RECITALS
This information is provided for the site https://www.pmsci.it/ (hereinafter, the “Sito
Seller's Data: PENASA MAURIZIO AND C. SAS, Via alla Croce, 18 – 38027, Malè (TN), Chamber of Commerce of Trento, VAT number 00486150220, REA TN – 99234, Email: info@pmsci.it (hereinafter, the “Seller
Service sold on the Site: Ski and Snowboard Rental (hereinafter, the “Service
Art. 1 Scope of application
1.1 These General Conditions of Sale apply to all purchases of the Service made by the Seller via the Site.
1.2 Where made possible by the Site, entering your tax code when making a purchase implies that you are acting as Consumer Pursuant to Article 3, paragraph 1, letter a) of the Consumer Code (Legislative Decree 6 September 2005, No. 206). Please note that a Consumer is a natural person acting for purposes outside of any entrepreneurial, commercial, professional, or artisanal activity they may carry out.
If, however, the possibility of entering the VAT number (yours or that of a legal person) is given, this implies a purchase as a Professional, pursuant to art. 3, paragraph 1, letter c) of the Consumer Code. A Professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or their intermediary. The implications of purchasing as a Consumer rather than a Professional will be described later in this document.
1.3 The terms indicated are to be understood as working days, excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Site are intended as purely indicative. Colors may differ from actual colors due to the settings of the computer systems or devices you use to view them.
1.4 The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.5 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.6 These General Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller who may be present on the Site through links, banners, or other hyperlinks. Before conducting commercial transactions with these parties, it is necessary to verify their terms of sale. The Seller is not responsible for the provision of services and/or the sale of products by these parties.
1.7 The Seller does not carry out any checks and/or monitoring on the websites accessible via these links. The Seller is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law by them.
1.8 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.
1.9 Unless otherwise agreed with the Seller, orders cannot be placed via email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.10 All elements of the Site are the property of the Seller or third parties. Unless specifically authorized in writing by the Seller, it is prohibited to reproduce, in whole or in part, by any means, distribute, publish, transmit, modify, or sell all or part of the Site's content.
1.11 The Seller shall not be liable to you or any third party for any indirect, incidental, special, or consequential damages. This includes, but is not limited to, any loss of profits or other indirect losses resulting from the use or inability to use the Site. The Seller cannot guarantee or represent: (i) that the Site is free of viruses or programs that could damage data; (ii) that the information contained on the Site is accurate, complete, and up-to-date.
1.12 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations established by the applicable law from time to time remain unaffected.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site, you must follow the procedure on the Site itself, entering the data requested from time to time. The purchase contract is concluded when the order reaches the Seller's server.
2.2 You agree to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of any information you enter on the Site.
2.3 You guarantee that the personal information you provide is complete and truthful and you agree to indemnify and hold the Seller harmless from any damages, compensation obligations, and/or penalties arising from and/or in any way related to the violation of this commitment. You agree to immediately inform the Seller if you suspect or become aware of any improper use or disclosure of your Site login credentials.
2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Conditions of Sale or any regulatory provision.
2.5 To place orders on the Site, it is not necessary to expressly accept these General Conditions of Sale. However, placing a purchase order constitutes acceptance of this document.
2.6 After purchasing, you will receive an order confirmation email.
Art. 3 Execution of the Rental Service – Collection, use of the equipment and responsibility
3.1 The Service consists of the rental of sports equipment (for example: skis, snowboards and related accessories), according to the characteristics selected by the user during the purchase procedure on the Site and according to availability at the Seller's point of sale.
3.2 The collection of the equipment takes place at the Seller's premises indicated in the Introduction, unless otherwise indicated on the Website or agreed between the parties.
3.3 The user undertakes to verify, upon collection, the condition of the equipment and its correspondence with the order. Upon collection, the equipment is deemed delivered and suitable for use, barring any defects that are not immediately detectable.
3.4 The user undertakes to use the equipment diligently and in accordance with its intended use, adhering to any instructions and indications provided by the Seller.
3.5 Where applicable, the Seller may carry out equipment preparation and/or adjustment operations (for example: setting or adjusting the bindings) based on the data provided by the user (for example: height, weight, age, level of experience, boot size).
3.6 The user declares that the data provided for the purposes of configuring and/or adjusting the equipment is correct and complete and undertakes to promptly report any changes or inaccuracies. The Seller is not responsible for any consequences arising from incorrect or incomplete data provided by the user.
3.7 Upon collection, the user is required to check, also with the assistance of the Seller's staff, the correct fit and functionality of the equipment and to immediately report any anomalies or non-conformities perceived.
3.8 It is understood that the adjustments and checks carried out by the Seller do not eliminate the risks associated with the sport and do not replace prudent behavior and compliance with the safety rules normally required for skiing and/or snowboarding.
3.9 The user acknowledges that skiing and snowboarding involve risks associated with the sport. It is understood that the Seller is not liable for damages or injuries resulting from improper use of the equipment or from behavior that does not comply with normal prudence and safety rules.
3.10 Any damage, loss or theft of the equipment during the rental period will be the responsibility of the user, unless such events are attributable to the Seller.
3.11 The Service is deemed to be provided for the period indicated at the time of purchase, where applicable. If the equipment is not collected on the agreed date or within the agreed period, the order's economic terms will remain unchanged, unless otherwise agreed with the Seller.
