Terms of sale

Terms and conditions

1. Purpose of this document

1.1 These General Conditions of Sale (the 'General Conditions') have been drawn up in accordance with Title III, Part I of Legislative Decree No. 206 of 6 September 2005 (the Consumer Code) as amended by Legislative Decree No. 21 of February 2014 (Implementation of Directive 2011/83/EU), and govern the sale by Achille Pinto S.p.A., registered office Via Santa Tecla n° 3, Milan (20122 - Italy), share capital € 1.300.000 fully paid-up, Milan Business Register enrolment No. MI_1858842, tax code and VAT No. 00198300139 ('Achille Pinto') - to the end-consumers purchasing (the 'Clients') the products (the 'Products') traded by Achille Pinto under the name “Pierre-Louis Mascia” through the www.pierrelouismascia.com website (the 'Site').

For the purposes of these General Conditions, 'end consumer' shall mean any individual acting for purposes other than any entrepreneurial, commercial or professional activity or handicraft exercised or carried on.

In consideration of the above Achille Pinto reserves the right to abstain from processing orders sent by persons other than the Clients and to set a maximum number of Products that can be purchased in each Product category.

Information about these General Conditions and/or purchases made on the basis of the same can contact Customer Care by e-mail at customerservice@pierrelouismascia.com.

2. Procedure for conclusion of the contract

2.1 The information and details set out in the area of the Site that specifically deals with e-commerce shall not be treated as an offer and instead simply comprise an invitation to Clients to conclude business by submitting an order.

The order of the Products is send in electronic format that the Client is required to complete and confirm in the order summary screen.

The Client may provide a delivery address that is different to the address given as part of the personal details provided.

The Client must only confirm and submit the order as final at the end of the purchase process, by clicking on the “confirm order with payment” button that appears on the last page of the purchase procedure.

The Client is expressly invited to check the correctness of each order prior to confirmation, inserting all information present on the Site. The order will be confirm to the Client with the payment.

Once the order form has been sent as final, a page will appear that sets out a summary of the order; an e-mail confirming receipt of the order will also be sent.

By sending the order form, the Client accepts that any purchase contract will be governed by these General Conditions of Sale.

2.2 Orders are subject to acceptance by Achille Pinto, who reserves the right to refuse, at its sole discretion, any order submitted where:

  • the information provided by the Client when completing the order form is incomplete or incorrect;
  • the Client does not qualify as an end consumer or is unable to comply with the terms of payment;
  • the Products ordered are unavailable. In such circumstances, Achille Pinto will not be liable for changes in availability of certain Products. Where only a certain number of the Products ordered are unavailable and there are no other grounds for a legitimate refusal to accept the order submitted, Achille Pinto shall be entitled to process the order submitted solely in relation to those Products that are in fact available.

In the circumstances set out above, Achille Pinto will inform the Client via e-mail that the order submitted has not been accepted (in whole or in part), explaining why, and the contract will not, therefore, be concluded. In such circumstances, Achille Pinto will reimburse the Client with any amounts that the Client has already paid.

2.3 The purchase contract between the Client and Achille Pinto will only be concluded when the Client's order has been accepted by Achille Pinto. In such circumstances, Achille Pinto will send the Client confirmation that the order is being processed, using the e-mail address provided by the Client.

3. Prices and terms of payment

3.1 The sale prices for the Products and the Services and the delivery charges and methods of payment are as set out on the Site and are in euros.

The Product sale price includes VAT, due as provided for by Law, and delivery charges. Any customs clearances costs, including any import duties, shall be borne by the Client and will be added to the total amount due.

A proper invoice will be issued at the time of payment. The aformentioned invoice shall be sent to the Client together with the Products.

Achille Pinto reserves the right to change the prices set out on the Site at any time; price changes will not, however, apply to Products in orders that have already been sent by the Client.

In no circumstances will Achille Pinto be held liable for any price changes.

3.2 The Client undertakes to pay the price of the Products purchased via one of the following payment methods:

  • Credit card online: payment with Visa, Mastercard, American Express, Maestro, Diners.

Credit card payments are handled directly by secure servers that use encryption protocols, with the security of online transactions thereby guaranteed. This means that the Client's credit card details are not disclosed to Achille Pinto.

Credit cards will be subject to checks and authorisation by the card issuer. Achille Pinto will not be held liable for a failure by the card issuer in question to provide authorisation.

