Terms & Conditions for the PHB e-shop (Europe)

These Terms and Conditions enter into force on September 9th, 2021

1. Subject of Terms and Conditions of Sale

1.1. These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) regulate the buying of Exhibitions Catalogues, Limited Editions, merchandising and clothes/accessories (hereinafter the “Good” or “Goods”) throughout the Pirelli HangarBicocca website at the “shop” page having the URL pirellihangarbicocca.org/shop (hereinafter the “Site”) made by users qualified as “Customers” or “Professionals” pursuant to article 1.2 below. The Site pirellihangarbicocca.org is registered by Pirelli & C. S.p.A. . Products available on the Site are sold by HB Servizi S.r.l. with registered office in Milan, viale Piero e Alberto Pirelli, 25 – Tax Code, VAT number and Registration to the Milan Company Register n. 07063570969, a Limited Liability Company with Sole Member – Management and coordination of Pirelli & C. S.p.A. (hereinafter the “Seller”).

1.2. Products purchases carried out trough the Site, will be made between the Seller and the individual – whom wants to buy one or more Products non referable to their business, commercial, craft or professional activities – as the buyer (hereinafter the “Customer”) or the natural or legal person who proceeds to purchase the Products or acting in the name or on behalf of a Professional that buys Products related to their business, commercial, craft or professional activities (hereinafter the “Professional”), as buyers (Customer and Professional from now on referred as “Buyer”/“Buyers”). Seller and Customer or Professional, when joined, will be now on referred as “both Parts”.

1.3. Any communication concerning and/or related to Products purchase made by the Buyer – incluing notices, claims, requests concerning purchase and/or delivery of Products, exercise of the righ of withdrawal, etc. – shall be sent to the Seller at the address and according to rule at “Contacts” on the website or by email at bookshop@hangarbicocca.org (hereinafter the “Customer Service”).

1.4. Each purchase is regulated by GTCS as per the version present on the Site at the moment the Order will be confirmed by the Buyer.

1.5. Where one or more sales are made to a Professional the GTCS still apply but, notwithstanding their content:
a) the withdrawal right referred to in article 10 shall not apply to the Professional;
b) the Product warranty referred to in article 8 shall not apply to the Professional;
c) no other benefits will be acknowledged to the Professional, foreseen herein in favour of the Customer, which refer or comply with biding law;
d) the sales contract between the Seller and the Professional shall be governed by the Italian law, with the exclusion of the United Nations Convention or Contracts for the International Sales of Goods, Vienna, 1980;
e) Articles 14.2 and 14.4 of these Conditions, referring to disputes between the Seller and the Consumer, shall not apply for disputes between the Seller and the Professional.

1.6. On submitting the order, the Customer agrees that the confirmation of the order information and the GTCS shall be sent by e-mail to the address provided by the same during the purchase process.

1.7. In order to make purchases through the Site the legal capacity to act and the legal age (18 years) are required, that the Customer declares they possess.

1.8. Any costs for connection to the Site via Internet, including telephone costs, are to be paid exclusively by the Customer, in accordance with the rates applied by the operator selected by the Customer.

2. Product characteristics and their availability in different geographic areas

2.1. The Products are sold with the features and characteristics described on the Site and in accordance with the GTCS published on the site at the time of the order confirmation made by the Buyer, excluding all other terms or conditions. The Products’ main characteristics are displayed in each descriptive section of the Site. Products’ images and colours of items available on the Site may vary and/or not match the real ones depending on the browser or monitor.

2.2. The Seller reserves the right to amend these GTCS at any time, at its own discretion, without the need to provide any notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site and will only apply to sales conducted from that date onwards.

2.3. Sales prices, the Products sold on the Site and/or the characteristics of these products are subject to change without notice. Such changes shall apply only to orders transmitted after the date of variation. In any case, the Buyer is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.

2.4. The Site can be accesed from anywhere in the world. However, Products available on the Site can only be purchased by users requesting delivery to one of the European Union countries. For purchase outside the European Union, the Buyer can refer to the Customer Service.

