Terms and Conditions

General Terms and Conditions of Sale

These General Terms and Conditions of Sale govern the sale of products manufactured by Pelliconi Italia S.p.A. ("Manufacturer"), with registered office in Via Emilia 314, 40064 Ozzano dell'Emilia (BO), VAT number 04328321205, and bearing the "Pelliconi" trademark ("Products") through the website https://p-ink.shop/ ("Website").

The Products marketed through the Website are sold to the purchaser ("Customer") by Calicantus S.r.l. ("Seller"), with registered office in via L. Mazzon, 30 Quarto D'Altino (VE), VAT number 03757590272.

1. CONTACT INFORMATION

1.1. For any information about the Products, you can contact the Manufacturer by filling out the form or sending an email to support.ecommerce@p-ink.shop.

1.2. For any information regarding orders, payments, shipments, and returns, you can contact the Seller by filling out the form or calling +39 0422 782890.

2. CONCLUSION OF THE SALES CONTRACT

2.1. To proceed with the purchase of the Products, the Customer is required to fill out an order form, providing all the mandatory information requested.

2.2. The Customer may only place orders as a registered user, after creating an account. Before confirming the order, the Customer must read and accept these General Terms and Conditions of Sale by ticking the corresponding acceptance box. Once sent, the Customer's order proposal will be irrevocable.

2.3. The Customer will then receive an email confirming receipt of the order (the"Order Confirmation"). Receipt of the Order Confirmation does not constitute acceptance of the Customer's order proposal.

2.4. The purchase is considered finalized and concluded only when the order proposal is accepted by the Seller by sending the Customer an email to confirm acceptance of the purchase proposal and inform them that the order is being shipped.

2.5. The order may be refused in the following cases: 

1. a) due to unavailability of the Product(s) ordered; 
2. b) in the event of failure to authorize the total cost of the Product(s) to be charged using one of the applicable payment methods;
3. c) when, at the time of purchase, the price indicated is clearly incorrect (e.g., prices that are too high or too low compared to the prices normally applied for the same Product if there is no promotion active that justifies the price indicated on the Site, incorrect calculation of VAT or other applicable taxes).

2.6. If the Seller refuses an order as indicated in paragraph 2.5 above, it will send the Customer an email notification of the order refusal and will refund the Customer if payment has already been made. This refund will be made using the same methods used for the purchase (see Article 5) without undue delay and, in any case, within 10 (ten) working days of the notification of refusal of the order.

2.7. The images displayed on the Website are provided for illustrative purposes only. Although the Manufacturer makes every effort to ensure that the representations of the items on the Website are as accurate as possible to those offered for sale by the Seller, variations may occur. It is not possible to guarantee that the actual appearance of the items will correspond exactly to that displayed on the screen. Therefore, the Seller and/or the Manufacturer shall not be liable for any errors or inaccuracies in the photographs and/or graphic representations of the items, including any differences in shade or grain, which may result from technical limitations in the rendering of colors and/or textures due to the specifications of the computer equipment. In any case, even in the event of an obvious discrepancy between the actual characteristics of the items and their representation, the Seller and/or the Manufacturer cannot be held responsible for the aforementioned discrepancy.

3. SHIPPING

3.1. The Products ordered will be delivered to the address indicated by the Customer. Delivery times vary depending on the destination and the shipping method selected. Shipments are generally made on working days (Monday to Friday). The times indicated are to be considered indicative and not binding.

3.2. During promotional periods, sales, or holidays, delivery times may be extended by up to a maximum of 15 business days compared to normal transit times.

3.3. Once the shipment has been made, the Customer will receive an email at the address provided when placing the order, containing thetracking number to monitor the delivery status.

3.4. Delivery to the address indicated by the Customer by the courier may not be possible if the type of Products and/or the structural characteristics of the destination do not allow it. This may occur, for example, in the case of particularly bulky or heavy items, or if there are no elevators, freight elevators, or other suitable means of transport to upper floors.

