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Terms and conditions

General conditions of Sale
Version 11/15/2022

These general conditions of sale ("General Conditions of Sale") govern the offer and sale of Products, as defined below, via the website www.pillo-wshop.com ("Site") by NEWI S.r.l.s. with registered office in Via Giudice Falcone 103 - 97100 Ragusa (Italy), C.F. and VAT number 01767290883 ("NEWI")

1. General provisions
1.1 These General Conditions of Sale apply to all contracts concluded between the Customer (hereinafter "Customer") and NEWI via the Site.
1.2 The offer and sale of the Products through the Site constitute a contract governed by Legislative Decree no. 6 September 2005. 206 (“Consumer Code”), from Legislative Decree 9 April 2003, n. 70 and, although not specifically indicated, by other applicable Italian regulations.
1.3 The products distributed by NEWI through the Site consist, in particular, of shielding cushions, also customizable ("Products"). All the Products offered to users are illustrated on the homepage of the Site and/or within the various web pages of the same.
1.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.5 NEWI reserves the right to modify the General Conditions of Sale at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site with indication of the version and update date. Customers are, therefore, invited to access the Site and consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.6 The purchase of Products via the Site is permitted both to Users who have the status of consumers, pursuant to art. 3, co. 1, letter. a) of the Consumer Code, both to Users who do not have this capacity, after creating a personal account ("Account"). The purchase is permitted to natural persons only on condition that they are at least eighteen years of age. In order to verify the existence of the minimum age required by law, NEWI may request the tax code or an identification document. If the tax code shows that the User is under 18 years of age, he or she will be prohibited from continuing with the purchase process and placing the relevant order. In any case, if, for any reason, even of a technical nature, the purchase order is still sent, it will be immediately terminated pursuant to and for the purposes of the art. 1456 of the Civil Code, given its opposition to current legislation. The User will be promptly informed by e-mail of the cancellation of the order and, if the payment has already been made, NEWI will refund the total amount paid, consisting of the purchase price of the Product, shipping costs, if applied, and from any other additional costs, as indicated in the purchase order, with the methods and timing indicated in relation to the specific payment method used.
1.7 NEWI reserves the right to refuse or cancel orders that come from (i) a Customer with whom it has an ongoing legal dispute; (ii) a Customer who has previously violated these General Conditions of Sale; (iii) a User who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) Customers who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent NEWI any documents requested by it or who have sent invalid documents.

2. Orders
2.1 For the purpose of completing a purchase of one or more Products through the Site, the Customer may complete an order through the online shop procedure or by communicating directly with NEWI, via email to info@pillo-wshop.com.
2.2 Orders can also be completed and forwarded to NEWI by telephone at 0039 3932031426.
2.3 It is the Customer's responsibility to ensure that he has identified and corrected any errors in data entry and that he has followed the instructions on the Site.
2.4 It is also the Customer's responsibility to ensure that they have read and examined these General Conditions of Sale before confirming the sending of the order.
2.5 The language available to Customers for the conclusion of the contract is Italian and English.
2.6 Sending the order corresponds to acceptance of the General Conditions of Sale and constitutes an irrevocable proposal.
2.7 The order will be archived in the NEWI database for the time necessary for its execution and, in any case, within the terms of the law; In any case, the Customer will be able to view the essential elements of their order by reading the summary email which will be automatically sent to the email address provided by the Customer.
2.8 The order sent by the Customer to NEWI will be considered accepted by the latter and, therefore, the purchase contract concluded when the Customer receives the order confirmation in his email inbox.
2.9 Differently from the provisions of the previous point 2.8, personalized orders will be executed based on the Customer's instructions and information. In this case, NEWI will send the graphic project to the User via e-mail before proceeding to print the goods and, only once the User sends the final confirmation of this project to NEWI, the contract will be considered concluded and perfected.