3. Product purchase procecdure – Conclusion of each individual purchase contract

3.1. The purchase order sent vy the Cusomer to the Seller through the Site, has the value of a contract proposal and it’s regulated by these GTCS, which forms an integral part of the order itself and which the Customer accepts entirely and without any reservation at the time of order transmission. Before proceeding with the purchase by transmitting the order, the Customer is required to read the General Terms and Conditions of Sale carefully, to print a copy by the printing command and save or reproduce a copy for his/her personal use. In addition, the Buyer will be asked to identify and correct any errors in the data entered.

3.2. The Purchase Order made by the Buyer is accepted by the Seller by sending - at the e-mail address provided by the same during the confirmation of the purchase order - an e-mail confirming the order itself which will contain a link to download these GTCS, the order summary – including the detailed price indication (with shipping costs and taxes where applicable) -, and the characteristics of ordered Products. The order made by the Buyer, the confirmation by the Seller, and the GTCS between both Parties will be electronically stored by the Seller into its IT system; the Buyer may request a copy of the same by sending an e-mail to the Customer Service.

3.3. Any purchase contract for Products is deemed to be concluded on receipt by the Customer of the Seller’s order confirmation via e-mail.

4. Product selection and purchase procedure

4.1. The Customer can purchase the Products shown on the Site by selecting Products of interest and placing them in the virtual shopping cart. After the Product selection, to finalize the purchase of the items in the cart, the Buyer will be invited to provide (i) his/her data in order to complete the order and allow the completion of the contract, (ii) the address to deliver the selected Products and (iii) the billing address (if different). Then, the Buyer will see a summary of the order to be executed in which he/she may change the content: the Buyer, after a careful reading of these GTCS, shall expressly approve these Conditions through the appropriate check mark (check box) on the Site. Lastly, the Buyer will be asked to confirm his/her order through the “Confirm the Order and Pay” button so the order will be placed in the Seller system and will start the process described in Article 3 of these Conditions. The Buyer can pay using the PayPal service. In order to meet its own accounting and administrative requirements, the Seller reserves the right to check the details provided by Customers. The information provided by the Buyer during the transmission of the order will be used for billing. During the order process, the Buyer will be asked whether the billing address is different from the shipping address.

5. Delivery and acceptance of the goods

5.1. The Site shows the types of Product and delivery timeframes, however this information shall be deemed merely indicative and not binding for the Seller.

5.2 The Seller commits itself to do all on its power to respect the delivery times indicated on the Site and, in any case, to deliver the ordered Products within 30 days, or in the agreed different timing, from the conclusion of the Contract pursuant to article 3.3. In case of lack of order execution by the Seller, due to temporary or permanent unavailability of the Product bought, the Seller will provide written notice to the Buyer and the reimbursement of any sums already paid by the Buyer pursuant to article 8.6 below.

5.3. Shipment of Products ordered by the Buyer will be via express courier. The Buyer undertakes to check promptly - as soon as possible - if the shipment contains all and solely the Products ordered, and promptly inform the Seller of any defect of the Products received or their discrepancy to the order, pursuant to the procedure below at the article 8 of these GTCS, in absence of which Products will be deemed accepted. In the event that the packaging or boxing of the Products ordered by the Customer reaches its destination visibly damaged, the Customer is invited to refuse to accept the delivery from the express courier or accept the delivery “with reservations”.

6. Prices, delivery costs, duty and taxes

6.1. Products’ price displayed on the Site includes standard packaging costs, Italian VAT (if applicable), any indirect taxes (if applicable). Shipment costs will be displayed once the order is set and ready to be confirmed.

6.2. The Buyer shall pay the total price to the Seller, as stated in the order and in the order confirmation e-mail sent by the Seller to the Buyer.

7. Payments

7.1. The Payment of the total cost of Products bought through the Site will be considered confirmed once received a green light by PayPal. The Buyer expressly accept that the execution of the contract by the Seller starts once the credit of the price of the purchased Product/s is on the Seller’s bank account.

7.2. Payment will be made through the PayPal service under the conditions described below.

7.3. During the purchase procedure, the Buyer will be redirect on PayPal’s site (PayPal Check Out service), Durante la procedura di pagamento, l’Acquirente sarà trasferito sul sito di Payapal (servizio PayPal CheckOut), operator that handles payments on behalf of the Seller. The data typed/transmitted on the Paypal website are not accessible to the Seller.

7.4. The Seller will send the tax receipt related to the purchase inside the delivery box. If the invoice is required, it will be sent by e-mail together with the shipping confirmation of the purchased products.

