TERMS & CONDITIONS OF SALE
1.1. The sale of products from the website www.peternon.com (hereinafter “the Website”) is governed by the following Terms and Conditions of Sale (hereinafter “the Terms”).
1.2. Pter Non® is a brand of Happy Monday srl , fiscal code, VAT number, Vicenza Trade and Companies Registry no. 03662070249, Vicenza R.E.A. no. 343559, having its registered office in via alte 5, 36020 Pove del Grappa (VI)- Italy.
1.3. The Terms and related procedures are available in the following languages: English.
2.1. The products shown on the Website are for sale exclusively to individuals who purchase such products for personal uses that differ from the nature of their commercial or professional activity and who are of legal age. Product purchases are only possible if the delivery address is in one of the following countries: Italy, Germany, Austria, the United Kingdom.
2.2. The resale, rent or transfer of products purchased from the Website for commercial or professional purposes of any kind is strictly forbidden.
2.3. HAPPY MONDAY reserves the right to modify or amend these Terms at any time. The customer will be bound exclusively to the Terms in effect at the time of purchase in all cases.
2.4. The customer, by placing an order, confirms that they have read these Terms carefully. The Terms can be viewed and downloaded at any time via the link given on the Website. To this end, HAPPY MONDAY recommends that customers either download, save a copy of or print the Terms in effect at the time the order is placed.
2.5. An order confirmation email will also be sent to the email address entered by the customer in the on-line order form which contains a summary of the main contractual conditions and a link to the full Terms document.
3-How to place an order
3.1. Every product selected by a user of the Website can be viewed in an individual web page containing the product description, photographic images and listing the unit price (inclusive of VAT, whose rate is determined according to the laws of the State in question), available colours and sizes or measurements.
3.2. Every sale authorised by HAPPY MONDAY via the Website may concern one or more products, with a maximum limit of 2 (two) units per item and a total maximum order value of €1500 (three thousand euros).
3.3. The customer, having identified the items they require, should then add these items to their Basket. In this Basket, a brief summary of the items selected, together with measurements or sizes, and one or more photographic images in digital format which gives a satisfactory representation of the items selected will be given.
3.4. It is the responsibility of the customer to check the Basket contents before placing the order; they must also complete the on-line order form according to the order procedure instructions given on the relevant page of the Website and confirm they have read and agreed to these Terms.
3.5. The order process is deemed complete when the customer selects the “Place Order” option on the order summary page which is displayed once the order procedure requirements have been met. At the same time the order is sent directly to HAPPY MONDAY for clearance and may not be modified or cancelled thereafter.
3.6. By placing the order, the customer agrees to and is bound by these Terms.
3.7. The order will be filed at the HAPPY MONDAY data centre and the customer will be able to check the status of their order on-line by logging into their private account on the Website.
3.8. Although HAPPY MONDAY constantly takes steps to ensure that the photographic images shown on the Website representing real products are as accurate as possible, the possibility remains that certain differences may be perceptible as a result of the technical specifications and the colour resolution of the monitor or screen used by the customer. Consequently, for the above technical reasons HAPPY MONDAY neither accepts responsibility for nor guarantees the complete accuracy of the graphic representations of its products shown on the Website.
3.9. HAPPY MONDAY reserves the right to reject orders from customers that HAPPY MONDAY believes may not fulfil their contractual obligations; by way of an example, refusal may occur in instances where the terms and conditions of on-line orders via the Website were previously not met.
4.1. The customer hereby takes note that stocks of products offered for sale by HAPPY MONDAY on the Website are limited. Products deemed in stock and available for purchase by customers will be displayed on the Website. Occasionally, problems may be encountered regarding the availability of certain products. Should such problems occur, the customer will be informed as soon as possible (and in all cases before the specified delivery date) via email or telephone. The customer will then be given the choice of: ordering another item; cancelling the item from the order; or cancelling the whole order. If the customer decides to cancel the whole order, no money will be taken from their account.
