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Conditions of Use

INFORMATION
It is first specified that the present Terms and Conditions govern exclusively those sales made at Pensato & Cie online order, www.pensato.com/gourmetmarket.
The aim of these Terms and Conditions is to define contractual relations between Pensato & Cie and the buyer and terms applicable to all purchases made at the online store, whether the buyer is a professional or a private consumer.
The acquisition of goods or services from the present commercial site implies the unconditional acceptance by the buyer of the present Terms and Conditions.
These Terms and Conditions will prevail over all other general terms of sale not explicitly approved by Pensato & Cie for the online order.
Pensato & Cie reserves the right to modify these Terms and Conditions at any time. In this case, the applicable Terms and Conditions will be those in effect at the date of the buyer’s order.

 

Characteristics of goods and services offered
Products and services offered for sale online are only those listed in the Pensato online order form at the date of the order. These products and services are offered while stocks last. In addition, certain promotional offers are only offered during the indicated period and while published on the site.
Other Pensato & Cie products and services, which are not published in this catalogue, in particular those described on Pensato institutional site www.pensato.com, are not available for online purchase.
Photographs are for illustration and will not always represent the product perfectly, in particular with regard to colours. The buyer should consult the description of each product for more precise information with regard to a product’s characteristics or composition. The buyer may contact customer services for further details.

 

PRICES
Prices listed in the online store catalogue are in Euros and include all taxes, including VAT applicable on the day of the order; any change in rates may have repercussions on the prices of products or services. Pensato & Cie intra –community tax number is FR 89000063981.
The effective price is that indicated in the catalogue, on the day of the order, assuming there are no typing errors, and applies only to the online store. In addition, promotional offers are only valid during the indicated period and while published on the site.
Indicated prices include the price of the product and the online store’s handling and packaging costs. They do not include postage fees, which may be added to the invoice, the amount being clearly indicated to the buyer when s/he confirms the order. When placing an order the buyer may obtain an estimate of postage costs and the overall price directly on the site, but only the amount indicated on the order form and validated by the buyer is applicable.
Pensato & Cie reserves the right to change its prices at any time, it being however understood that the price listed on the order form and validated by the buyer at the time of payment is the only applicable price for the order concerned.
Postage costs are automatically calculated according to the weight of the parcel and vary according to the delivery area. For all products delivered outside the European Union, customs duty and various local taxes may be charged. The buyer agrees to pay the approved price, and to pay or have paid, the case arising, and this directly to the forwarding agent or carrier, the customs duty, VAT or other taxes applicable at time of the importation of the products into the country of the delivery address.
 
GEOGRAPHIC AREA
The online sale of products and services presented on the site is reserved exclusively for customers residing in the countries mentioned at the online store, and for deliveries requested in those geographic areas.
Pensato & Cie reserves the right to cancel an order from a country in which it does not have a specific distribution contract, or in which unusual local regulations apply to products.
 
ORDERS
For technical and security reasons, the amount of each order placed at the online store must be between minimum 30 € and maximum 2000 €. In addition, the total weight of the parcel must not exceed 30 Kg. For all orders exceeding this price or weight, the buyer may contact Pensato & Cie customer services.
  • The buyer wishing to purchase a product or service is obliged to :
  • Fill in the online order form, giving all references of products or services chosen by using the tools made available in order to manage the basket;
  • Declare that s/he has read and understood the present Terms and Conditions by ticking the relevant box when validating the order;
  • Validate the order after having checked the order form displayed on the site or if necessary correct any errors by returning to the form before validating;
  • Make the payment according to the agreed terms;
  • Confirm the order and its payment;
  • Confirmation of the order implies acceptance of the present Terms and Conditions, acknowledgement of having perfectly understood them and the renunciation of the exercise of other terms of sale.
The data provided and the recorded confirmation counts as proof of transaction. Confirmation counts as a signature and as acceptance of the transactions undertaken. You are reminded that in accordance with the civil code validation of the order form constitutes an electronic signature which has, between the parties, the same value as a written signature.
The recorded order confirmation is e-mailed after validation of payment to the e-mail address indicated by the buyer.
 