The Products that can be purchased on the Site
3.1 Unless otherwise indicated on the Site, the Products available for purchase are those offered on the Site and/or within the various web pages of the same at the time the order is placed by the User.
3.2 The price of each Product is expressed in Euros and includes VAT.
3.3 NEWI reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to the Customer will be that indicated on the Site at the time the order is placed and that any variations will not be taken into account (increasing or decreasing) following the transmission of the same, except in cases where the prices indicated on the Site with reference to a specific Product are disproportionately incompatible with the normal market prices of such Product due to obvious material errors.
3.4 For each Product offered there is a summary sheet on the Site which illustrates the main characteristics. In particular, this summary sheet contains a description that reports the characteristics of the Products as faithfully as possible; however, the User is advised that such images must be understood as merely indicative of the actual product. For this reason NEWI does not guarantee the exact correspondence between the representative images of the Products (and the related colors) present on the site with the actual product.
3.5 With reference to Products made to measure or personalized, similarly to the previous point 3.4, NEWI does not guarantee the perfect and exact correspondence between the images and the relative colors of such Product viewable on the Site with respect to the Product being printed. The Customer therefore expressly accepts that there may be minimal qualitative differences between the Product viewable on the site compared to the real one, with a tolerance limit of 20%. The User also accepts that there may be differences between the quantity of Products ordered compared to those printed and executed, with a tolerance limit of 10%. If one of the two tolerance limits referred to in this point are exceeded, NEWI will - at the Customer's sole discretion - refund the price of the Product or apply a discount on the total price.
3.6 The summary sheet referred to in the previous point 3.4 also contains information relating to the availability of each Product. It is understood that the units of a Product, although available on the Site, may nevertheless be sold out or in any case not immediately available. In this case NEWI will promptly inform the Customer in writing of the lack of availability of the Product, providing - at the Customer's sole choice  - to the replacement of the same with another Product or to the full refund of the Product no longer available. It is understood that in this case NEWI cannot in any case be held responsible for the unavailability and/or lack of the Product.
 
4. Right of withdrawal
4.1 The Customer who holds the status of consumer has the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to incur costs other than those provided for in the following point 6.6, within the term of fourteen calendar days ("Disclosure Period"). Withdrawal”).
4.2 The Withdrawal Period expires 14 days after (i) in the case of an order relating to a single Product, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Product or (ii) in the case of a multiple order with separate deliveries, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last Product or (iii) in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last lot or piece.
4.3 To exercise the right of withdrawal, the Customer must inform NEWI of his decision to withdraw before the expiry of the Withdrawal Period.
4.4 For the purposes of exercising the right of withdrawal, the Customer may submit an explicit declaration of his decision to withdraw from the contract ("Declaration of Withdrawal").
4.5 It is understood that the right of withdrawal is considered to have been exercised within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal was sent by the User before the expiry of the Withdrawal Period. The Declaration of Withdrawal must be sent to NEWI via email. In this regard, the burden of proof relating to the exercise of the right of withdrawal lies with the User.
4.6 Following the exercise of the right of withdrawal, the Customer must return the Products to NEWI

, using a carrier of your choice and bearing the direct cost of the return, without undue delay and in any case within 14 calendar days from the date on which you communicated your decision to withdraw to NEWI. The deadline is respected if the User sends back the Products before the expiry of the fourteen day period. The Product, appropriately produced and packaged, must be shipped to the address indicated from time to time by NEWI. In the case of Products which by their nature cannot normally be returned by post, the cost of returning such Products via a specific carrier will be indicated in the instructions on the Site, together with the indication of this carrier.
4.7 If the Customer withdraws from the contract, NEWI will proceed to refund the amount paid by the User for the Product, including delivery costs (where applicable), without undue delay and in any case no later than 14 calendar days from the day on which NEWI has been informed of the User's decision to withdraw from the contract. The refund will be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise. NEWI reserves the right to suspend the refund until the Products are received or until the Customer demonstrates that they have sent the Products back to the address communicated by NEWI.
4.8 the Customer is solely responsible for the decrease in the value of the Products resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Customer is in no case responsible for the decrease in the value of the Product if NEWI has failed to inform the consumer of his right of withdrawal.
4.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. The Product will remain available to the Customer in the place indicated by NEWI for collection which must take place at the expense and under the responsibility of the Customer himself.
4.10 The right of withdrawal is excluded in the case of supply of tailor-made or personalized Products, of sealed Products which are not suitable for return for hygienic reasons or related to health protection which have been opened after delivery. The right of withdrawal is also excluded in the further cases referred to in the art. 59 of the Consumer Code.
4.11 In the event that, under one of the legal hypotheses, the right of withdrawal does not apply, specific and express communication of this exclusion will be given in any case during the purchase process before the Customer proceeds with the transmission of the order.
 
