Allgemeine Geschäftsbedingungen

APPLICABILITY

Die nachstehende Rückgabebelehrung gilt nur für Verbraucher im Sinne des § 13 BGB, also nur für natürliche Personen, die ein Rechtsgeschäft (Erwerb der auf der Internetseite www.pensato.com zum Verkauf stehenden Produkte) zu einem Zwecke abschließen, der weder ihrer gewerblichen noch ihrer selbständigen beruflichen Tätigkeit zugerechnet werden kann. These conditions are applicable to the exclusion of all other conditions, including those applicable for sales conducted in-store or by any other distribution or marketing channel. Unsere Geschäftsbedingungen sind jederzeit auf dieser Internetseite abrufbar, sie ersetzen jede etwaige andere Version/Dokument. Soweit nicht anders bewiesen, gelten die von Boutique Fernando Pensato gesammelten Daten als präziser Beleg aller zwischen den Parteien ausgeführten Transaktionen.

IDENTITY OF THE VENDOR

Boutique Fernando Pensato Siège social: 2 Boulevard d'Italie MC 98000 MONACO R.C.I: 85 P 04554 code : n° TVA : FR620000010204 Correspondance: Boutique Fernando Pensato 2 Boulevard d'Italie MC 98000 MONACO

CUSTOMER SERVICE

For questions or further information, contact the Boutique Fernando Pensato customer service: tél: +377 93 25 00 30 from Monday to Friday 10h00 to 12h00 and 14h30 to 18h30 e-mail :boutique@pensato.com Correspondance: Boutique Fernando Pensato 2 Boulevard d'Italie MC 98000 MONACO

ORDERS

The client may use the site to select his or her desired products as follows: - compilation of a shopping cart by the client while browsing items - once the client has finished compiling the cart, he enters his personal information for billing and delivery purposes - summary of the order with full fee calculation, plus selection by the client of the payment method, then validation - if payment is made online by bank card, the client is redirected to the bank establishment responsible for securely recording the client's payment - for all other payment methods, the client confirms the order and sends. By validating the order at the end of the ordering process, the client expressly declares his consent to the order as well as the entirety of these Terms and Conditions of Sale, without reserve or restriction, with the data recorded by the Boutique Fernando Pensato constituting proof of all transactions between the client and the Boutique Fernando Pensato. By the same token, the data recorded during payment procedures constitute proof of the clients payment as compensation for the sale of the selected products.

AVAILABILITY

Our products are shipped within 24 business hours (see expedition chart) after payment is received. In case of temporary or permanent unavailability of any product after an order has been placed, the client will be informed by mail or e-mail as soon as possible. The client may ask to cancel the order or exchange for another product by e-mail at boutique@pensato.com Payment for the order will be collected on the day when items are sent, and not when the order is placed. The Boutique Fernando Pensato accepts no responsibility for unavailability or cancellation of a style by its suppliers.

RATES

Products are provided for the price given when the order is placed with the vendor. Prices are expressed in euros, all taxes included. These prices do not include shipping and transportation fees (see shipping chart). All orders, whatever their origin, are payable in euros. The Boutique Fernando Pensato reserves the right to modify its prices at any time. Products will nevertheless be billed based on the current rates at the moment that the order is placed, conditional upon availability. All products remain property of the Boutique Fernando Pensato until full payment of their price. A bill will be established by the vendor and transferred to the client upon delivery of the products ordered.

CONDITIONS OF PAYMENT

Payment for your purchases is conducted in euros either: - by debit card, Visa, MasterCard, American Express The choice of payment method for products ordered will be made when the order is placed. For payment by bank card, you will transmit your card's information directly to La Caisse d'Epargne that safeguards the securing process of www.pensato.com. Our online bank card payment is fully secure: we use the SSL (Secure Socket Layer) protocol. Bank card payments accepted still undergo certification to be validated. Cards issued by banks based outside of France must be international bank cards. Payment for the order will be collected on the day when items are sent, and not when the order is placed. When an item is declared unavailable, your card is not debited. Your order will be shipped after payment is received and accepted. For payment by bank check, the check must be issued by a bank based in metropolitan France or in Monaco, and the payee must be the title-holder of the bank account at the address that appears on the check. For payment by wire transfer, the client is responsible for all bank fees. Payment by the client will be considered final only after the vendor has collected the sum owed. In case of non-payment by the client, for all or part of the full price of the order, the vendor reserves, until full payment, the right of property on all products sold, and the right to repossess said products.

