Prodir DNA Store Terms and Conditions
Last revision: 15/07/2019
Owner of Prodir DNA Store and of the related Services
Pagani Pens SA
Via Ponteggia 19 – 6814 Cadempino, Ticino, Switzerland
Chamber of Commerce of Ticino Canton
Share capital: 444,000.00 CHF
VAT No.: CHE-102.887.450
Customer Support email address: firstname.lastname@example.org
Information on Prodir DNA Store
Prodir DNA Store is an e-commerce platform for the sale of customisable pens targeted at consumers and companies.
The Customer can create one’s customised pen through the website either by selecting from all the configurations provided, or creating one’s own by means of the configurator.
1.1 Status of this document
This document constitutes a legal agreement between you, as User, and the company that manages Prodir DNA Store and it regulates your use of the website and of the online shop and, in any case, the use of the services provided.
“Terms and Conditions (or Terms, or Contract)” refers to these general terms and conditions of service, which constitute a legally binding agreement between the User and Prodir DNA Store.
“User”, “you”, “your” and similar terms, used in the singular or plural, refer to you, the User.
“Consumer” means any natural person who is acting for purposes which are outside his or her trade, business, craft or profession;
“We”, “our” and similar terms refer to the company that owns and manages Prodir DNA Store.
“Order Confirmation” refers to the email sent by Prodir DNA Store when the products are shipped, to confirm that all or some of the products purchased have been shipped.
“Order Processing Receipt” refers to the email sent by Prodir DNA Store when the order is received.
“Service” is the service offered by Prodir DNA Store as described by these Terms and Conditions.
1.3 Applicable rules
The sale and purchase of products on Prodir DNA Store constitutes a distance contract regulated by:
- European Directive 2000/31/EC (Electronic Commerce) for Users resident of the European Union;
- Directive 2011/83/EU (Consumer Rights), for Consumer resident of the European Union;
- The Federal Law on unfair competition (LCSl; RS 241), the Ordinance on the Indication of Prices (OIP; RS 942.211) and the Swiss Code of Obligations (CO; RS 220), for Users resident in Switzerland.
1.4 Changes to the present Terms
Prodir DNA Store reserves the right to make changes to these Terms at any time, notifying the User thereof by communicating such changes by email inside the website.
Users are therefore invited to read the most recently updated version of the Terms and Conditions before making a purchase.
The applicable Terms and Conditions are those in force at the date when the purchase order is transmitted.
A User who continues to use Prodir DNA Store after the changes are published shall be deemed to accept the new Terms without reservation.
1.5 Acceptance of the Contract
If you do not accept the Contract you will not be able to avail of the Service.
2. Owner of Prodir DNA Store and methods of use
2.1 Use without registration
Prior registration is not required in order to make a purchase on Prodir DNA Store. In the purchase procedure, however, you will be requested to enter the relevant data which should be correct, complete and true if the order is to be proceeded with.
For any matters not specifically covered by this subsection, full reference should be made to the Service use below, for registered Users.
The User is obliged to keep his/her access credentials confidential.
Registration credentials may be used only by the User, and may not be transferred to third parties. The User undertakes to keep them confidential and to ensure that no one has access to them, and to promptly inform Prodir DNA Store if they may have been improperly used and/or disclosed.
The Parties agree that Prodir DNA Store cannot in any circumstances be held liable in the event of loss, dissemination, theft or unauthorised use by third parties, on any basis, of Users’ access credentials.
2.3 Account cancellation and closure of User accounts
Registered Users may deactivate their accounts, request account closure or stop using the Service at any time, by using the Prodir DNA Store interface or by contacting Prodir DNA Store directly using the address is provided in this Document.
If these Terms and Conditions are infringed, Prodir DNA Store reserves the right to suspend or terminate the User’s account at any time and without advance notice.