5. Intellectual and industrial property
5.1 All content present or made available through the services offered by NEWI in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data collections and software, are the exclusive property of NEWI or its content providers and are protected by intellectual and industrial property laws.
5.2 It is prohibited to systematically extract and/or reuse all and/or part of the services offered by NEWI without the express written consent of NEWI. In particular, it is not permitted to use acquisition or extraction tools and/or devices to extract one or more times and/or to reuse any substantial part of any NEWI service as well as the Site, just as it is not permitted to create and/or publish a database that reproduces substantial portions (e.g. prices and product listings) of NEWI's services without NEWI's express written consent.
5.3 NEWI is the exclusive licensee of the distinctive sign “PILLO-W” as well as any other distinctive sign connected to it (even if not registered). All other trademarks not owned by NEWI that appear on any of the services offered are the property of their respective owners, who may or may not be connected to NEWI or sponsored by NEWI.
5.4 In the case of orders commissioned by the Customer, the latter assumes all responsibility regarding the use of third-party trademarks and/or images covered by copyright, undertaking to expressly indemnify NEWI in the event of possible actions by third-party owners of such trademarks and/or copyrights.
5.5 By accepting these General Conditions of Sale, the Customer expressly authorizes NEWI to use the Customer's brand for advertising and/or information purposes and purposes such as - by way of example but not limited to - the possibility of reproducing the Customer's brand for add it to your customer list.

 

6 Applicable law and competent court
6.1 The purchase contract concluded through the Site is governed by Italian law, without prejudice to the application to consumer customers who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the State in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
6.2 In the case of a consumer customer, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the User resides or has chosen domicile is competent.
6.3 The Customer who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of small entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00 (two thousand/00). The text of the regulation can be found on the website www.eur-lex.europa.eu.
 
Warranty and Refunds
7.1 All Products offered through the Site are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code (“Legal Guarantee”).
7.2 The Legal Guarantee is reserved for consumers. It, therefore, applies only to Customers who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
7.3 NEWI is responsible towards the consumer for any lack of conformity existing at the time of delivery of the Product which manifests itself within two years of such delivery. The lack of conformity must be reported to NEWI, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered. Unless proven otherwise, it is presumed that defects of conformity which appear within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the seventh month following delivery of the Product, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery or download of the same.
7.4 There is a lack of conformity when the purchased Product (i) is not suitable for the use for which goods of the same type are usually used or (ii) does not conform to the description and does not possess the qualities of the good that NEWI presented to the consumer as a sample or model (iii) does not present the usual qualities and performances of a good of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labelling; (iv) is not suitable for the particular use desired by the consumer and which was brought to the attention of NEWI at the time of conclusion of the contract and which NEWI accepted. Any faults or malfunctions caused by accidental events or by the User's responsibility or by use of the Product that does not comply with its intended use and/or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee. Product and/or, depending on the case, from what is indicated on the Site.
7.5 In order to take advantage of the Legal Guarantee, the Customer must therefore provide proof of the date of purchase and delivery of the Product. It is therefore advisable for the Customer, for the purposes of such proof, to keep the order confirmation or the purchase invoice, or the DDT, if applicable, or any other document that can certify the date of purchase and the date of delivery of the Product.
7.6 Notwithstanding what is specifically provided for in the previous points, the Parties accept that exclusively with reference to used customized products offered by NEWI, the expected legal guarantee period will be 12 months starting from delivery of the Product.
7.7 In the event of a lack of conformity duly reported within the terms, the Customer has the right (i) primarily to the free repair or replacement of the Product, at his choice, unless the requested remedy is objectively impossible or excessively onerous compared to the other ; (ii) secondarily (i.e. in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to reduce the price or terminate the contract, at your choice. It is specified that the requested remedy is excessively burdensome if it imposes unreasonable expenses on NEWI compared to the alternative remedies that can be attempted, taking into account (i) the value that the Product would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be used without significant inconvenience for the consumer.
7.8 In the event that a Product, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the User can contact NEWI at the references indicated in these General Conditions of Sale.
7.9 There is no lack of conformity if, at the time of the conclusion of the contract, the consumer was aware of the defect, could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the consumer.
7.10 The guarantees for defects in the goods sold, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the civil code with the relevant terms, forfeitures will be applied to those who have purchased on the Site and who do not have the status of consumers. and limitations.

