Art. 1 Definitions

1.1.These general conditions, available in favor of the consumer for reproduction and preservation in accordance with art. 12 Legislative Decree 70/2003, have as their object the purchase of products, made at a distance by means of computer network through the website pgoplay.com, belonging to “Paradiso Gonfiabile Srl” , based in Barletta, via F. d’Aragona 114/A, e-mail: info@pgoplay.com , tel. / fax: +39 0883 348524 – +39 339/3277991, VAT 06324990966.

1.2.The term “online” sales contract means the distance contract, i.e., the legal transaction concerning movable goods and/or services entered into between a supplier and an end consumer/customer or other professional users, within the framework of a distance selling system that, for such a contract, exclusively employs the distance communication technology called the Internet as well as a virtual store called e-commerce;

1.3.A consumer is defined as a natural or legal person who purchases goods and services for purposes directly or mediately related to his or her professional activity, if any.

Article 2 Acceptance of the conditions of sale

2.1.These general conditions are valid from the day of publication of the same on the e-commerce pgoplay.com and may be supplemented or modified, obviously having effect for the future, at any time by “Paradiso Gonfiabile S.r.l.”, which will provide notice through the pages of the website; the conditions provided in the introduction are an integral and essential part of this contract.

2.2.All contracts will be concluded directly by means of access by the consumer customer or professional user to the website corresponding to the address pgoplay.com, where they can, in fact, conclude the contract for the purchase of the desired good and/or product by carefully following the directions and procedures provided.

2.3.These general conditions of sale must be examined “on line”, before the completion of the purchase procedure. The submission of the order confirmation therefore implies full knowledge of them and their full acceptance.

2.4.The client or professional user , with the telematic sending of the confirmation of his purchase order, unconditionally accepts and is obliged to observe, in his dealings with “Paradiso Gonfiabile S.r.l.” the general and payment conditions set out below, declaring that he has read and accepts all the indications provided by him in accordance with the above rules, also noting that “Paradiso Gonfiabile S.r.l.” does not consider itself bound by different conditions unless previously agreed in writing.

2.5.Sales transactions are regulated, for the consumer, by the provisions of Legislative Decree No. 206/2005 (Consumer Code), while the protection of confidentiality is subject to the discipline of Legislative Decree No. 196 of June 30, 2003 and subsequent amendments and additions.

Article 3 Sale prices and purchase methods

3.1.The products, sale prices and conditions of sale present on the e-commerce pgoplay.com – within the limits of their availability – constitute for the final consumer an offer to the public and, therefore, impose, for the conclusion of the contract, the acceptance of the same consumer manifested through the exact compilation of all sections and adherence online, following the on-screen instructions and, finally, selecting and, therefore, accepting the boxes marked ACCEPTANCE OF TERMS OF SALE and PRIVACY LAW.

3.2.For customers other than consumers, on the other hand, product orders are expressly declared to be irrevocable during the entire time for delivery and, in any case, for 30 days from the date of order.

3.3.In any case, the total cost of shipping up to the customer’s domicile shall be borne by the customer, except for exceptions and derogations that will be specially advertised on the site. The cost will be, in any case made known to the customer before the confirmation of the purchase.

3.4.In the hypothesis sub 3.2., the irrevocable proposal of purchase is finalized through the exact compilation and consent to the purchase manifested through the exact compilation and consent to the purchase manifested through the accession given “on line, following the on-screen instructions and, finally, by checking and, therefore, accepting the boxes marked ACCEPTANCE OF TERMS OF SALE and PRIVACY LAW.

3.5.All customers can pay for the ordered goods using the payment methods indicated “online”, at the time of purchase.

3.6.The prices of different types of transportation refer to weight, bulk, delivery destination and/or any other services required (insurance, delivery times, etc.).

3.7.In the case sub 3.2., the receipt of the order does not bind “Paradiso Gonfiabile S.r.l.” until the same has expressly accepted the order itself by written deed or by shipment of the goods.