3.5. Shipping costs will be indicated when the order is completed.

3.6. The risk of loss or damage to the Products is transferred to the Customer upon physical delivery of the goods, or when a person designated by the Customer takes possession of them.

4. PRICE, VAT, DUTIES, PAYMENT METHODS

4.1. The prices applicable to the Products are those indicated on the Website, except in the case of an incorrect price pursuant to Article 2.5(c). Unless otherwise specified before placing an order, the prices of the Products do not include VAT.

4.2. In the case of deliveries to countries outside the European Union, the Products may be subject to import taxes and/or customs duties depending on the type of Product and the country of destination. These costs will be borne entirely by the Customer.

The Customer is required to verify the customs and tax regulations in force in the country of destination of the goods, it being understood that the Seller cannot be held responsible for any additional costs, delays, or impediments to delivery due to customs controls or the Customer's failure to comply with the applicable customs or tax obligations.

4.3. Payment for Products can be made through the following payment circuits and services: Visa, Mastercard, Maestro, American Express, Visa Electron.

4.4. Payment can also be made by bank transfer to the following IBAN code: IT78 H054 8402 0000 0000 0001 147. All costs and expenses, including any fees related to the bank transfer, which may be charged to the Customer by their bank, shall be borne by the Customer.

4.5. If, for any reason, it is not possible to charge the amounts owed by the Customer to their credit card or, following a bank transfer, the sums are not credited to the current account indicated in Article 4.4 above, it will not be possible to execute the contract and the order will be considered canceled.

5. LEGAL GUARANTEE OF PRODUCT CONFORMITY

5.1. All Products purchased on the Website are covered by the warranty for defects in the item sold pursuant to Articles 1490 et seq. of the Civil Code. In this regard, the Seller guarantees to the Customer that the Products, if properly stored and used, are free from defects in quality and packaging; this warranty is provided for a period of one year from the date of manufacture of the Products.

5.2 The essential characteristics of the Products are indicated on the Website on each Product detail page.

5.3. Upon delivery of the purchased Product by the courier, the Customer is required to check that the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal straps). If this is not the case, the Customer must NOT accept the Products and must leave them with the courier, promptly notifying the Seller in writing.

5.4. Any complaint regarding defects that cannot be detected upon delivery of the Products must be made to the Seller, under penalty of forfeiture, by certified email to the address: calicantussrl@dadapec.com, no later than eight days after receipt of the Products, and must contain a detailed description of the defects and/or faults reported.

5.5 In the event of written acceptance of the same defects by the Seller, the Seller's liability shall be limited to replacing the Products free at destination or, at its discretion, by crediting an amount equal to the purchase price stated on the invoice. Any action by the Customer for indirect damages is excluded. It is understood that the Seller considers a percentage of scratches and/or damage equal to or less than 4% of the total Products ordered to be tolerable.

5.6 The Seller and the Manufacturer decline all responsibility for the storage of anything contained and/or stored with the Products or, in any case, for any other use of the Products, limiting the warranty to compliance with the technical characteristics agreed with the Customer or with industry standards. It is the Customer's express responsibility to check before use whether the Products are suitable for storing what is to be placed inside bottles or containers closed using the Products themselves. The Seller and the Manufacturer are not liable for the use that will be made of the Products, as they are in no way required to know their destination and how they will be used by the Customer.

5.7 The Customer declares and guarantees that they have read the information material concerning the Products on the Website. In particular, they declare that they have read the correct methods of use and storage of the Products, hereby relieving the Seller and the Manufacturer of any and all liability arising from the incorrect storage and use of the same.

6. INTELLECTUAL PROPERTY

6.1. The trademarksP•ink Pelliconi," "Pelliconi," and more generally all other trademarks, illustrations, images, and logos appearing on the Products, related accessories, and/or packaging, whether registered or not, are and remain the exclusive property of the Manufacturer. The total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium, is strictly prohibited without the prior and explicit written consent of the Manufacturer. The same applies to copyrights, designs and models, and patents, which are the exclusive property of the Manufacturer.