Prodir DNA Store reserves the right to suspend or close the User’s account at any time and without advance notice if it considers that:
- the User has infringed the Contract; and/or
- access or use of the Service could cause detriment to Prodir DNA Store, to other Users or to third parties; and/or
- the User’s use of Prodir DNA Store could result in an infringement of applicable legislative and/or regulatory provisions; and/or
- investigations are conducted following legal proceedings or based on the involvement of the public authority; and/or
- Prodir DNA Store considers – at its absolute discretion and for any reason – that the User’s account or the use thereof is inappropriate or offensive or is in breach of the Contract, or is not in keeping with Prodir DNA Store’s standards.
2.4 Content available on Prodir DNA Store
The content available on Prodir DNA Store is protected by copyright law and other international laws and treaties safeguarding intellectual property rights and, unless otherwise specified, Users are authorised to use such content exclusively within the limits of this clause.
Prodir DNA Store grants the User a personal license to use such content for the entire duration of the Contract; this personal license is non-transferable and non-exclusive, it is exclusively for personal and never for commercial purposes, and it is limited to the device that the User is using for such content.
Therefore, the User is specifically forbidden copying and/or downloading and/or sharing (save within the limits indicated below), altering, publishing, transmitting, selling, sub-licensing, processing, transferring/granting to third parties or creating works that derive in any way from the content (also of third parties) available on Prodir DNA Store, and from permitting third parties to do the same through the User or the User’s device, with or without the latter’s knowledge.
Only where Prodir DNA Store specifically permits, the User may – for personal use only – be authorised to download and/or copy and/or share certain content made available on Prodir DNA Store, provided that the User accurately cites all copyright information and other information provided by Prodir DNA Store.
2.5 Content provided by third parties
Prodir DNA Store does not moderate in advance any third party content or links appearing on Prodir DNA Store. Prodir DNA Store is not responsible for such content and for its accessibility.
2.6 Content provided by the User
Users are responsible for their own and for third-party content which they share on Prodir DNA Store by uploading such content, by inserting content or using any other means.
Users indemnify Prodir DNA Store against any liability associated with unlawful dissemination of third-party content or with the unlawful use of Prodir DNA Store.
Prodir DNA Store is not involved in any way in moderating content published by the User or by third parties, but it undertakes to intervene in cases where content is deemed offensive or illegal following notification from Users or the orders of public authorities.
More specifically, Prodir DNA Store may suspend or halt the display of content if:
- complaints are received from other Users;
- a report of infringement of intellectual property rights is received;
- it considers it must do this in view of legal proceedings, or following the outcome thereof;
- such action is requested by public authorities; or
- it considers that Users or third parties could be harmed, or the availability of the Service and/or Prodir DNA Store itself could be put at risk if the content were to remain accessible through Prodir DNA Store.
2.7 Rights to content provided by Users
The only rights granted to Prodir DNA Store in relation to content provided by Users are those required for the operation and maintenance of Prodir DNA Store.
2.8 Services provided by third parties
Users may use third-party services or content included in Prodir DNA Store, subject to first having read and accepted the terms and conditions of said third parties. Prodir DNA Store cannot, in any circumstances, accept liability in relation to the proper functioning or availability – or both – of services provided by third parties.
2.9 Unauthorised use
The Service shall be utilised in accordance with the provisions of the Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Prodir DNA Store or on any part thereof;
- circumvent the IT systems used by Prodir DNA Store or by its licensees to protect the content accessible through it;
- copy, store, alter, change, prepare derivative works or alter in any manner any of the content provided by Prodir DNA Store;
- use any robot, spider, search and/or site finder application, or any other device, process or automated procedure to access, retrieve, scrape or index any part of Prodir DNA Store or of its content;
- lease, licence or sublicense Prodir DNA Store;
- defame, offend, harass, engage in threatening conduct, threaten or otherwise violate the rights of others;
- disseminate or publish illegal, obscene, illicit, defamatory or inappropriate content;
- misappropriate an account used by another User;
- register or use the Service in order to approach Users to promote or sell or advertise, in any way, products or services of any type through Prodir DNA Store;
- inappropriately use Prodir DNA Store in any other manner in breach of the Terms.