3.8.The buyer expressly gives “Paradiso gonfiabile S.r.l.” the right to accept even partially the order placed, allowing it to directly ship the goods ne limits determined by the seller. In this case, the contract will be considered perfected with respect to the goods concretely sold.

3.9.Before acceptance “Paradiso Gonfiabile S.r.l.” reserves the right to communicate any errors contained in the product sheet in relation to the amount of the price.

3.10.Upon the occurrence of such circumstances, in fact, “Paradiso Gonfiabile S.r.l.” will promptly inform the customer through the sending of an email pec, to give the opportunity, to the customer himself, to withdraw the proposed order.

3.11.If the customer still decides to follow up on the order, he/she shall accept the modified price on the understanding that, in the event of discrepancies, the correct price in the aforementioned email sent by the company shall prevail.

Art. 4 Methods of delivery

“Paradiso Gonfiabile S.r.l.” will deliver to customers, at the address indicated by them, the products selected and ordered, in the manner provided in the preceding article, by couriers.

4.2.In the event that payment is made by credit card, delivery must necessarily take place at the cardholder’s residence as declared to the issuer.

4.3.The goods purchased will be delivered within the terms established by D. Lgs 206/2005 (Consumer Code). No responsibility can be attributed to the supplier for delayed or non-delivery not attributable to the supplier or attributable to force majeure or fortuitous events.

4.4.The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after such verification, and unless the right of withdrawal is exercised, the customer must sign the delivery documents. The right of withdrawal is, of course, excluded where the goods sold are “custom-made” for the customer.

4.5.Paradiso Gonfiabile S.r.l. is not responsible for damages or delays in delivery caused by the carrier to the purchased products, being totally unrelated to the relationship between the same carrier and the customer.

4.6.The customer may choose another carrier, it being understood, of course, that in this case the transport will be at his sole risk, care and expense, and that payment may not be made by cash on delivery, but, in addition to the other methods indicated on the site, by advance payment.

Article 5 Availability of products

5.1.The customer may purchase products under the conditions indicated in the electronic catalog prepared by “Paradiso Gonfiabile S.r.l.” and in the quantities existing in stock or available from any suppliers.

5.2.“Paradiso Gonfiabile S.r.l.” does not guarantee the continued availability of the products under the conditions offered, remaining committed, in case of unavailability and successful payment of the goods, to promptly inform the customer and refund the price without additional charges, within 30 days.

5.3.In any case, “Paradiso Gonfiabile S.r.l.” shall have the right to confirm and/or change the indicated price and in this case the consumer may withdraw before delivery if the final price is excessively high compared to the originally agreed price.

Art. 6 Responsibilities

6.1.“Paradiso Gonfiabile S.r.l.” assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, to execute in the agreed time the contract.

6.2.“Paradiso Gonfiabile S.r.l.” shall not be liable to any party or third party for damages, losses, costs incurred as a result of the non-performance of the contract for the above causes, the consumer being entitled only to a refund of the price paid.

6.3.“Paradiso Gonfiabile S.r.l.” is not responsible for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for products purchased. Paradiso Gonfiabile S.r.l., in fact, at no stage of the purchase process is able to know the buyer’s credit card number which, by opening a secure connection, is directly transmitted to the manager of the banking service.

6.4.“Paradiso Gonfiabile S.r.l.” is also unable to know the data provided to the lender, since at the time of choosing this means of payment, a secure connection is opened to the buyer, transmitted directly to the lender itself.

Art. 7 Guarantees and methods of assistance

7.1.Sells products of HIGH QUALITY LEVEL. The manufacturers of such goods offer warranties, the minimum duration of which depends on the type of product purchased. the warranty runs from the day of purchase of the good.

7.2.In the event that there is a need for an intervention covered by the warranty, the costs of transportation to “Paradiso Gonfiabile S.r.l.” and those of return to the domicile of the applicant will be borne by the customer himself, unless otherwise specified in the return form, which must be completed, signed and delivered together with the good.

