Terms and conditions of use

The following General Terms and Conditions of Sale together including the Privacy Policy and Cookie Policy, govern the offer and sale of products on our website, “progarr.com”. Please read these terms and conditions carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.

The products purchased on progarr.com are sold directly by

PROGARR.com (below “Progarr” or the “Vendor”),
Corso VI Aprile 80 – Angolo Piazza Ciullo
91011 Alcamo
Italy
VAT no. IT 02642800813
Ph. +39 0924 27875
Email: progarrcustomerservice@protonmail.com

Requests for information should be made through our Customer Care:
– by phone : + 39 0924 27875
– by e-mail : via the direct contact form available from our contact page or at our email address progarrcustomerservice@protonmail.com

1. Our Business Policy

1.1 Progarr offers products for sale on progarr.com and its e-commerce business services.

1.2 Progarr reserves the right not to process orders received from users which does not comply with our business policy. Progarr may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available.

1.3 These General Terms and Conditions of Sale regulate the offer, transmission and acceptance of purchase orders relating to products on progarr.com between the users and Progarr.

1.4 The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on progarr.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions. Under no circumstances shall Progarr be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between users of progarr.com and third parties.

2. How to Execute a Contract with Progarr

2.1 To place an order for the purchase of one or more products on progarr.com, you must fill out the online order form and send it electronically to Progarr, following the relevant instructions.

2.2 Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.

2.3 The order form contains a link to these General Terms and Conditions of Sale, and also contains information on the main characteristics of each product ordered and the relevant unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping costs.

2.4 The order form will be filed in our data base for the time required to process your order and as provided by law.

2.5 Before submitting the order form, you will be asked to identify and correct possible input errors.

2.6 The submission of orders to Progarr must be in English.

2.7 After your order form has been submitted, Progarr will process your order.

2.8 Progarr may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that Progarr has not carried out your purchase order specifying the reasons thereof. If the products displayed on progarr.com are no longer available at the time of your last access or once Progarr has received your order form, Progarr shall inform you of the unavailability of the ordered products within 30 days from the day after Progarr has received your order. If the order form has been sent and the price has been paid for items that are no longer available, Progarr will refund the amount paid for those items.

2.9 By submitting an order form to Progarr, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products.

2.10 By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on progarr.com.

2.11 We would like to remind you that all items purchased are intended for use in the country they were ordered from. If, however, you decide to take the items to another country, you will be responsible for adhering to both the exportation legislation of the order country and the importation legislation of the destination country. Progarr shall not be held liable.

3. Guarantees and Product Price Indication

3.1 On progarr.com, we offer for sale only products in new condition.

3.2 Progarr does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.

3.3 The main characteristics of products are shown on progarr.com on each product page. The photos illustrating the products on the site do not fall within the contractual field. In case of errors or alterations resulting from the processing of these photos, Progarr is not responsible.

3.4 Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.

3.5 Pursuant to art. 57, paragraph II, of the Consumer Code, you will be responsible for the decrease in the value of the products purchased on progarr.com resulting from use of the same products other than that necessary to ascertain the nature, characteristics and operation. Therefore, the Vendor, in the event of exercising your right of withdrawal, has the right not to accept the return or not fully reimburse the sums paid for the purchase, in relation to those products that have been altered in their essential and qualitative characteristics or that they have been damaged.

3.5 All products sold by the Vendor are covered by a guarantee for lack of conformity, as provided by the applicable law 2 years. You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. In case of lack of conformity, you may choose between the repair or replacement of the product. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.

4. Payments

4.1 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.

4.2 In the case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Unicredit or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by Progarr except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the relevant costs for shipping and delivery, as indicated in the order form, will be charged at moment of order.

5. Shipping and delivery of the products

5.1  For specific product shipping and delivery procedures, please visit the read the Shipping section. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.

5.2 Products will be delivered to the address indicated by the Customer in the Order form, after confirmation of the Order. An email will be sent to the Customer as soon as the Products are shipped. Delivery shall be deemed to have been made when the Products are delivered to the Customer at the address indicated in the Order confirmation. The delivery note given by the carrier, dated and signed by the Customer upon delivery will constitute evidence with regard to transport and delivery. The customer shall check the content, the conformity and the condition of the product on delivery thereof.
In the event of delays, damages, total or partial losses, or any problem whatsoever, the customer shall express all reserves and complaints which would seem justified, even to refuse the parcel.
Therefore, Progarr advises the Customer to check the condition of the Products upon delivery and before signing the acknowledgement of receipt of the parcel. At the time of delivery we recommends the customer to verify the status of the products delivered before signing the delivery note of receipt of the parcel:
– The number of parcels being delivered same as indicated in the transport document sent with the shipment;
– The parcels is not damaged, or wet or otherwise altered, and please also check the integrity of the content.
If the Customer notes any damage, he shall reject the Products or issue handwritten, precise and dated reservations. This reserve must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the Products. A copy shall be sent to Progarr.
Progarr has the right, by its unappealable judgment, to make delivery of the products ordered by a courier service of our choice. Delivery will be only at street level.