4.2. HAPPY MONDAY reserves the right to change or update the products offered for sale on the Website at any time and without prior notice.
5-Prices and payment methods
5.1. The prices of all products displayed on our website include VAT. Delivery costs are not included.
5.2. The prices of products available for sale will be shown in the currency of the State in which the delivery is to be made. Specifically: (i) in euros (EUR) if delivery is to be made in Italy, Germany, Austria, (ii) in pounds sterling (GBP) if delivery is to be made in the United Kingdom.
5.3. The goods total, together with the delivery costs to be charged to the customer as stated in these Terms, will be displayed in the Basket and on the order summary page shown when the order procedure requirements have been met.
5.4. HAPPY MONDAY reserves the right to modify the prices of the products offered for sale on the Website at any time and without prior notice. The client will be charged for the goods at the prices shown on the Website when the order is placed, except in cases where products are out of stock (see paragraph 4.1).
5.5. HAPPY MONDAY only accepts payments made with credit/debit cards and via PayPal. HAPPY MONDAY accepts the credit/debit cards listed on the relevant page of the Website.
5.6. Products will only be dispatched once the customer’s card details have been verified. The order total will only be taken from the customer’s account once the order has been cleared.
5.7. Should one or more products be out of stock, only the price and delivery costs of the products that are in stock will be charged, if the customer does not wish to cancel the whole order (see paragraph 4.1).
6.1. Attempts to enter a delivery address in a country not among the States listed in paragraph 2.1 will be automatically blocked during the order process. Products will be sent to a valid address entered by the customer in the on-line order form.
6.2. HAPPY MONDAY will not dispatch an order to a PO box and will not clear any order in which it is impossible to identify any of the following: the individual who placed the order; the individual the goods are addressed to; or the delivery address.
7.1. The amount charged for delivery can be viewed by the customer, in addition to the goods total, before placing the order (either in the Basket or on the order summary page).
7.2. HAPPY MONDAY will take every possible step to ensure customers receive their products as soon as possible, and to this end it reserves the right to send parts of the overall order as and when they become available. Should this occur, delivery will still be charged as if a single package was being sent. Moreover, a single amount will be taken from the customer’s account.
7.3. Once the order has been dispatched, HAPPY MONDAY will send an email to the address entered by the customer in the on-line order form containing a reference code and link to enable order tracking.
7.4. If there are any delivery problems or delays of up to 10 (ten) working days after the date stated in the order confirmation email (see paragraph 2.5), the customer is requested to inform HAPPY MONDAY of this situation via the Contact Us section of the Website or alternatively by calling the Customer Service freephone number.
8-Cancellation and returns
8.1. This agreement may be cancelled, without any explanation from the customer, at any time within 30 (thirty) days from the date on which the customer receives the goods.
8.2. Moreover, the customer has the right to return items, which must be exercised within the same time period as stated for the cancellation of the agreement and must come as a consequence of one of the reasons listed in the “Cancellation/Returns Procedure” section of the Website.
8.3. In order to exercise the rights stated in paragraphs 8.1 and 8.2, the customer must fill out the on-line Returns Form, specifying the reasons for the return and the quantity of items they wish to return. The on-line Returns Form must be filled out according to the “Cancellation/Returns Procedure” section of the Website.
8.4. Once the on-line Returns Form has been filled out according to the “Cancellation/Returns Procedure Instructions”, HAPPY MONDAY will send the customer a returns code which is necessary for the return delivery.
8.5. Should the customer decide to exercise their right of cancellation/return as stated in this article: (i) they agree to return the product(s) within 14 (fourteen) days from the date they exercise their right of cancellation/return; (ii) delivery costs for item returns will be covered by HAPPY MONDAY as long as the customer correctly follows the instructions given in the “Cancellation/Returns Procedure” section of the Website; (iii) HAPPY MONDAY agrees to refund the goods total as soon as possible and in all cases within 30 (thirty) days of receiving notice of cancellation/return, as long as the items are returned intact, have not been used and are returned in their original packaging/wrapping, together with any accessories, quality labels and instruction manuals.
8.6. HAPPY MONDAY will inform the customer as to the method it shall use to refund the goods total; the customer will, in any case, receive the refund via the same means used to make the purchase.
8.7. Should the customer exercise their right of cancellation/return in a manner which does not comply with the stipulations and methods stated in the “Cancellation/Returns Procedure” and in section 8, they shall lose their right to a refund.
8.8. HAPPY MONDAY will verify whether or not the returned items are in their original condition; in the event that items returned by the customer are damaged, incomplete, worn and/or dirty, no refund will be given. HAPPY MONDAY also reserves the right to charge the customer for any damage to or divergence from the delivered products. Should products, as a result of a cancellation or return, be sent back using a different carrier to the one specified by HAPPY MONDAY, the latter will not be held responsible in the event that the products are lost, are sent to the incorrect address or in the event of delayed delivery; the customer assumes all risks deriving from such a delivery method.
9.1. On delivery of the order, it is the responsibility of the customer to check that the items they have received correspond to the ones they ordered. Should a problem be discovered on delivery (for instance, if the packaging has been tampered with or damaged, the products inside are damaged or if items are missing etc.), the details should be written on the delivery note accompanied by a signature of conditional acceptance of goods from the customer.
9.2. Should the delivered items not correspond to the ones ordered by the customer, it is the responsibility of the latter to promptly inform HAPPY MONDAY by contacting Customer Service. The customer also has the right to have the order contract fulfilled once the incorrect goods have been returned; this means that if the items ordered are found to be out of stock, the customer can: order alternative items of a similar kind; ask for any difference in price to be refunded; or cancel the whole order (see paragraph 4.1).
9.3. HAPPY MONDAY is also responsible for any product defects that may ensue under the circumstances outlined below.
9.4. The manufacturer’s warranty is valid on the condition that product defects appear within 24 (twenty-four) months from the date on which the products were delivered and that the customer lodges a formal complaint within a maximum time period of 2 (two) months from the date on which the defect was discovered.
9.5. Should the products be found to be defective, the customer is entitled to a replacement or repair free of charge.
9.6. Any costs incurred by the customer in returning the defective or non-compliant goods will be refunded by HAPPY MONDAY.
10-Exclusions of liability
10.1. Except for instances of intentional wrongdoing or gross negligence, HAPPY MONDAY shall not under any circumstances be liable to any customer as a consequence of (i) any losses or damages arising from HAPPY MONDAY products or from the customer’s use of these products (these Terms however shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law); (ii) any damages which do not arise from a breach of these Terms by HAPPY MONDAY (iii) loss of business or commercial opportunities.
11.1 The PETER NON® trademark, as well as all other types of trademark, illustrations, images and logos that feature on HAPPY MONDAY products, related accessories and packaging, registered or otherwise, are and shall remain the exclusive property of HAPPY MONDAY. The full or partial reproduction, alteration or use for whatever reason and on any media of the trademarks, illustrations, images and logos listed above is strictly forbidden without the express prior consent of HAPPY MONDAY.
11.2. Any combination of the trademarks listed above and other trademarks, symbols, logos and, in general, any distinctive mark for the purposes of creating a composite logo is forbidden.
11.3 The full or partial reproduction, the alteration or use of drawings, models and patents that are exclusively owned by HAPPY MONDAY is strictly forbidden.
13-Law and jurisdiction
13.1. These Terms are governed by and interpreted under Italian law except for in cases where the laws of the State in which the customer is normally resident prevail.
14.1. To make a complaint, request additional information or help regarding the Website or order procedure, the customer may contact HAPPY MONDAY Customer Service, whose details are listed in the contact us section of the Website.