3. Terms and Conditions of Sale
3.1 Purchasing procedure
Each order transmitted constitutes an offer to purchase products. Prodir DNA Store reserves the right, at its absolute discretion, to accept or decline an Order after ascertaining whether or not the product indicated in the offer is available, subject to the conditions contained therein. The User needs to select the products and complete the check-out, after having carefully checked the information contained in the order summary. The order is made when confirmed, and is subject to the payment of the price, taxes and the shipping and payment expenses indicated in the Order Summary form.
The Order Processing Receipt is not to be understood as an acceptance of the order. The contract is entered into and takes effect from the moment Prodir DNA Store transmits the Order Confirmation to the User’s email address.
Prodir DNA Store reserves the right not to confirm an order by notifying the User – within 5 working days of the order placement – that one or more of the products purchased are unavailable, such notification to be made to the email address associated with the purchase. In this event, Prodir DNA Store will refund the price and shipping costs which the User has incurred.
3.2 Customer Support Service
The Customer Service is accessible using the contact form at the following link. The Service will be available Monday to Friday from 8:00 am to 5:00 pm and will respond to customer queries by e-mail: email@example.com.
The customer support service will use a ticketing system to properly manage queries submitted.
The customer support service reserves the right to reply to customer requests within 72 hours, in order to properly process and manage them.
Any requests received during public holidays will be processed on the next available business day.
3.3 Payment procedures
Prodir DNA Store uses third-party payment processing tools and does not handle or process in any way the User’s payment data provided, such as credit card data.
Any handling costs for the User’s payments which are not accepted will be charged to the User.
All Prices include VAT and are given in the currency of the country from which the Customer places the order, or the country selected during the purchase procedure.
The full Price appearing at the end of the Order includes shipping costs.
To guarantee the security of payments made, Prodir DNA Store uses Six Payment Services (SaferPay) as a secure payment gateway, through which the most important payment circuits may be chosen.
The conditions of use of the Six Payment Services are available at the following link.
3.4 Retention of title
Until such time as the full price is paid for the products ordered, title to the products remains with Prodir DNA Store.
3.5 Availability of products
The prices, descriptions or availability of the products displayed may be altered without notice, however, the price charged to the User is the price displayed on the product information sheet at the time the order is sent.
The photographs are intended only as a guide and may not represent the products precisely.
Prodir DNA Store will do its utmost to present the product characteristics with as much detail as possible inside each tab corresponding to the product viewed by the User. However, the images and colours of products offered for sale on Prodir DNA Store may differ from the actual ones for various reasons including (for example, and without limitation) the User’s terminal monitor, photographic filters etc. Therefore, the User acknowledges and agrees that any such minor differences shall not constitute a non-conformity of the products.
If the Product ordered is unavailable, without prejudice to the User’s rights under law, Prodir DNA Store will refund this amount without undue delay, and in any case no later than 15 (fifteen) business days from the collection date. This amount will normally be credited to the same payment method which the User deployed for the purchase, or such alternative payment means agreed between the User and Prodir DNA Store. Any delay in crediting the User may depend on the bank in question, on the type of credit card or on the payment solution used.
3.6 Execution of the Order
The Order is executed within the deadlines indicated in the summary page and in the Order Confirmation email, subject to the availability of the ordered product.
It is specified that from the Order acceptance, Prodir DNA Store reserves a period of 48 hours to create the product.
Prodir DNA Store cannot be held liable for loss incurred by the User due to delays in delivery that are not attributable to circumstances which the Parties could have foreseen at the time the Order Confirmation was sent.
Shipping costs vary depending on the dimensions, weight and destination of the items chosen.
All delivery information, times, tax and duty details and the shipment destination may be viewed at the following link.
Deliveries will be made by:
- Swisspost within Swiss territory;
- TNT for EU countries,
with variable times based on the destination in question. Note that delivery times are indicative only and are calculated as from the day of shipment.
Prodir DNA Store cannot accept liability for customs clearance delays, but undertakes to minimise problems arising.