 

8 Complaint
8.1 NEWI will respond to complaints submitted to its customer assistance service, better identified in point 9.3 below, within five working days of receiving them.
8.2 Pursuant to art. 141-sexies, co. 3 of the Consumer Code, NEWI informs the Customer that he qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to NEWI, following which however it has not been possible to resolve the dispute thus arising, NEWI will provide information regarding the body or bodies Alternative Dispute Resolution for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether or not it intends to make use of these bodies to resolve the dispute. NEWI also informs the User who qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform the consumer User will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved. In any case, the right of the consumer customer to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale, regardless of the outcome of the out-of-court settlement procedure, as well as the possibility, where the conditions exist, to promote an extrajudicial resolution of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code.
8.3 It is possible to request information, send communications, request assistance or forward complaints in the following ways: (i) by e-mail info@pillo-wshop.com; or (ii) by registered mail to be sent to NEWI's registered office.

 

9 Delivery
9.1 The Customer will be informed of the shipment via an electronic communication confirming delivery to the carrier.
9.2 Delivery of the Products purchased on the Site is made to the shipping address indicated by the Customer in the order form.
9.3 NEWI offers the Customer the following delivery methods and for each of them the relative delivery terms are indicated:
Neutral goods: 3-5 working days. In this case, the delivery term starts from the sending of the order confirmation by NEWI.
Personalized goods: 5 to 14 working days. In this case, the delivery term begins when the User sends confirmation of the customized project to NEWI.
9.4 The delivery dates referred to in the previous point 9.3 are to be considered non-exhaustive and purely indicative. Mandatory delivery terms must be previously agreed with NEWI's sales office and confirmed in writing by the latter.
9.5 The delivery obligation is fulfilled by transferring the material availability of the Product to the Customer.
9.6 In case of non-delivery due to the absence of the recipient at the address specified in the order, the carrier will leave a notice at the address indicated by the Customer informing the Customer of a second attempt scheduled for the date and time indicated in the same notice; in the event of a negative outcome at the second delivery attempt, the Product is deposited at a warehouse identified by the carrier and, in this case, it is the Customer's responsibility to collect the Product within 15 calendar days starting from the second day following the date of the attempted delivery notice. It is understood that, in any case, once the days of storage have elapsed without the Customer having collected the Product, the latter will be returned to NEWI and the purchase contract will be considered legally terminated, pursuant to and for the purposes of art. 1456 civil code; in this case NEWI will refund the Customer the amount due, if already paid by the Customer, to be credited to the same payment method used by the User for the purchase, if the User made the payment by credit card or PayPal. This refund will not be due if the Product is returned to NEWI damaged.
9.7 It is the Customer's responsibility to verify the conditions of the Product delivered to him, without prejudice to the fact that the risk of loss or damage to the Products, for reasons not attributable to NEWI, is transferred to the Customer, when the Customer, or a third party designated by him and other than the carrier, physically takes possession of the Products. In any case, the application of the rules regarding the right of withdrawal and legal guarantee of conformity remains unchanged.
