General terms and conditions of sale
General Terms and Conditions of Sale of Pettenon Cosmetics S.P.A. SB
(it-ver.01.22052025)
These General Terms and Conditions of Sale (“General Conditions”) come into force on May 22, 2025 and remain valid until further notice.
These General Conditions apply to sales in Italy of products bearing one of the trademarks owned by Pettenon Cosmetics S.p.A. SB (hereinafter “Pettenon”).
1. Formation of the contract
1.1 Orders collected by agents, representatives and commercial auxiliaries of Pettenon are not binding for the latter until confirmed by Pettenon itself. The purchase order submitted by the buyer constitutes a contractual proposal and is deemed accepted by Pettenon upon sending the buyer, to the email address indicated in the order, an order confirmation email, which will include a link to these general terms and conditions of sale, a summary of the order placed and a description of the characteristics of the ordered products. Each purchase contract is considered concluded at the moment the buyer receives the order confirmation from Pettenon via email.
1.2 These General Conditions, unless specifically derogated in writing, govern all current and future sales contracts of Pettenon and prevail over any previous agreement, whether oral or written, between the parties.
1.3 Any breaches or conduct not compliant with these General Conditions, even if tolerated or not contested by Pettenon, shall not constitute waivers of these conditions nor be interpreted as tacit acceptance of such breaches.
1.4 Pettenon reserves the right to amend and/or supplement these General Conditions, which shall be deemed duly notified with immediate effect from the date of publication on the website https://www.pettenon.it/it/condizioni-generali-di-vendita. The issuance of a purchase order by the buyer implies acceptance of these General Conditions of sale.
2. Delivery methods and times
2.1 Delivery and/or shipment terms indicated in orders are indicative only. The buyer shall not be entitled to claim compensation, price reduction or contract termination in case of failure to meet such terms.
In the case of periodic shipments, Pettenon is authorized to carry out shipments according to the indicated frequency, unless otherwise communicated by the buyer at least five days before shipment.
2.2 In case of partial execution of the order due to temporary unavailability of the product, Pettenon will ship the remaining part when available, possibly together with a subsequent order. This does not apply to orders of limited seasonal products. Delivery will be made to the address indicated in the order confirmation form and on agreed days/times. In case of buyer’s absence or failure to pay on delivery, storage and redelivery costs will be borne by the buyer.
2.3 In case of damaged packaging, the buyer must refuse delivery or accept it with reservation, clearly indicating this on the delivery document. Failure to do so will result in unjustified refusal and application of art. 4 of these General Conditions.
3. Risk of loss of goods
3.1 If the products are collected by the buyer, the goods travel at the buyer’s own risk.
4. Unjustified refusal of goods
4.1 In case of unjustified refusal of goods, transport costs (outbound/return) and any storage costs will be borne by the buyer, who shall also compensate any damages suffered by Pettenon.
5. Acceptance of goods and complaints
5.1 The buyer undertakes to promptly verify that the delivered products correspond to the order. Complaints for defects or non-conformities must be submitted in writing within 15 days from delivery for apparent defects, and within 15 days from discovery for hidden defects, without prejudice to the limitation period under art. 1495 of the Italian Civil Code.
5.2 In the event of a valid complaint, Pettenon’s obligation is limited to:
- Defective goods: credit note for the value of the defective goods, net of discounts or allowances.
- Missing goods: credit note for the value of the missing goods, net of discounts or allowances.
- Different products: credit note for the value of goods not ordered, subject to return of the products, with transport costs borne by Pettenon.
The buyer is not entitled to request contract termination or compensation for direct, indirect or consequential damages.
5.3 Returns require prior authorization from the sales/order management office with an RMA form. Goods without authorization number will be rejected at the buyer’s expense. After verification, Pettenon will issue a credit note or request an invoice equal to the value of the returned goods.
6. Product quality warranty
6.1 Pettenon guarantees compliance of products with Italian and European regulations, in particular Regulation (EC) 1223/2009 on cosmetics. The buyer is solely responsible for compliance with regulations in the destination country and for any translation of labels, releasing Pettenon from any liability.
6.2 The warranty does not apply if products are used improperly or not in accordance with Pettenon’s instructions or product documentation/labels.
7. Price lists
7.1 The price is the one indicated in the commission copy valid at the time of order confirmation. Any different prices indicated in the order apply only if agreed.
7.2 Pettenon reserves the right to update price lists and discounts without notice. Unless otherwise agreed, updates apply to orders received after the effective date of the new price list.
7.3 Shipping costs: orders ≤ €250 + VAT at buyer’s expense; orders between €250 and €950 + VAT €11 contribution; orders > €950 + VAT free shipping.
7.4 Prices are net of taxes, duties or other charges. Additional delivery costs are borne by the buyer if non-standard delivery is requested.
8. Payment terms
8.1 The buyer must make payments within the deadlines indicated in each invoice.
9. Late payments
9.1 In case of late payment, default interest will be applied pursuant to Legislative Decree 231/2002.
10. Minimum quantities
10.1 Minimum order amount is €250.
11. Use of goods and promotional material
11.1 Goods and promotional material provided by Pettenon may only be used in relation to Pettenon products and for their promotion to end consumers, in accordance with provided terms.
11.2 Use for other purposes is not permitted.
11.3 The buyer must return all materials if they no longer exclusively purchase Pettenon products.
11.4 Use with competing products or causing confusion constitutes unfair competition under art. 2598 Italian Civil Code and may constitute criminal offences under arts. 515 and 517 Italian Criminal Code.
12. Use of trademarks and distinctive signs
12.1 Pettenon trademarks and distinctive signs are its exclusive property. Use, reproduction or registration by the buyer is prohibited without prior written approval. Names, companies or domains that may create confusion are also prohibited.
13. Inspections and checks
13.1 Pettenon may verify compliance with these conditions at the buyer’s premises during working hours. The buyer must provide necessary assistance.
14. Confidentiality
14.1 The buyer undertakes to keep strictly confidential all information relating to Pettenon, including technical, commercial and statistical data and any non-public information.
15. Code of Ethics and organizational model
15.1 The buyer declares to have read and accepted Pettenon’s Code of Ethics and organizational model available at https://www.pettenon.it/it/modello-organizzativo-e-codice-etico, and undertakes to comply with them. Breach entitles Pettenon to claim damages.
16. Disputes (Jurisdiction)
16.1 For any dispute, exclusive jurisdiction is assigned to the Court of Padua, excluding any alternative jurisdiction.