Once the contract has been concluded in accordance with Clause 2 above, the debit on the credit card will become final, without prejudice to the mandatory rules concerning the right of withdrawal and/or the statutory guarantee.

The credit card data shall be managed with the utmost confidentiality directly by the card network. Achille Pinto is not liable for any fraudulent or illicit use of credit cards by third parties for the payment of products purchased from the www.pierrelouismascia.com website. With reference to the above, Achille Pinto reserves the right to cancel the transaction and the relevant orders whenever a fraudulent use of credit cards is reported.

4. Dispatch of Products

4.1 The Products will be delivered through DHL. Delivery times and methods are those generally applied by the aforementioned courier.

The costs of transport will be borne by Achille Pinto. Any customs clearances costs, including any import duties, shall be borne by the Client.

Once the Products have been dispatched, Achille Pinto will inform the Client by e-mail of this, explaining how to track progress.

Where dispatch is delayed for reasons beyond Achille Pinto 's control, the Client will be advised promptly by Achille Pinto's customer care team.

4.2 Achille Pinto will deliver the Products purchased to the address provided by the Client and in accordance with the delivery procedure set out below.

  • The products will be dispatched by the aforementioned courier.
  • Delivery will be scheduled for between three and five business days from the date on which the order was confirmed by Achille Pinto. Express delivery is not currently available.
  • Delivery will be without appointment and at street level between 8.00 am and 19.00 pm, Monday to Friday.
  • The e-mail confirming dispatch will contain a code that the Client can use on the courier's website to track progress.

4.3 Achille Pinto is released from any liability in the event of a delay as a result of events, acts, facts or circumstances that could not have been foreseen when the contract was concluded, are inevitable or beyond its control (e.g. strikes, riots or natural disasters, etc.). In such circumstances, Achille Pinto will promptly notify the Client of the new timescale for delivery and shall make every effort to comply with its obligations in full as established in the contract.

For the purposes of these General Conditions, delivery will be deemed to have taken place upon signature confirming receipt of the products at the delivery address agreed upon.

5. Right of withdrawal

5.1 The Client is entitled to withdraw from the contract concluded with Achille Pinto without giving any reason within 14 days from the date on which the Client, or a third party appointed by the Client, takes physical possession of the Products ordered. Where a contract relates to a number of products ordered by the Client in one single order and delivered separately, the withdrawal period will expire 14 days from the day on which the Client, or a third party other than the carrier (courier) and appointed by the Client, takes physical possession of the last of the products.

5.2 In order to exercise the right of withdrawal, the Client must expressly notify Achille Pinto of its decision to withdraw from the contract. To do so, the Client can:

  • contact Customer Care by e-mail at customerservice@pierrelouismascia.com. Achille Pinto will send confirmation of receipt of the request of withdrawal to the Client's e-mail address without delay;
  • send notice by mail to Achille Pinto S.p.A., Via Roma n° 9, 22070 Casnate con Bernate (Italy) or by fax +39 031565921.

In order to meet the deadline for withdrawal, it is sufficient for the Client to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

6. Effects of withdrawal: timescale and procedure for a reimbursement of the price of the Products returned

6.1 In case of withdrawal from the contract entered into with Achille Pinto, any payments made to Achille Pinto will be reimbursed to the Client, net of any discounts and/or promotional offers, including delivery costs, without any undue delay and in any event no later than 14 days from the day on which Achille Pinto was informed of the Client's decision to withdraw from the contract. The reimbursement may in any event be withheld until receipt of the Products or until the Client has supplied evidence that the Products have been sent back, whichever is the earliest.

Reimbursements will be processed using the same means of payment used by the Client for the original transaction, save where agreed otherwise with Achille Pinto. The Client will not, however, incur any costs as a result of the said reimbursement.

Where the recipient of the Products as stated in the order form and the person who paid the amounts due for the purchase of the Products are not the same, where the right of withdrawal is exercised, Achille Pinto shall reimburse the person who made payment.

6.2 Products are to be returned via a freight forwarder to the following address:

Achille Pinto S.p.A., Via Roma n. 9, 22070 Casnate con Bernate (Italy)

without any undue delay and in any event within 14 days of the day on which the Client communicated the withdrawal from the contract. This deadline will be met if the Products are sent back before the 14-day period expires. The direct costs of returning the Products will be borne by the Client.

In particular, before returning the Products, the Client is required to check that the Products in relation to which the withdrawal right has been exercised are in a normal state of preservation, still in their original wrapping and intact (including packaging and accompanying documentation).

6.3 In accordance with the law in force, the Client shall be liable for any diminished value of the Products as a result of handling other than what is necessary to establish the nature and characteristics of the Products. Where Products are returned other than in excellent condition or are damaged, have been used, are worn or otherwise altered or handled beyond the extent strictly necessary in to established their nature and characteristics, Achille Pinto will be entitled to withhold, from the total amount to be reimbursed, an amount equal to the cost of reconditioning the Products subject to a maximum amount that is equal to their overall value.

7. Products, customer assistance and statutory guarantee

7.1 The Products displayed on the Site are products owned by Achille Pinto or other products legitimately sold by Achille Pinto.

While the characteristics of each Product are set out on the Site in each 'product specification', the colours of the Products may not be a perfect match with the actual colours as a result of the effects of the internet browser and monitor used by the Client.

7.2 For any aspect of post-sales assistance, the Client should contact Customer Care by e-mail at customerservice@pierrelouismascia.com. Alternatively, the Client can contact Achille Pinto by mail to Achille Pinto S.p.A., Via Roma n. 9, 22070 Casnate con Bernate (Italy) or by fax +39 031565921.

7.3 Where the Client considers that the Products purchased are defective, they can be returned as follows:

Achille Pinto S.p.A., Via Roma n. 9, 22070 Casnate con Bernate (Italy)

The Client must follow the instructions provided by Customer Care and, in the event of any doubt regarding the packaging or delivery address, should contact Customer Care by e-mail at customerservice@pierrelouismascia.com.

The Products must be returned in their original wrapping, which must be complete in all of its parts, including packaging and accompanying documentation.

7.4 Achille Pinto will examine the Product carefully and confirm or otherwise that the returned Product has been accepted as 'defective'.

Where defective Products are accepted, Achille Pinto will fully reimburse the Client, including the direct costs of returning the Products borne by the same, without prejudice to the rules concerning the statutory guarantee, if applicable. Reimbursements will be processed using the same means of payment used by the Client for the purchase of the Products.

7.5 The Products purchased on the Site by a Client as a 'consumer' are covered by the statutory guarantee of conformity that binds the vendor (i.e. Achille Pinto) by law in relation to each good sold pursuant to Title III Part I, Articles 128 et seq. of the Consumer Code (referred to as the 'Statutory Guarantee').

The Statutory Guarantee guarantees the good in relation to any lack of conformity with the contractual specifications.

Where, pursuant to the Consumer Code, the Statutory Guarantee applies, the Client will be entitled to have the goods brought into conformity free of charge by repair or replacement; where this is not possible, the Client will be entitled to an appropriate reduction in the purchase price or termination of the contract.

Achille Pinto is therefore liable for the conformity of the Products if any lack of conformity becomes apparent within two years of the date of the delivery of the Products.

The Client must report the lack of conformity to Achille Pinto within two months of discovery of the same, under penalty of forfeiture. The report is to be submitted by contacting Customer Care by e-mail at customerservice@pierrelouismascia.com or by mail to Achille Pinto S.p.A., Via Roma n. 9, 22070 Casnate con Bernate (Italy)or by fax +39 031565472.

For further information about the Statutory Guarantee, please contact Customer Care phone number +39 031398611.

8. Personal data protection

8.1 In terms of compliance with all requirements in relation to the collection and processing of Clients' personal data and the purposes of the same, please see the notice on the Site in the new-client registration area; this notice can also be found on the following link: www.pierrelouismascia.com/privacy-policy.

In terms of the personal data protection policy adopted by Achille Pinto in relation to navigation within the Site, please see the Privacy Policy.

9. Applicable law and dispute resolution

9.1 The General Conditions of sale of the Products are governed by Italian law in particular by Legislative Decree No. 206 of 6 September 2005 (the Consumer Code), as amended by Legislative Decree No. 21 of February 2014 (Implementation of Directive 2011/83/EU), specifically in relation to the provisions governing distance contracts (Section I, Title III of the Code) and by Legislative Decree No. 70 of 9 April 2003 regarding certain aspects of e-commerce.

9.2 Any dispute regarding the validity, interpretation, termination or performance of these General Conditions of sale of the Products is subject to the exclusive territorial competence of (i) the court in the place where the Client is resident or domiciled, or (ii) should the Client be resident or domiciled outside the territory of the European Union, the Court of Milan (Italy).

10. Amendments

10.1 Achille Pinto reserves the right to amend these General Conditions at any time; the new version of the General Conditions of Sale will only apply to contracts concluded after it has been published on the Site. Achille Pinto also reserves the right to make changes to the Site, at its sole discretion and in any manner and/or at any time without notice.

Prices and terms of payment

1. The sale prices for the Products and the Services and the delivery charges and methods of payment are as set out on the Site and are in euros.

The Product sale price includes VAT, due as provided for by Law, and delivery charges. Any customs clearances costs, including any import duties, shall be borne by the Client and will be added to the total amount due.

A proper invoice will be issued at the time of payment. The aformentioned invoice shall be sent to the Client together with the Products.

Achille Pinto reserves the right to change the prices set out on the Site at any time; price changes will not, however, apply to Products in orders that have already been sent by the Client.

In no circumstances will Achille Pinto be held liable for any price changes.

2. The Client undertakes to pay the price of the Products purchased via one of the following payment methods:

  • Credit card online: payment with Visa, Mastercard, American Express, Maestro, Diners.

Credit card payments are handled directly by secure servers that use encryption protocols, with the security of online transactions thereby guaranteed. This means that the Client's credit card details are not disclosed to Achille Pinto.

Credit cards will be subject to checks and authorisation by the card issuer. Achille Pinto will not be held liable for a failure by the card issuer in question to provide authorisation.

Once the contract has been concluded in accordance with Clause 2 above, the debit on the credit card will become final, without prejudice to the mandatory rules concerning the right of withdrawal and/or the statutory guarantee.

The credit card data shall be managed with the utmost confidentiality directly by the card network. Achille Pinto is not liable for any fraudulent or illicit use of credit cards by third parties for the payment of products purchased from the www.pierrelouismascia.com website. With reference to the above, Achille Pinto reserves the right to cancel the transaction and the relevant orders whenever a fraudulent use of credit cards is reported.

Dispatch of Products

1. The Products will be delivered through DHL. Delivery times and methods are those generally applied by the aforementioned courier.

The costs of transport will be borne by Achille Pinto. Any customs clearances costs, including any import duties, shall be borne by the Client.

Once the Products have been dispatched, Achille Pinto will inform the Client by e-mail of this, explaining how to track progress.

Where dispatch is delayed for reasons beyond Achille Pinto 's control, the Client will be advised promptly by Achille Pinto's customer care team.

2. Achille Pinto will deliver the Products purchased to the address provided by the Client and in accordance with the delivery procedure set out below.

  • The products will be dispatched by the aforementioned courier.
  • Delivery will be scheduled for between three and five business days from the date on which the order was confirmed by Achille Pinto. Express delivery is not currently available.
  • Delivery will be without appointment and at street level between 8.00 am and 19.00 pm, Monday to Friday.
  • The e-mail confirming dispatch will contain a code that the Client can use on the courier's website to track progress.

3. Achille Pinto is released from any liability in the event of a delay as a result of events, acts, facts or circumstances that could not have been foreseen when the contract was concluded, are inevitable or beyond its control (e.g. strikes, riots or natural disasters, etc.). In such circumstances, Achille Pinto will promptly notify the Client of the new timescale for delivery and shall make every effort to comply with its obligations in full as established in the contract.

For the purposes of these General Conditions, delivery will be deemed to have taken place upon signature confirming receipt of the products at the delivery address agreed upon.

If for any reason you are not satisfied with your order, the item(s) can be returned for size exchange (depending on availability) or refund within 14 days of the merchandise's delivery date.

Return Instructions

To request the authorization to return an item you need to send an e-mail to customerservice@pierrelouismascia.com with the order no., the code of the item you wish to return and the reason for the return (size exchange or refund). Achille Pinto shall send you a confirmation by e-mail with the Return Authorization Number and the instructions to follow in order to return the merchandise.

The courier for the return of the item(s) shall be indicated in the e-mail sent by Achille Pinto.