7.3.Failure to complete, sign and/or deliver the return form will result in the goods not being accepted and, therefore, subject to technical intervention.

7.4.In case of lack of conformity, the provisions of the Consumer Code shall apply.

Article 8 Obligations of the purchaser

8.1.The consumer agrees and undertakes, once the purchase procedure “on line” is concluded, to print and keep these general conditions, which, moreover, will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully comply with the conditions of Legislative Decree 206/2005 (Consumer Code).

8.2.These general conditions may be updated or modified at any time by “Paradiso Gonfiabile S.r.l.”, which will provide notice through its e-commerce. The consumer undertakes and obliges, whenever there is a change in the general conditions, to ensure that they are printed and preserved.

8.3.It is strictly forbidden for the purchaser to enter false data, and / or invented, and / or fantasy, in the registration process necessary to activate against him the process for the execution of this contract and its further communications; personal data and email must be exclusively their real personal data and not of third persons or fantasy.

8.4.It is expressly forbidden to make double registrations corresponding to one person or enter data of third persons. “Paradiso Gonfiabile S.r.l.” reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.

8.5.The customer indemnifies “Paradiso Gonfiabile S.r.l.” from any liability arising from the issuance of erroneous tax documents due to errors related to data provided by the customer, the customer being solely responsible for their correct entry.

Article 9 Methods of payment

9.1. Credit cards: we accept the following credit cards: Visa, Mastercard, and the prepaid cards PostePay, Maestro, and Visa Electron, through the Pay Pal service.

I. In case of purchase of the goods by credit card payment method (concurrent with the conclusion of the order transaction), Paypal will only authorize the charge of the amount related to the purchase made. In case of cancellation of the order, either by the customer, or in the case of non-acceptance of the contract by us, will be required by us to cancel the transaction and the reversal of the amount used excluding bank charges on the transaction.

i. Release times depend solely on the banking system and may be up to their scheduled expiration date (24th day from the date of authorization). Once the transaction has been cancelled, we will not be held responsible in any way for delays and/or damages caused by the banking system.

ii. Goods can only be shipped to the address verified by Pay Pal. If you do not have a verified address, one of our representatives will contact you by phone.

iii. In the case of payment by credit card, the financial information will be forwarded, via encrypted protocol (SSLA128 bit), to Paypal, which provides the relevant remote electronic payment services, without third parties being able, in any way, to access it.

iv. Such information, moreover, will never be used by us except to complete the procedures relating to the purchase and to issue refunds in the event of any returns of products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on pgoplay.com.

9.2. Bank Transfer: to make the purchase by Bank Transfer (without the application of any surcharge over the total price) you must make the payment always indicating the reason for transfer. The product processing procedure is activated within 24 hours after the bank notifies you of the payment to our bank account (usually 7 working days). At the end of the purchase procedure will be communicated the bank details to which to make the transfer. With this payment method, it is also possible to ship goods to a recipient other than the user making the purchase.

9.3. IN ALL CASES, PENDING ORDERS, NOT CONFIRMED BY RECEIPT OF PAYMENT, WILL BE AUTOMATICALLY CANCELLED AFTER 15 (FIFTEEN) DAYS.

Article 10 Right of withdrawal and reconsideration

10.1 Pursuant to art. 64 of Legislative Decree 206/2005, as amended by Legislative Decree 22/2014, the consumer customer may exercise the right of withdrawal, except for goods sold “made to measure”, returning the goods in the best conditions i possible and obtaining a refund of the price paid, within14 days of receipt of the communication.

10.2. The consumer who is not satisfied with the purchase made, has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the period of 14 working days from the day of receipt of the purchased goods.

10.3. All costs of returning products are the responsibility of the customer who will, directly or by other means, deliver them to the seller’s home.

10.4. In order to exercise the right of withdrawal, the customer must, within the period indicated above, send a registered letter with return receipt to – “Paradiso Gonfiabile Srl” , 76121 – Barletta, Via F. d’Aragona 114/A. Within the same period, a telegram or fax may be sent, which must be followed within 48 hours by the above-mentioned registered letter with acknowledgement of receipt confirming the manifested withdrawal.