The purchase order already includes the cost of taxes and duties, therefore no other charge is payable when the goods are received.
4.1 Order tracking
After placing an order, you will receive an e-mail containing all the details of your purchase. Please do not hesitate to contact us for further information. As soon as the package is delivered to the courier, electronic tracking begins and the delivery date is estimated.
The delivery’s progress may be tracked by accessing the courier’s tracking page using the link we will send you.
Deliveries are made during normal business hours to the address indicated by the User and in the manner indicated in the order summary.
The User is responsible for checking the condition of the Product delivered. The risk of loss or damage to the Products for reasons not attributable to Prodir DNA Store is transferred to the User when the latter, or a third party appointed by the latter and other than the carrier, takes physical possession of the Product. The User is recommended to check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, including the sealing materials applied, and the User is invited, in his or her own interest, to indicate any problems or anomalies on the carrier’s transport document, accepting the package subject to reservation. If the User accepts Products without reservation, said User will be unable to bring an action against the carrier in the event of loss or damage to the Products, unless the loss or damage is due to fraudulent intent or gross negligence on the part of the carrier and except for partial loss or damage that is not obvious at the time of delivery, provided that in the latter case the damage is reported as soon as the recipient becomes aware of it and, in any case, no later than 8 (eight) days after receipt. If the package shows clear signs of tampering or alteration, the User is also recommended to promptly notify the Prodir DNA Store Customer Support Service of this.
The rules on the right of withdrawal and on legal conformity guarantees shall, in any case, be applicable.
If the carrier fails to withdraw the goods by the agreed deadline, the products will be returned to Prodir DNA Store, which will reimburse the price of the products including shipment costs.
Prodir DNA Store cannot be held liable for errors of delivery due to inaccuracies or incomplete information provision by the User when filling out the purchase order, if the Products are damaged in any way after they are made available to the carrier, in circumstances where the latter has been selected and appointed by the User, or due to delivery delays attributable to the latter.
6. Right of withdrawal
6.1 Right of withdrawal
Where products or services are purchased on Prodir DNA Store, the User is entitled to withdraw from the contract within 14 days, without the requirement to provide reasons. The period of withdrawal expires after 14 days elapse from the day on which the User or a third party designated by the User – other than the carrier – obtains physical possession of the goods.
The User shall inform Prodir DNA Store of the withdrawal decision by sending – prior to the expiry of the withdrawal period – a specific declaration to this effect, to the relevant contact address indicated in these Terms.
In order to exercise the right of withdrawal, the User shall send an email to firstname.lastname@example.org with a specific declaration of intent to withdraw from the contract (Declaration of Withdrawal).
As the onus of proving that the right of withdrawal is exercised prior to the expiration of the Withdrawal Period rests with the User, it is in the latter’s interest to keep a copy of the email sent to Prodir DNA Store containing the Declaration of Withdrawal.
To this end, the specimen form indicated below for exercising the right of withdrawal may be used:
Example of withdrawal form
Addressed to: Pagani Pens SA, Via Ponteggia 19 – 6814 Cadempino, Ticino, Switzerland
I/we hereby notify my/our withdrawal from the contract of sale of the following goods/services:
________________________________________________________________________________________________ (insert a description of the goods/services intended to be withdrawn from)
- Ordered on: __________________________________________________________ (insert the date)
- Received on: _________________________________________________________ (insert the date)
- Name of the User/s: _________________________________________________________________
- Address of the User/s: _______________________________________________________________
- Date: ___________________________________________________________________________
(sign only if this form is notified in hardcopy form)
The User, however, is free to choose any other equivalent form of contract withdrawal.
6.2 Effects of contract withdrawal
If the User withdraws from this contract, he/she will be refunded any payments made to Prodir DNA Store, including the costs of delivery (except for the additional costs associated with a delivery option other than the less-expensive standard delivery option offered) without undue delay and, in any case, no later than 14 days from the day on which Prodir DNA Store is informed about the User’s contract withdrawal decision. These refunds will be made using the same payment method that the User utilised for the initial transaction, unless the User has specifically agreed otherwise; the User shall not, in any case, incur any costs as a consequence of such refunds. The refund may be suspended until the goods are received or until the User has demonstrated that the goods have been returned, if earlier.