6. Consumer Rights, Returns of Products, in accordance with consumer protection legislation

6.1 In accordance with consumer protection legislation, you have the right to cancel your contract with Progarr in relation to products purchased from progarr.com, without any penalty and for any reason, by notifying Progarr in writing within fourteen (14) calendar days, beginning on the day you receive the products.

6.2 To return or exchange products you may choose one of the following methods, in accordance with consumer protection legislation, within fourteen (14) calendar days (beginning on the day you received the products):
a) use of the Return Form (in conformity with the standard form in accordance with consumer protection legislation, to be duly compiled and submitted directly online through the site progarr.com;
b) use of the Form (in conformity with the standard form in accordance with consumer protection legislation), duly compiled and submitted to the Vendor;
c) sending the Vendor another declaration explicitly stating your decision to withdraw from the contract. You should keep a record of your cancellation notice.

6.3 You should return the products to Progarr within fourteen (14) calendar days of the date you notify Progarr of the cancellation, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.4 The customer choose returning a product within this period will obtain a reimbursement of both the amount of the Product and the shipping costs (not include the returning costs, it will payed from customer). The customer is responsible for the decrease of the value of goods. Any goods returned must be packed in their original packaging. Progarr may claim refund to the Customer in case of damaged products or goods which have been used and sent without applying reasonable care. The returned goods must be returned in resalable condition.

6.5 The Right of Withdrawal – described in paragraphs 6.1, 6.2, 6.3 and 6.4 – is considered to be correctly exercised if the following conditions are fully met:
    •    use of the Return Form (in conformity with the standard form in accordance with consumer protection legislation), to be duly compiled and submitted directly online through the site progarr.com;
    •    the products should not have been used;
    •    the products should be returned, complete and unused, with their original packaging
    •    the products should be returned to Progarr within fourteen (14) calendar days of the date you notify us of your decision to cancel.
    •    the products should not have been damaged

 6.6 If the right to return – in addition to compliance with the terms and procedures above – is exercised properly, Progarr provides to reimburse any sums paid by the customer for the purchase of products according to the methods and terms provided.  

6.7 In accordance with consumer protection legislation, only after Progarr has received the returned products and checked that the products meet all requirements, you will receive an e-mail that the returned products have been accepted and Progarr will reimburse the amount owed you. Whatever form of payment you used (credit/debit card, PayPal, cash on delivery), the refund procedure will start within: fourteen (14) calendar days of the day we receive the returned products.

 6.8 Should you decide to exercise your right to return purchased products, please take reasonable care of the products. Progarr has the right to not accept returned and/or make a claim against you if you do not take reasonable care of the products, for example, where products are returned that have been altered from their original status, used or damaged. You will be notified if the returned products cannot be accepted. In this case, you may choose to have the products delivered to you by Progarr. If you refuse the above delivery, Progarr reserves the right to retain the products and the amount paid for your purchase of the products.
You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products.

7. Refund Times and Procedures

7.1 In accordance with consumer protection legislation, only after Progarr has received the returned products and checked that the products meet all requirements, you will receive an e-mail that the returned products have been accepted and Progarr will reimburse the amount owed you, in the same method of payment you have used. After check, if the products don’t meet all requirements, Progarr will notify you, via e-mail, the proven existence of a decrease in the value of the returned products, resulting from failure to comply explicated in the previous paragraph 6.5. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products.

 7.2  Whatever form of payment you used (credit/debit card, PayPal, cash on delivery), the refund procedure, partial or full, will start within fourteen (14) calendar days of the day we receive the returned products, upon verification of the correct execution of your right of withdrawal and after check of the returned products.

  7.3 We will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise. If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by Progarr to the individual who made the payment.

8. Privacy

8.1 You will find information on how we process your personal data by clicking on Privacy Policy and Cookie Policy

8.2 For further information on our Privacy Policy or Cookie Policy you can contact us at progarrcustomerservice@protonmail.com or at our registered offices located in Corso VI Aprile 80 – Angolo Piazza Ciullo – 91011 Alcamo, Italy.

9. Governing Law

9.1  These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce.

  9.2 This agreement is governed by the Italian law, for both substantive and procedural rules. The parties agree that, in the event of a dispute arising under or in connection with this agreement following or in application of this agreement, and if no amicable settlements were reached, the competent jurisdiction will be the courts of the registered office of Progarr, notwithstanding the case of plurality of defendants, or emergency procedure.

Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr
 

10. Amendments and updates

The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons.