The site www.pepepositano.com is owned by Pepè Positano srl, with registered office i Via Pasitea, 99 – 84017 Positano (SA)Italia (d’ora in avanti “Pepe’s s.r.l.s”) con P.IVA 053624400656
Conclusion of the contract and acceptance of the general conditions of sale.
1. If the Customer is a consumer (i.e. a natural person who buys the goods for purposes that are not related to their business or professional activity, or does not make the purchase indicating a VAT number in the order form), the contracts concluded with Pepè Positano srls accessing the Site are governed by the Legislative Decree 6 September 2005 n. 206 (Consumer Code). Pepè Positano srl also complies with the obligations deriving from Legislative Decree 9 April 2003 n. 70 (Implementation of Directive 2000/31/ EC concerning certain legal aspects of information society services in the internal market, with particular reference to electronic commerce).
2. The contract stipulated between Pepè Positano srls and the Customer must be considered concluded when the order sent by the Customer – in compliance with the purchase procedure indicated on the Site – reaches the address of the Site. The order sent by the Customer will be binding for Pepè Positano srl only if the entire purchase procedure has been completed regularly and correctly, without any indication of error messages from the Site.
3. By submitting the order, the Customer acknowledges and declares to have read all the information provided to them during the purchase procedure and to fully accept the general conditions of sale.
Right of withdrawal
4. In accordance with art. 5 of Legislative Decree 206/2005, if the Customer is a consumer (i.e. a natural person who buys the goods for purposes that are not related to their business or professional activity, or does not make the purchase indicating a VAT number in the order form), they have the right to withdraw from the contract for any reason, without needing to provide explanations and without any penalty, except as indicated in the following articles 5, 6 and 7.
5. To exercise the right of withdrawal, the Customer must send a letter to Pepè Positano srls within fourteen days from the date of receipt of the goods. This piece of communication must be sent by registered letter to:
Pepè Positano
Via Pasitea, 99
84017 Positano (SA)
Or e-mailed to www.pepepositano.com, again within the aforementioned fourteen-day timeframe. Once the communication containing the declaration of withdrawal is received, Customer Service will inform the Customer – via e-mail – about the address to which the goods need to be returned. The Customer must send the product with its original packaging and with everything originally contained to the indicated address. The shipping costs for returning the goods are charged to the Customer. The Customer must return the goods within fourteen days from the communication to the Customer, via e-mail, of the address to which the goods are to be shipped. The shipment is under the responsibility and risk of the Customer until the goods are received by www.pepepositano.com. Upon receipt of the goods, Pepè Positano srls will check their integrity and refund the amount of the purchased product to the Customer. The refund will take place within fourteen days from the notice of withdrawal, except for the non-receipt of the returned product by Pepè Positano srls. The refund will be issued by bank transfer, or in accordance with the rules set by the credit card service or PayPal ®.
6. The right of withdrawal can be exercised only if the purchased product is not damaged. It is not possible to exercise withdrawal only on part of the purchased product (e.g. accessories, etc.). The right of withdrawal cannot be exercised for tailor-made or personalised products or which, by their nature, cannot be returned or can deteriorate or expire rapidly. The purchased product must be returned intact and in its original packaging, complete in all its parts. In the event of damage to the goods during transportation, Pepè Positano srls will inform the Customer of what happened (within five working days after receiving the product in its warehouse), to allow the Customer to promptly raise a complaint against the courier chosen by them and get a refund for the value of the product (if insured by the Customer). Pepè Positano srls is not responsible for damage, theft or loss of the returned products with uninsured shipping at the Customer’s expense.
7. The right of withdrawal lapses if the returned goods have a defect and the external and / or internal packaging or elements of the product (accessories, etc.) are missing, or the product has been damaged due to causes other than transportation. If the Customer lose their right of withdrawal, Pepè Positano srls will return the purchased product to the Customer, charging the shipping costs to the Customer.
8. All products sold by Pepè Positano srls are covered by the manufacturer’s standard warranty and, for the customer who is a consumer (a person who buys goods for purposes that are not related to their business or professional activity, or who makes the purchase without indicating a VAT number reference in the order form), also by the legal guarantee for conformity defects, as per articles 128-135 Legislative Decree n. 206/2005. To qualify for warranty service, the Customer must keep the invoice they will receive via e-mail in PDF.
9. The manufacturer’s standard warranty is provided as per the description in the documentation included in the product packaging. If, as a result of intervention by an Authorized Service Centre, the defect is not covered by the manufacturer’s standard warranty, the Customer will be charged for any verification and recovery costs required by the Authorized Assistance, as well as transport costs, if paid by Pepè Positano srls .
10. The legal guarantee in favour of the Customer covers the conformity defects that exist at the time of delivery of the goods, which occurred within two years of delivery of the goods. The conformity defects must be communicated within twenty-six months of delivery of the goods. In case of conformity defects, the Customer has the right to restore, without any charge, the conformity of the goods by repair or replacement, or to an adequate price reduction or termination of the contract, according to the provisions of art. 130 of Legislative Decree n. 206/2005.
Once the communication is received, the Customer Service of Pepè Positano srls srls will contact the Customer to communicate the return methods. Pepè Positano srls will send its own courier to collect the product without any additional cost for the Customer. The product must be returned by the Customer, in the original packaging if possible. Once the product returned by the Customer is checked, Pepè Positano srls will arrange for a replacement or repair and will proceed with the shipping of the product, except for what is stated by art. 130 of Legislative Decree n. 206/2005.
Any external damage to the packaging must be immediately reported to the Courier by affixing SPECIFIC RESERVE OF DAMAGE on the delivery note. As required by current legislation, the maximum term for reporting transport damage is 8 days after receiving the goods.
Complaints
11. Any complaint by the Customer must be sent via e-mail to the e-mail address info@pepepositano.com or by writing to Pepè Positano srls Via Pasitea, 99, 84017 Positano (SA).