RIGHT TO REVOKE

The client is permitted seven full days, beginning upon delivery date, to return the products in order to renounce a purchase. Full refund of the total sum paid by the client upon placement of order will be made in the name initially given by the client and at the billing address given to the vendor, a maximum of 30 days after the right to revoke is exercised. The products must be returned in their original packaging and in perfect condition, with the intention to retract the order marked on the return form. No package will be accepted cash-on-delivery, whatever the motive. For any information on return procedures, the client can contact the Boutique Fernando Pensato customer service at: tél: +377 93 25 00 30 from Monday to Friday 10h00 to 12h00 and 14h30 to 18h30 e-mail :boutique@pensato.com

DELIVERIES

Products are sent to the delivery address indicated by the client during the ordering process. Shipping is conducted in Colissimo by La Poste services. Except in particular cases or unavailability of one or more products, all products ordered are sent at once. Shipping fees are detailed in the shipping costs and delivery chart. The vendor agrees to take all possible steps to deliver all products ordered by the client in a timely manner, without any damages, reserve, or cancellation of the order by the client. The client is responsible for verifying the condition of products delivered immediately upon reception. The client is given fifteen days after reception to record, in writing (postal mail, electronic mail, Fax), any complaints or reserves for non-conformity or obvious defects on the products delivered, with all applicable documentary evidence. Past this timeframe, the client having failed to respect this formality, the products will be assumed to be in conformance with all standards and free of apparent defects, and the vendor cannot accept any return. The vendor will replace or refund, as quickly as possible, the products delivered and associated fares, assuming apparent defects and non-conformities have been duly proven by the client. Any return of this type must be addressed to the Boutique Fernando Pensato customer service, who can be contacted at: boutique@pensato.com

BUYER'S ACCEPTANCE

For any person, natural person or legal person, the act of placing an internet order on the Boutique Fernando Pensato (www.pensato.com), implies full acceptance and adherence to these Terms and Conditions of sale; this is expressly understood by the client, who agrees, in particular, not to recognize any contradictory document, which would be void by the vendor.

RESPONSIBILITY OF THE VENDOR - GUARANTEE

Any guarantee is excluded in case of incorrect use, negligence, or improper care on the part of the client, as in cases of normal wear and tear or fortuitous event. The products sold on the internet site conform to current regulations in France. The vendor does not take responsibility in cases of non-respect of the legislation of the country to which the products are delivered. It is the responsibility of the client to verify such information. Photographs and illustrations that accompany products displayed on the site have no contractual value, and the vendor cannot be held responsible for them. The client is solely responsible for the choice of products, their preservation, and their use. The vendor will not be considered responsible nor deficient for any delay or non-consecutive execution in the case of fortuitous event recognized by case law (such as disturbances, full or partial strikes of postal services and means of transport...) or in case of inventory shortage or unavailability of the product. This internet site contains certain hypertext links which redirect clients to sites other than www.pensato.com. The Boutique Fernando Pensato accepts no responsibility for the content of these sites and cannot be held responsible for the existence on these sites of quotes or dispositions contrary to currently enforced laws and regulations.

CONTRACT LANGUAGE - APPLICABLE LAW

By express agreement between the parties, the present contract is submitted to and managed by French law. In case of litigation, only the text expressed in the French language will stand, to the exclusion of any other.

REGISTERED INFORMATION - INFORMATION TECHNOLOGY AND FREEDOMS

In compliance with law number 78-17 of January 6, 1978, the vendor reminds you that the registered data asked of the client are necessary for the completion of his order and are destined for internal use by the vendor. These registered data may be transmitted to third parties or partners of the vendor if necessary. The client has the right to access, modify, correct, or oppose information that concerns him, under the conditions provided for by the law and current regulations. To that extent, the client must send his request by e-mail at the following address: boutique@pensato.com indicating his first name, last name, and address.

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