
- handling of the product by third parties (e.g., carriers).

In the event of a lack of conformity covered by the warranty, the Customer has the right to obtain:
a) a proportional reduction in price;
b) termination of this contract.
The Consumer has the right to a proportional reduction in price or to the
termination of the sales contract:
a) if the Seller has not carried out the replacement;
b) if the lack of conformity is so serious as to justify a reduction in
the price or termination of the contract;
The Consumer does not have the right to terminate the contract if the lack of conformity
is only minor; it is up to the Seller to determine the minor nature.
In the event of a price reduction, it will be proportional to the
decrease in the value of the product.

In the event of a lack of conformity, the Customer, within the Warranty Validity Period,
may contact Customer Service via email at the address in the header
indicating the order number and attaching photos representing the lack of conformity. The product for which the lack of conformity is claimed, once ascertained and recognized by the Seller, must be shipped to PrimaVera, which will bear the return costs or will appoint its own carrier for collection.

9. PROCESSING OF PERSONAL DATA

The processing of personal data is carried out in compliance with Regulation (EU)
2016/679 (GDPR) and Legislative Decree 196/2003, as amended. For detailed information, please refer to the Privacy Policy available on the Site.

PRIVACY AND COOKIE POLICY
For information regarding cookies, i.e., small text files (text strings)
that allow information about visitor preferences to be stored to improve
site functionality, simplify navigation by automating procedures,
and analyze the use of the Site, please read the Cookie Policy.

10. ALTERNATIVE DISPUTE RESOLUTION (ADR/ODR)
The Consumer may avail themselves of the alternative dispute resolution procedures
provided for by Arts. 141 et seq. of the Consumer Code.
It is also possible to file a complaint through the European ODR platform
accessible at the address:
https://ec.europa.eu/consumers/odr

10.1 CUSTOMER SERVICE AND COMPLAINTS
To obtain information, send communications, request assistance, or
file complaints, the Customer may contact Customer Service via:
- email at info@prima-vera.it
- using the contacts section

PrimaVera will respond to complaints as quickly as possible and in any case
within 5 working days of receipt. Commercial communications are sent only after obtaining consent; every message clearly indicates its promotional nature and includes a simple mechanism for free opt-out.

11. APPLICABLE LAW AND COMPETENT FORUM
All contractual relationships between the parties and these Terms and Conditions are
governed by Italian law. For any dispute relating to the application,
interpretation, and execution of these Terms and Conditions, the court of the place where the Consumer has their residence or domicile is exclusively competent.

12. UNFAIR CONTRACT TERMS
Pursuant to Arts. 33 et seq. of the Consumer Code, clauses that
involve limitations of liability, the professional’s right of withdrawal,
forfeiture, or restrictions on consumer rights must be
specifically approved in writing. These conditions are drafted in a way that ensures transparency and full knowledge by the Customer of all contractual conditions.

13. MODIFICATIONS AND UPDATES
PRIMAVERA reserves the right to modify these Terms and Conditions, which
will take effect from the moment of their publication on the Site. The modifications do not
apply to orders already concluded and ongoing relationships.

14. INDUSTRIAL AND INTELLECTUAL PROPERTY
The Site in its entirety, as well as its individual elements (photographs, texts, videos,
logos, etc.), as well as these legal documents, constitute intellectual works protected by the Industrial Property Code and the Copyright Law.
Any total or partial reproduction, download, modification, or use of the
trademarks, videos, logo, and any other element present on this Site, for
any reason and on any medium, is strictly prohibited without the prior
written consent of the respective owners.

PRIMAVERA S.r.l. Unipersonale – All rights reserved.