8. Legal guarantee of conformity, reporting non-compliance faults and intervention under warranty

8.1. Pursuant to and for the purpose of European Directive 1999/44/EC and Legislative Decree no. 206/2005 (hereinafter the “Consumer Code”) the Seller guarantees that the Products (i) comply with the technical information published on the Site, (ii) are free from manufacturing defects and/or material which make them unfit for the use to which goods of the same type are normally put, (iii) do not lack the essential qualities for such use (hereinafter referred to as the "Guarantee").

8.2 Without prejudice to the provisions of 8.3 below, the Guarantee will be operative provided that: (i) any defects are disputed to the Seller within a period of 2 (two) years from the date of delivery of the Products to the Customer or, in case of purchase by a Professional, within 1 (one) year from the date of delivery of the Products to the Professional, in accordance with and for the porpoise of Article 1495 CC., (ii) evidence of purchase of the Product has been provided, (iii) any defects are manufacturing defects and/or materials flaw, and (iv) the Products has been preserved and used in full compliance with the characteristics and technical information provided by the Seller.

8.3. Subject to forfeiture of the present Guarantee, the Customer and the Professional must report any faults, defects or non-conformity - respectively no later than 2 (two) months after discovery in the case of the Customer and no later than 8 (eight) days after discovery in the case of the Professional – writing an e-mail to the Customer Service highlighting the defect and/or the non-compliance identified, beside the related documentation such as the order confirmation received by the Seller and/or the tax receipt, 2 pictures of the Product of which 1 in its entirety and 1 close-up on the defect detected.

8.4. Upon receipt of the relevant documentation by the Customer Service, and after having carried out the relevant verifications, a feedback via e-mail will be provided to the Buyer as the same e-mail address from which the complaint was sent. In case of acceptance of the compliant, the Customer Service will contact the Buyer to arrange the collection of the Product by the express courier appointed by the Seller. To said courier the Buyer must deliver a package containing the Product and a copy of the complaint e-mail sent previously to the Customer Service.

8.5. In case of defects or non-conformity, the Consumer will be entitled, as exclusive remedies, to the restoration of the conformity of the Product by the Seller, by repair or replacement or other remedies in the cases expressly provided for in Article 130 of the Consumer Code such as the reduction of the purchase price or termination of the contract. In case of defects or non-conformity, the Professional will be entitled to the termination of the contract or purchase price reduction, unless, in the case of certain defects, the customary practice excludes termination, in accordance with Article 1492 CC. If the Seller has undertaken to reimburse all or part of the price paid, the refund will be made using the same payment method used by the Buyer to buy the Product.

8.6. No additional guarantee other than the ones referred to in this Article 8 shall be granted.

9. Liability for damage caused by faulty Product/s

9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code shall apply. The Seller, as Products’ distributor through its Site, is free from any liability - none excluded and/or except – stating, at damaged Buyer request, the identity and the address of the producer/maker.

10. Withdrawal

10.1 The Customer has the right to withdraw from any contracts concluded under these GTCS, without giving a reason and without penalty, within 14 (fourteen) working days from (i) the day of receiving the Product/s or (ii) the day in which the last Product was received in case of an order of multiple Products with different days of shipment per item.

10.2 To exercise the right of withdrawal, the Customer must inform the Seller, before the expiry of the period referred to in the Article 10.1 above, of his/her decision to withdraw from the contract sending an explicit declaration to the Seller to the Customer Service e-mail address. Following the action described before, the Customer shall receive email confirmation of the right to withdraw (with all details to return the Product/s within 14 days in case he/she already received the ordered Products). The risk and the direct costs for the shipping of returning Products shall be borne by the Seller.

10.3 In case of withdrawal, subject to receipt by the Seller of the returned Products, the Customer will be reimbursed of the payment made, without undue delay pursuant to Article 56 of the Consumer Code. Such reimbursements will be issued by means of the same payment method used for the original transaction.

10.4 The Customer is liable for the reduction in value of Products resulting from handling them in a way that goes beyond what is required in order to establish their nature, characteristics and functioning of Products themselves. Therefore, if the returned Products are used and/or damaged (for example with signs of wear, scratches, deformations etc.), and/or not complete with all their elements and accessories, from the original packaging, the Customer will be held responsible for the decrease in value of the Product and will be reimbursed of the amount equal to the residual value of the Product only. The Customer is therefore advised to not to handle the Product beyond what is strictly necessary to establish its nature and characteristics. It is highly recommended for Customers to use further protective packaging on top of the original to keep the Product intact during the return shipping and protect it from writing or labels.