The User is requested to return the goods to Prodir DNA Store without undue delay and, in any case, within 14 days from the day on which the withdrawal from this contract was notified. The deadline will be respected if the User returns the goods before the 14-day period expires. The User will pay in advance for the costs of returning the goods.
6.3 Limitations on the contractual withdrawal right
Returned products that have been damaged or used in different or additional ways than strictly necessary in order to determine the nature, characteristics and functioning of said products, will be reimbursed after deducting the diminished value associated with said damage or use. There shall be no reimbursement if the diminished value is total.
The User is requested to insert into the package a copy of the delivery document received.
The right of withdrawal shall be excluded in relation to:
- goods that have been made to measure or clearly personalised (for purposes of illustration: the ability to choose certain standard modules during the customisation phase shall not be a basis for excluding the right of withdrawal. By contrast, however, the engraving of one’s name or other unique distinctive characters on the pen, shall exclude the right of withdrawal);
- goods supplied which are likely to deteriorate or expire rapidly;
- sealed goods supplied that are unsuitable to be returned for health/hygiene protection reasons, and have been opened after delivery.
6.4 Applicability of withdrawal clauses
The clauses providing for the exercise of the right of withdrawal, and the associated consequences and exceptions, apply to a User who has the status of a consumer i.e. to a User who acts for purposes unrelated to his/her business and professional activity.
6.5 Right of withdrawal for companies (B2B)
Prodir DNA Store titles also companies to withdraw, according to the same procedures and subject to the same obligations associated with the consumer/User’s right of withdrawal.
7. Legal warranty of conformity
All Products sold on Prodir DNA Store are covered by the legal warranty of conformity.
A User who makes a purchase as a consumer is entitled to a legal warranty of conformity of the products and services purchased, for up to 24 (twenty-four) months from the purchase.
To exercise the warranty right, the User must contact Prodir DNA Store using the contact details contained in this document, providing an accurate description of the defect encountered.
If a non-conformity of the product is ascertained, the User is entitled to have the product repaired or replaced, at the latter’s discretion.
The User is also entitled to ask Prodir DNA Store to grant a suitable price reduction or for contract termination in the following cases:
- if repair and the replacement prove to be impossible or excessively onerous;
- if Prodir DNA Store should fail to repair or replace the item within a reasonable period of time, but not less than 15 (fifteen) days;
- if the User has been significantly inconvenienced by the previous replacement or repair.
The User is required, nevertheless, to return the defective products.
8. Compensation and limitation of liability
The User undertakes to indemnify Prodir DNA Store and its Owner (and any subsidiaries or affiliates thereof, its representatives, directors, agents, licensees, partners and employees) against any obligation or liability, including any legal expenses incurred for purposes of defence in legal proceedings, which may arise based on loss caused to other Users or to third parties and associated with content uploaded online, or infringement of the law or of the provisions of these terms and conditions of service.
Prodir DNA Store and all of the functionality accessible through Prodir DNA Store are made available to Users subject to the terms and conditions of the Contract, as amended from time to time, without express or implied warranties not required by law.
In particular, no guarantee is provided that the services offered are suitable for the User’s individual purposes.
Users utilise Prodir DNA Store and the functionality accessible through Prodir DNA Store at their own risk and responsibility.