RETRACTION
The buyer, a non-professional person, has seven days to exercise her or his right of retraction. This period begins as from reception of the order or acceptance of the offer of service. The buyer must contact Pensato & Cie customer services to return the product or cancel the service should its execution not yet be implemented. The buyer will be reimbursed immediately without charge, with the exception of initial postage costs and the costs of return postage, no later than thirty days following the date at which the buyer exercised the right of retraction.
In the event that the delivered product does not correspond to the initial order, Pensato & Cie agrees to send the buyer the product ordered at no extra cost or to reimburse the client as soon as possible.
Pensato & Cie agrees to honour orders received at the online store only while product stocks last. In the event of a product being unavailable, Pensato & Cie will inform the buyer as quickly as possible; the amount corresponding to the product price and if relevant to the postage cost will be reimbursed to the buyer except where the latter accepts the restocking delay or an exchange with other products.
Pensato & Cie reserves the right to refuse any order in the case of existing litigation with the buyer, including: total or partial non-payment of a previous order, refusal of a bank institution to authorise a credit card payment.
 
METHODE OF PAYMENT
Payment should be made at the time of the order, all orders are payable in Euros whatever their origin.
Payments are made by credit card (cards accepted are those listed on the site).
When payment is accepted, a receipt of payment is e-mailed to the e-mail address indicated by the buyer. If payment is refused, the order is cancelled.
 
DELIVERIES
Deliveries are made to the postal address indicated by the buyer on the order form; this can only be within the stated geographical area and total parcel weight.
Risks are borne by the buyer from the moment the products leave Pensato & Cie’s premises. In the event of damage during transport, a reasoned protest must be sent to the carrier within three working days after delivery and a copy must be sent to Pensato & Cie customer services.
Pensato & Cie promises to deal with the order rapidly and at the latest within two working days following reception of the order form and acceptance of payment, while stocks last. Pensato & Cie also agrees to choose the carrier offering delivery guarantees in order to deliver parcels in the best conditions. In the event where the carrier offers a package tracking service, all information required for using this service will be available to the buyer on request.
Delivery times are given by the carrier and are his sole responsibility; however if this time exceeds thirty days starting from the first working day after confirmation of the order and acceptance of payment, the contract of sale may be terminated and the buyer reimbursed.
Pensato & Cie does not accept liability in the event of a delivery date not met by the carrier or due to a lack of addressee on the indicated address or if the address provided by the buyer is incorrect or not recognised by the postal services.

 

GUARANTEE
All products provided by Pensato & Cie are legally guaranteed as provided for by article 1641 and subsequent articles of the Civil Code.
In case of non-conformity of the products sold, the buyer may return them to Pensato & Cie who will take them back, exchange them or refund their cost.
All complaints or requests for exchange or refund must be referred to Pensato & Cie customer services within thirty days of delivery.

 

13. FILING - PROOF
Pensato & cie will archive order forms and invoices in a reliable and lasting format constituting a faithful copy according to the provisions of Article 1348 of the Civil code. Pensato & Cie's electronic accounts will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

 

LIABILITY
The products and services offered are in conformity with European legislation under European standards applicable in the EEC. Pensato & Cie cannot be held liable in case of disregard of national legislation within the country to which the goods are sent (for example in case of prohibition of a product…). It is up to the buyer to check with local authorities the possibilities for the import or the use of products or services that they want to order.
In the online sale process, Pensato & Cie is only required to abide by an obligation of means. It cannot be held liable for damage resulting from the Internet network, such as the loss of data, intrusion, virus, service failure or other involuntary problems. Moreover, Pensato & Cie cannot be held liable for access to other sites via the online store.

 

SETTLEMENT OF DISPUTES
The present online Terms and Conditions are subject to Monegasque law. The language in which the present contract has been recorded is French; all translation on the site is given for information purposes only. In case of dispute, the Monegasque courts will have sole jurisdiction; competence will be attributed in particular to the Monaco (98000) Court of First Instance.
 
CUSTOMER SERVICES
For all information or enquiries, Pensato & Cie customer services are available for users of the online store. Products should be returned to the customer services address.

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