10.5. “Paradiso Gonfiabile S.r.l.” will accept the returned goods reserving the right to ascertain that the products have been returned in the state of origin.

10.6. Transportation costs incurred in delivering the product to the customer and any return to “Paradiso Gonfiabile S.r.l.” are not refundable.

Art. 11 Authorizations

11.1. By filling in the appropriate space, present on the website, the Client authorizes “Paradiso Gonfiabile S.r.l.” to use his or her credit card, or other card issued in substitution thereof, and to debit his or her bank account in favor of “Paradiso Gonfiabile S.r.l.” the total amount highlighted as the cost of the purchase made “on line”. The entire procedure is done via secure connection directly connected to the banking institution owner and operator of the payment service “on line”, which “Paradiso Gonfiabile S.r.l.” cannot access.

11.2. Should the consumer make use of the right of withdrawal, as per Article 10) of these general conditions, or in any case in which the payment does not result in the completion of the sale, the amount to be refunded will be credited to the same credit card.

Article 12 Contract termination and express termination clause

12.1. “Paradiso Gonfiabile S.r.l.” has the right to terminate the contract entered into by giving simple notice to the customer indicating the reason; in this case, the customer will be entitled only to a refund of any amount already paid.

12.2. The obligations assumed by the customer under Art. 8. (obligations of the buyer), as well as the guarantee of the successful completion of the payment, have an essential character, so that by express agreement, the failure by the customer to comply with only one of these obligations will result in the legal termination of the contract under Article 1456 of the Civil Code, without the need for judicial pronouncement without prejudice to the right of “Paradiso Gonfiabile S.r.l.” to take legal action for compensation for further damage.

Art. 13 Privacy

13.1. Personal data are collected for the purpose of registering the customer and activating towards him/her the procedures for the execution of this contract and related communications; such data are processed electronically in compliance with the laws in force and may be produced only at the request of the judicial authority or other authorities authorized for this purpose by law.

13.2. Personal data will be communicated to persons delegated to carry out the activities necessary for the execution of the concluded contract and disseminated exclusively within the scope of this purpose.

13.3. The interested party enjoys the rights under Art. 13 of Presidential Decree no. 196/2003 and subsequent amendments and additions, namely: to request confirmation of the existence at the headquarters of “Paradiso Gonfiabile S.r.l.” of their personal data; to know their origin, the logic and purpose of their processing; to obtain their updating, rectification and integration; to request their cancellation, transformation into anonymous form or blocking in case of unlawful processing; to oppose their processing for legitimate reasons or in case of use of the data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication.

13.4. The rights deriving from the legislation on privacy and the information obligations arising therefrom borne by “Paradiso Gonfiabile S.r.l.” are examined “on line”, before the completion of the purchase procedure. The submission of the order confirmation therefore implies total knowledge of them. The customer or professional user, with the telematic sending of the confirmation of his purchase order, declares that he has been informed of all his rights under the above-mentioned legislation.

13.5. Owner and responsible for the collection and processing of personal data is “Paradiso Gonfiabile S.r.l.” informs customers that there is a particular risk of a breach of network security, a risk that may also pose, due to the particular nature of the medium used, outside the scope of application of the minimum security measures that it is obliged to take under current legislation.

Article 14 Jurisdiction and Jurisdiction.

14.1 Any dispute relating to the application, execution, interpretation and breach of the purchase contracts entered into “on line” through the website pgoplay.com is subject to Italian jurisdiction; these general conditions refer, as far as not provided for, to the provisions of Legislative Decree 206/2005.

14.2. For any dispute between the parties regarding this contract, the Court in whose district the consumer has his domicile shall have jurisdiction, in accordance with current regulations; for all other customers (foreign or non-consumer) it is agreed that any dispute, even in derogation of the rules regarding territorial jurisdiction, shall be the exclusive jurisdiction of the Court of Trani, district of the Court of Appeal of Bari.

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