6.2 The Seller and/or the Manufacturer shall not be liable for any expenses incurred and/or damages suffered by the Customer as a result of any legal action brought against the Customer, whether such action is brought solely against the Customer directly or against the Seller and/or the Manufacturer and the Customer jointly, relating to: a) compliance with the Customer's designs, specifications, or instructions; b) modifications made to the Products by third parties other than the Manufacturer after the Products have been shipped to the Customer; c) use of the Products or part thereof in combination with others, whether supplied by the Manufacturer or not; d) any direct or indirect infringement of a patent, trademark, utility model or other industrial property rights arising from the use of the Products.

6.3 The Seller and/or Manufacturer also declines any and all liability for the lithographs to be made on the Products, as well as for trademarks, names, various inscriptions, coats of arms, designs, etc., requested or applied by the Customer, who undertakes to hold the Seller and/or the Manufacturer harmless from any harmful consequences that may arise as a result of actions brought by third parties for any reason whatsoever.

6.4 The Seller and/or Manufacturer reserves the right to refuse or suspend the supply of Products if it considers that the trademarks, names, wording, designs, or other distinctive signs of the Customer infringe the industrial property rights of third parties, without prejudice, however, to the exclusion of any liability in this regard.

7. PRODUCT SAFETY (EU Regulation No. 2023/988 "GPSR")

7.1 All Products sold on this Website have been manufactured in accordance with EU Regulation No. 2023/988 on general product safety. Pursuant to Article 19 of the aforementioned Regulation, we provide below the information relating to the Manufacturer and the contact point via email: support.ecommerce@p-ink.shop.

7.2 For any reports regarding the safety of the Products, you can contact the Manufacturer at the above email address.

8. FORCE MAJEURE

8.1. The Seller shall not be held liable for any failure or delay in the performance of its obligations hereunder due to circumstances beyond its reasonable and foreseeable control ("Force Majeure Events").

8.2. Force majeure events include, but are not limited to, the following circumstances:

1. a) strikes, lockouts, and other industrial disputes;
2. b) civil unrest and insurrections, invasions, terrorist attacks or threats of terrorist attacks, armed conflicts (whether declared or not) or threats and preparations for conflicts;
3. c) fires, explosions, storms, floods, earthquakes, epidemics, or other natural disasters;
4. d) inability to use public or private means of telecommunication;
5. e) pandemics and lockdowns.

8.3. The performance of the Seller's obligations under these General Terms and Conditions of Sale shall be deemed suspended for the period during which the Force Majeure Events persist. Notwithstanding the persistence of the Force Majeure Events, the Seller undertakes to do everything in its power to find solutions that will enable the proper performance of its obligations.

9. PRIVACY

9.1. The Customer's personal data will be processed in accordance with the privacy policy.

9.2. For any other information regarding the processing of personal data, the Customer may contact the Seller by filling out the following form.

9.3. Within the limits of the law, the Seller may use the personal information provided by the Customer in order to carry out appropriate payment and anti-fraud checks. In this regard, the Seller, as part of its data processing activities in accordance with applicable law, may ask the Customer to provide their identification details, including, where applicable, a copy of their identity document; the personal information provided by the user may be subject to verification, including by third parties such as a credit reference or fraud prevention agency, which may keep a record of such information.

10. ASSIGNMENT AND MODIFICATIONS

No order placed by the Customer nor any rights arising therefrom may be transferred by the Customer to third parties without the prior written consent of the Seller.

Any changes to these general terms and conditions of sale must be made and proven exclusively in writing.

11. APPLICABLE LAW AND JURISDICTION

11.1. These General Terms and Conditions of Sale and the individual contracts concluded with the Customer are governed by Italian law.

11.2. Any dispute arising from the interpretation, execution, or validity of these General Terms and Conditions of Sale and related contracts shall be subject to the exclusive jurisdiction of the Court of Bologna.