9.8 In case of confirmation with a mandatory delivery date, if the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated during the purchase process and in the order confirmation, the Customer, pursuant to art. 61 of the Consumer Code, requires NEWI to deliver within an additional period appropriate to the circumstances. If this additional period expires without the Products having been delivered, the Customer is entitled to terminate the contract, without prejudice to the right to compensation for damages. The Customer is not obliged to grant NEWI the additional term pursuant to art. 61, co. 3 of the Consumer Code if (i) NEWI has expressly refused to deliver the Products or (ii) compliance with the delivery deadline indicated during the purchase process and in the order confirmation must be considered essential, taking into account all the circumstances which accompanied the conclusion of the contract or (iii) the Customer informed NEWI, before the conclusion of the contract, that delivery by a specific date is essential. In such cases, the Customer, if he does not receive the Products within the delivery deadline indicated during the purchase process and in the order confirmation, is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages.
9.9 The indication of the additional term referred to in the art. 61, co. 3 of the Consumer Code and/or the communication of termination of the contract pursuant to art. 61, co. 3 of the Consumer Code must be communicated by the User to NEWI at the addresses indicated in the following point 8.3.
9.10 In the event of termination of the contract pursuant to art. 61, co. 3 of the Consumer Code, NEWI will refund the Customer the amount due without undue delay according to the methods indicated in the following point 5.13.
9.11 In case of failure to set the additional deadline pursuant to art. 61, co. 3 of the Consumer Code, NEWI undertakes to communicate to the Customer, promptly and by e-mail, the new delivery deadline, without prejudice to the Customer's right to terminate the contract. 
9.12 In the case of multiple orders concerning Products that must be delivered separately, the provisions of this clause 5 will apply independently to each delivery.
9.13 In all the above cases in which a refund is due to the Customer, the amount of the same will be communicated to the Customer via electronic communication. It will be credited to the same payment method used by the User for the purchase, in the case of payment by credit card or PayPal.
 
10 Payments
10.1 Payment for the Products can be made directly on the Site by credit card or via PayPal. In the event that one of these methods cannot be used in relation to a specific Product, this will be clearly indicated on the Site, no later than the start of the purchase procedure.
10.2 NEWI will ship the Products only upon confirmation of successful payment.
10.3 If the debit of the amount due by the Customer is not successful, NEWI will send an electronic communication to the Customer, inviting him to pay the amount due within 10 days of receipt of the aforementioned communication, with the warning that, in the event of failure to pay within the indicated deadline, the contract will be considered terminated pursuant to art. 1456 of the Civil Code. In the event that the Customer makes the payment within 10 days, NEWI will proceed with shipping the Products. The delivery term indicated during the purchase process will start from the day of payment.
10.4 In order to guarantee the security of payments made on the Site and prevent any fraud, NEWI reserves the right to ask the Customer by electronic communication for a copy of a valid identification document which must be sent to NEWI within the deadline indicated in the aforementioned communication, without prejudice to the fact that while waiting for the requested document, the order transmitted by the Customer will be suspended. In the event of receipt by NEWI of valid documentation within the deadline assigned to the Customer, the consequent delivery terms applicable to the Product will start from the date of receipt of such documentation. However, if the Customer does not send the requested documentation in time, the contract will be considered terminated by right pursuant to and for the purposes of the art. 1456 c.c. and the order consequently cancelled, without prejudice to NEWI's right to compensation for any damage it may incur or has incurred due to the illicit behavior of the Customer.
10.5 The commercial invoice, if requested by the Customer, will be sent to the latter in PDF format. During the purchase process, the Customer who wishes to receive the invoice will therefore be asked to provide the billing data. For the issuing of the invoice, the information provided for this purpose by the Customer is authentic and the latter declares and guarantees to be truthful, granting NEWI any indemnity in this regard.

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