Art. 4 Modification or cancellation of the reservation
4.1 The user may request changes to their reservation (for example, to the rental period, type of equipment, size, and configuration) by contacting the Seller using the contact information provided in the Introduction. Changes are subject to equipment availability and confirmation from the Seller.
4.2 In the event of a change resulting in a different amount than the original amount paid, the user will be required to pay any difference; if the change results in a lower amount, any refund or credit will be handled as agreed with the Seller.
4.3 The user may request cancellation of the reservation by contacting the Seller. The provisions of Article 7.3 regarding the exclusion of the right of withdrawal for services relating to leisure activities with a specific date or period of performance remain unchanged.
4.4 In any case, any acceptance of the cancellation and the related conditions (for example: total or partial refund, issuing of vouchers, rescheduling) are left to the Seller's evaluation and to what may be indicated on the Site, in compliance with applicable legislation.
Art. 5 Prices
5.1 The prices indicated on the Site include VAT.
5.2 The Seller reserves the right to change the price of the Service at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any variations (increases or decreases) subsequent to the transmission of the order will not be taken into account.
5.3 The purchase agreement is terminated upon non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled.
Art. 6 Methods of payment
6.1 This article describes the payment methods available on the Site.
6.2 On the Site, you can purchase using payment cards. The charge will be made only after (i) the payment card details used for payment have been verified and (ii) the company issuing the payment card you use has authorized the charge. Pursuant to Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), users are informed that they may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the user's identity and simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above-described procedure may make it impossible to complete the purchase on the Site.
Sensitive payment card data (card number, cardholder name, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the Seller's servers. Therefore, the Seller never accesses or stores the payment card data used to pay for the Service.
6.3 This article indicates the credit and/or debit cards accepted on the Site:
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VISA
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MasterCard
6.4 It is not possible to pay by bank transfer on the Site.
6.5 On the Site, you can make purchases using discount coupons, vouchers, or coupons. If the value of the discount code is less than the amount of your order, the remaining amount can be paid using the payment methods available on the Site. Each discount code can only be used for one purchase. Discount coupons cannot be converted into cash under any circumstances.
6.6 On the Site, you can also make purchases using PayPal. If you choose PayPal as your payment method, you will be redirected to the site. www.paypal.it where the payment will be processed according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore unable to access, nor does it store, in any way, the payment card details linked to your PayPal account or the details of any other payment instrument connected to that account.
Art. 7 Right of withdrawal
7.1 The user is invited to carefully read this article, which regulates the right of withdrawal.
7.2 The right of withdrawal is the Consumer's right to terminate the purchase contract without being obliged to provide a reason. You may exercise this right within 14 calendar days from the conclusion of the contract. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7.3. If there are no exceptions to the right of withdrawal, this Article 7 applies in full.
7.3 With particular reference to what is indicated in the preceding article, the Seller informs you that if you have purchased as a Consumer, you do not have the right of withdrawal for the supply of services relating to leisure activities if the contract provides for a specific date or period of performance.
Art. 8 Legal Guarantee of Conformity
8.1 The Legal Guarantee of Conformity is reserved for the Consumer. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
8.2 The Seller is liable to the Consumer for any lack of conformity of the Service that becomes apparent within two years of purchase. Any action to assert defects not fraudulently concealed by the Seller expires, in any case, twenty-six months after the provision of the Service. In the event of a lack of conformity of the Service, the Consumer has the right to have the Service restored, to receive a proportional price reduction, or to terminate the contract under the conditions established by Articles 135-bis et seq. of the Consumer Code. The Consumer is advised to review Articles 128 et seq. of the Consumer Code.
8.3 It is understood that any defects or malfunctions resulting from improper use of the equipment, failure to follow the instructions provided, or incorrect/incomplete information provided by the user for configuration purposes do not constitute a lack of conformity attributable to the Seller.
8.4 If you purchased as a Professional, the previous articles do not apply.
Art. 9 Out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution
9.1 The Seller informs the user who qualifies as a Consumer that, in the event that he has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not he intends to avail himself of such bodies to resolve the dispute itself.
9.2 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. 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 of the dispute in which he is involved.
9.3 In any case, the Consumer user retains the right to bring any dispute arising from these General Conditions of Sale before the competent ordinary court, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relations by resorting to the procedures set out in Part V, Title II-bis of the Consumer Code.
The user 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, to the European procedure established for disputes of modest 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 5.000,00. The text of the regulation is available on the website http://www.eur-lex.europa.eu.
Art. 10 Customer service
10.1 You can request information, send communications, request assistance, or submit complaints by contacting the Seller at the contact details indicated in the Introduction, or by using the contact form available on the Site.
10.2 The Seller responds within an indicative time of 5 days.
Art. 11 Material published on the Site
11.1 All material published on the Site is protected by Copyright Law No. 633 of 1941, as amended. Without the authorization of the Seller or the third-party copyright holder, it is prohibited to copy, publish, modify, or use in any way or for any purpose any material published on the Site.
Art. 12 Applicable law. Applicable court
12.1 Purchase contracts concluded through the Site are governed by Italian law.
12.2 The application of any more favorable and mandatory provisions of the law of the country in which they have their habitual residence is reserved to consumer users who do not have their habitual residence in Italy. Please note that for consumer users, any dispute relating to the application, execution, and interpretation of this document shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile. For professional users, any dispute relating to the application, execution, and interpretation of this document shall be subject to the jurisdiction of the court where the Seller has its registered office, pursuant to the provisions of the Preamble.