The cost of the shipment from Europe of any returned item(s) carried out through the courier indicated by Achille Pinto shall be borne by the latter; should the Client choose a courier other than the one indicated by Achille Pinto, shipping costs shall be borne by the Client. For the rest of the world the Client may use the services of a courier other than the one indicated by Achille Pinto, given that shipping costs and any import duties are to be borne by the Client anyway.

Shipment of the returned item(s) must take place within 30 days of receipt of the order.

Return Terms and Conditions

The Security Tag must still be intact and attached to returned items. Item(s) must not have been worn, washed or altered in any way, and must not show any signs of use. Items must be returned with all original tags, packaging and other accessories received with the order.

In the case of defective or incorrect merchandise, clients must follow the instructions above. Achille Pinto reserves the right to request photographic support regarding defective or incorrect merchandise before authorizing a return for full reimbursement of shipping and import duties. All authorized returns must originate from the same country of the original shipment.

Achille Pinto reserves the right to refuse returns that are unauthorized and/or not sent in accordance with the return policy detailed online and in the Return instructions email. In these cases the merchandise shall be returned to the Client at the original shipping address.

The website www.pierrelouismascia.com (the “Website”) is the property of Achille PintoS.p.A. (hereafter referred to as “Achille Pinto”), with registered office at Via Santa Tecla n° 3, 20122 Milano (Italy), and is dedicated to present the products and services marketed under the sign “Pier Louis Mascia”. Unless otherwise stated, the content of the Website, including - inter alia - texts, images and layout, is property of Achille PintoS.p.A. and is protected by copyright.

Copyright 2016 - Achille Pinto S.p.A. - All rights reserved

The access to the Website and its use are subject to the following Terms and Conditions and to the legislation currently in force. By accessing and browsing the Website, the user accepts, without any restrictions or exception, the Terms and Conditions set out below.

Use of the Website

Any content that is viewed or read on the Website must be considered protected by copyright and may only be used according to the Terms and Conditions or the specific instructions outlined in the different sections of the Website.

Liability and guarantees

The material published on the Website originates from various sources, and therefore the Website might contain technical inaccuracies and/or transcription errors. Everything that appears on the Website is provided “as it is”, without guarantees of any kind, either implicit or explicit.

Achille Pinto undertakes to keep the Website updated as far as possible, but does not offer any guarantee regarding the accuracy of its content. Except where legally binding laws apply, Achille Pinto does not accept any liability for any possible error or omission present on the Website.

Achille Pinto does not assume any liability for events and/or damage, direct or indirect, which the user and/or any third party might suffer as a result of use of the Website, including, for example, damages from loss of profit or from savings not obtained.

In no event can Achille Pinto be held liable for any damage or loss of any nature that the user might suffer as a result of any operational failure of any service offered on the Website, and/or for the non-receipt of information and/or for its inaccuracy or incompleteness.

Personal data

Achille Pinto applies the current legislation regarding the protection of personal data (Legislative Decree no. 196 of 30 June 2003 Personal Data Protection Code). For further information on this subject, please refer to the Privacy Policy at the bottom of the Home Page on the Website.

Images

Unless where indicated otherwise, all the images, files and artistic work part of the Website are property of Achille Pinto and are published in full respect for the current law. The use of such images for purposes unrelated to this Website is strictly prohibited and protected by law.

Therefore the contents of the Website cannot be copied, reproduced, transferred or distributed without the prior written consent of Achille Pinto; users are also not permitted to save any content on their own computers (ore device) and/or to print out pages for their own personal use.

Trademarks and logos

The trademarks and logos that appear on the Website are registered trademarks and are property of Achille Pinto. No element of this Website should be considered or interpreted as granting permission or rights to use the trademarks/logos displayed on the Website. The trademarks and logos cannot be used and/or referred to, in any way, on other internet websites without the prior written consent of Achille Pinto.

To obtain such consent, please contact:

Achille Pinto S.p.A
Via Roma, 9
I-22070 Casnate con Bernate (CO) ITALY
Tel: +39 031.398611
Mail: customerservice@pierrelouismascia.com

Review clause

Achille Pinto has the right to review at any time this Terms and Conditions. Achille Pinto also has the right to change the Website, at its sole discretion, in any manner and/or at any time without prior notice.

Applicable law

The content of the Website will be interpreted and regulated in accordance with Italian law.