11. Intellectual Property Rights

11.1. The Buyer acknowledges that all trademarks, names, distinctive signs and naming, including, without limitation, brand, letters and logo “PIRELLI” and the “HANGARBICOCCA” logo, as well as all written or graphic texts, images, pictures, and artistic works used or reproduced on the Site or relating to, or present or reproduced on, Products, and associated intellectual property rights, are and remain the exclusive property of PIRELLI & C. S.p.A., of HB Servizi S.r.l., of Pirelli HangarBicocca or of their respective owners, whichever is applicable (jointly, the "Owners"). The possibility for Customers to visit the Site and/or buy Products through it does not base the Buyer any rights.

11.2. The Site contents cannot be reproduced - whether in whole or in part - transferred with electronic or traditional means, modified or use at any title, withouth the previuos written approval of the Owners.

12. Buyer’s data and Privacy protection

12.1. In order to proceed to place the order and the finalization of the contract according to these GTCS, the Customer is required to provide certain personal details through the Site, as per Article 4.1. The Buyer acknowledges that all personal data provided by him/her will be collected and used for the purposes indicated in the Privacy Policy.

12.2. The Buyer affirms and guarantees that all information entered during the purchase process is correct and truthful.

13. Security

13.1. Although the Seller takes measures to protect personal data against loss, falsification, manipulation, and misuse by third parties, due to characteristics and technical constrains of protection of electronic communication via Internet, the Seller cannot guarantee that the Customer information or displayed data on the Site aren’t accessible on visible to unauthorized third parties.

13.2. The Seller uses the services of PayPal (Europe) Sàrl et Cie, S.C.A. which adopts technological systems aimed at ensuring utmost reliability, security, protection and privacy when transmitting information via web.

14. Applicable law, attempted conciliation and place of jurisdiction

14.1. Any sales contract signed between the Seller and the Customers under these General Terms and Conditions of Sales shall be governed and construed in accordance with the Italian laws in force and, in particular, for Customers with the Consumer Code specifically in relation respects of distance contracts, while for Professionals in conformity to DLGS no. 70 April 9th, 2003 on certain aspects related to e-commerce. In any case, the rights possibly granted to Customers by mandatory provisions of law will be without prejudice, if applicable.

14.2. In the event of any disputes between the Seller and a Customer, the Seller guarantees as of now its commitment to a friendly conciliation attempt that each Customer could arise through Risolvi Online, an independent and institutional mediation service provided vy the Chamber of Arbitration of the Chamber of Commerce of Milan, which facilitates an amicable solutions to disputes with the help of a neutral and competent conciliator and in a friendly and safe way, through the Internet. For more info on Risolvi Online regulation or to send a conciliation request visit www.risolvionline.com.

14.3. As alternative to the settlement proposed in Article 14.2 above, the Customer is also entitled to access the European Online Dispute Resolution Platform (the “European ODR Platform”) to resolve any disputes between the Seller and the Customer. The European ODR Platform is developed and managed by the European Commission, in accordance with Directive 2013/11/EU and Regulation EU n. 524/2013, in order to facilitate independent, impartial, transparent, effective, rapid and equitable out-of-court resolution of disputes concerning contractual obligations about sale contracts or online sales between a customer resident in the European Union and a professional established in the European by the intervention of an ADR entity (Alternative Dispute Resolution) that joined, selectable from a specific list on ADR website. For more information about the ODR European Platform or to start an alternative resolution procedure of a dispute relating to this contract through the paltform, go to http://ec.europa.eu/odr. The Seller’s e-mail address to be indicated in the European ODR Platform is: hbservizi.pecri@pec.pirelli.it.

14.4. If no settlement attempt is made, as under section 14.2 or 14.3, or the attempt is not successful, exclusive jurisdiction for all disputes shall be granted to the competent court in the Customer’s place of residence or domicile address.

14.5. In the vent of disputes between the Seller and a Professional, shall be subject to the exclusive jurisdiction of the competent Court of the city of Milano (Italy).