More specifically, Prodir DNA Store, subject to the limits of applicable law, is responsible for contractual and noncontractual loss to Users and third parties which is attributable exclusively to fraudulent intent or gross negligence, if such loss is an immediate and direct consequence of Prodir DNA Store ‘s activity. Accordingly, the Prodir DNA Store will not be responsible for:
- any loss that is not a direct consequence of a breach of the Contract by Prodir DNA Store;
- any loss of business opportunity and any other loss, direct or otherwise, incurred by the User (such as, without limitation, commercial losses, loss of earnings, revenue, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill value etc.);
- loss or losses deriving from interruptions or malfunctions of Prodir DNA Store attributable to events of force majeure or to events that are unforeseen and unforeseeable and occur independently and outside the control of Prodir DNA Store such as, for purposes of illustration only, faults or interruptions to telephone or electrical lines, to the Internet and/or to other transmission networks or means, unavailability of websites, strikes, natural events, computer attacks and viruses, interruptions in the provision of third-party products, services or applications; and
- incorrect or inappropriate use of Prodir DNA Store by Users or third parties.
9. Common provision
9.1 Interruption of the Service
In order to guarantee Users the optimal use and enjoyment of the Service, Prodir DNA Store reserves the right to suspend the Service for reasons of maintenance or system updates, informing Users of this by means of continuous updates.
9.2 Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit any part of Prodir DNA Store and of its Services without prior written approval from Prodir DNA Store, guaranteed directly or through a specific resale program.
9.4 Intellectual Property Rights
All trademarks, whether figurative marks or word marks, and any other signs, commercial names, service marks, appellation marks, trade names, illustrations, images, logos which appear in relation to Prodir DNA Store are and remain the exclusive property of Prodir DNA Store or of its licensees and are protected by applicable trademark laws and associated international treaties.
All trademarks and any other signs, commercial names, service marks, appellation marks, trade names, illustrations, images, logos pertaining to third parties are and remain the exclusive property of or available to said third parties or their licensees, and are protected by applicable trademark laws and associated international treaties. Prodir DNA Store does not own these intellectual property rights and it is entitled to use them subject to the limits and in conformity with contracts entered into with those third parties and for the purposes detailed therein.
9.5 Age requirements
Users declare that they are no longer minors, in accordance with laws applicable to them.
Minors may use Prodir DNA Store exclusively with the assistance of a parent or legal guardian. In no circumstances may persons under 13 years of age use Prodir DNA Store.
9.6 Conditions for receiving deliveries
A User who makes a purchase through Prodir DNA Store also declares and guarantees that the person who will receive the delivery of the products purchased is an adult in accordance with laws applicable to the latter.
9.7 Transfer of the contract
Prodir DNA Store reserves the right to transfer, assign, dispose of by way of a novation transaction, or subcontract all or some of the rights or obligations under the Terms, provided that the User’s rights provided for herein are not prejudiced, and subject to the User’s right to freely withdraw from the Contract. The User will be promptly notified of the assignment.
The User may not assign or transfer in any way his/her rights or obligations under the Terms without Prodir DNA Store’s approval in writing.
All communications relating to Prodir DNA Store shall be transmitted using the contact details indicated in these Terms.
9.9 Invalidity and partial nullity
If an individual provision or various provisions of these Terms is/are or become invalid or inapplicable, this shall not compromise the validity and applicability of the other provisions. In this case, the Parties shall replace the provision that is invalid, null and void or inapplicable with an alternative provision that is valid and applicable. The same applies, by way of analogy, in cases where these Terms contain legal lacunae.
10. Dispute resolution
10.1 Applicable law and Court of competent jurisdiction
These Terms and any and all disputes pertaining to the implementation, interpretation and validity of this contract are subject to the law and legal jurisdiction of the Swiss State and shall be submitted to the exclusive jurisdiction of the Court of Lugano.
An exception is made for the exclusive consumer court, if the law so provides.
10.2 Online dispute resolution for consumers
Consumers residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative mechanism for the resolution of disputes. The European consumer can avail of this mechanism to resolve, extra-judicially, any dispute involving and/or arising from contracts for the sale of goods and services which are entered into online. Accordingly, if you are a European consumer, you can use this platform to resolve any dispute arising from an online contract entered into with Prodir DNA Store.
The platform is available at the following link.
Prodir DNA Store will respond to any query transmitted to the email address: email@example.com.