Terms & Conditions

Last updated: 01/27/2025

The present terms and conditions of sale are entered into, on the one hand, by PENSATO SARL, with a share capital of €146,000, whose registered office is located at 2 Blvd d’Italie, 98000 Monaco, MONACO, and registered with the Trade and Companies Register of Monaco under number 11S05600 (hereinafter referred to as “PENSATO SARL”), and on the other hand, by any natural person (hereinafter referred to as the “Buyer” or the “Buyers”) wishing to make a purchase via PENSATO SARL’s website, accessible at https://pensato.com/ (hereinafter referred to as the “Website”).

Purpose
The purpose of these general terms and conditions of sale (hereinafter referred to as “GTC”) is to define the contractual relationship between PENSATO SARL and the Buyer and the conditions applicable to any purchase made through the Website.

Purchasing a product through the Website implies the Buyer’s unconditional acceptance of these GTC by checking a box during the ordering process.

These terms and conditions of sale take precedence over any other general or specific conditions not expressly agreed to by PENSATO SARL.

PENSATO SARL reserves the right to modify these GTC at any time. In such a case, the applicable conditions will be those in effect on the date of the Buyer’s order.

CHARACTERISTICS OF THE GOODS OFFERED
The products available for purchase are those listed in the catalog published on the Website, subject to stock availability. The photographs in the catalog are as accurate as possible but cannot guarantee perfect resemblance to the product, particularly concerning colors.

PRICES
The prices listed on the Website are inclusive of all taxes (TTC) in euros, reflecting the applicable VAT rate on the day of the order. Any change in the VAT rate may be reflected in the product prices. PENSATO SARL reserves the right to modify its prices at any time; however, the price displayed on the Website on the day of the order will be the only price applicable to the Buyer’s order.

The listed prices include order processing fees but do not include transportation and delivery costs. Nevertheless, the Buyer will have access to a summary of all applicable costs before finalizing their order.

GEOGRAPHICAL DELIVERY AREA
We offer worldwide delivery. Additional shipping costs may apply and will be calculated at checkout. If delivery to a specific location is not possible for any reason, this will be indicated at checkout.

ORDERS
The Buyer who wishes to purchase a Fernando Pensato product must:

Add the selected product(s) to their cart on the Website;
Fill in the required information, including billing and shipping details; and
Pay for the order after verifying its accuracy.

Confirming the order implies acceptance of these terms and conditions of sale by checking a box, acknowledgment of full understanding, and waiver of reliance on any other purchasing terms.

All data provided and the confirmation recorded will serve as proof of the transaction. Confirmation will signify the Buyer’s agreement and acceptance of the operations carried out. PENSATO SARL will send an order confirmation by email.

ACCOUNT CREATION
To facilitate product purchases and order tracking, the Buyer has the option to create an account on the Website.

To create an account, the Buyer must provide their email address and set a password containing at least nine (9) characters.

The Buyer can access their account using their username and password and must enter all required information marked with an asterisk (*).

The Buyer agrees to provide accurate information and update it promptly in case of any changes. These details can be modified at any time through the account settings.

In case of loss, theft, or unauthorized use of the password or account, the Buyer must immediately reset their password by following the “Forgot Password?” procedure at login.

Failing to do so, PENSATO SARL cannot be held liable for any damages resulting from unauthorized use of the password or account by a third party.

PRODUCT AVAILABILITY
PENSATO SARL reserves the right to withdraw any product displayed on the Website at any time and to replace or modify any content or information featured there.

PENSATO SARL cannot be held responsible for any damages resulting from the withdrawal of a product from the Website or from the replacement or modification of any content or information.

RIGHT OF WITHDRAWAL
Any Buyer who qualifies as a consumer under the French Consumer Code has the right to withdraw from the purchase within fourteen (14) days from the date of delivery of their order.

To exercise their right of withdrawal, the Buyer may use the withdrawal form template provided in the annex and send it to contact@pensato.com.

Within this period, the consumer Buyer may return the product without penalty. Return shipping costs are the responsibility of the Buyer.

The Buyer must return the order following the instructions provided by PENSATO SARL, without undue delay, and no later than fourteen (14) days from communicating their decision to withdraw, in accordance with Article L. 221-21 of the French Consumer Code.

The refund for the order by PENSATO SARL will be processed no later than fourteen (14) days from the date the withdrawal decision is received.

However, PENSATO SARL may delay the refund until:

The product(s) have been received, or
The Buyer has provided proof of shipment, including a photo of the package before sealing and a stamped copy of the shipping receipt containing the tracking number.

The date considered by PENSATO SARL will be whichever occurs first.

Returned products will be inspected by our quality control team. Any loss or reduction in the value of the products due to unnecessary handling (e.g., a product returned without its original, unopened packaging) may be deducted from the refund.

The corresponding refund, including standard delivery charges (excluding additional costs resulting from expedited delivery options), will be made using the same payment method as the original transaction unless the consumer Buyer has expressly agreed to a different refund method.

Exceptions to the Right of Withdrawal
As an exception, if a food product purchased on the Website has been opened by the Buyer, the right of withdrawal does not apply for hygiene and health protection reasons (Article L.221-28, 5° of the French Consumer Code).

PAYMENT TERMS
The price is payable at the time of ordering. Payments are made by credit card via our secure payment provider, Lyra Collect, ensuring that the information transmitted is encrypted and cannot be accessed by third parties during its transfer over the network. The information is directly sent to our provider, who handles the debit authorizations. PENSATO SARL will not have access to this data at any time.

The Buyer’s account is automatically debited for the total amount of the products at the time of order placement. All invoices are available in the Buyer’s account or sent by email.

DELIVERY
The average delivery time is 2 to 5 business days for France and the EU, and 3 to 7 business days for international orders, following payment validation. Deliveries are made to the address provided at the time of the order and must fall within the agreed delivery area. The Buyer must take all necessary steps and provide all useful information to ensure proper delivery.

Deliveries are made to the ground floor only. Delivery times are indicative; if delivery exceeds thirty (30) days from the date of the order, the sales contract may be canceled, and the Buyer refunded.

PENSATO SARL cannot be held responsible for delivery delays or product loss if the Buyer provides incomplete or incorrect address information or fails to collect their products from the carrier within the specified time frame.

Upon receipt of the order, the Buyer must inspect the condition of the product(s), packaging, and contents in the presence of the delivery personnel.

In the case of damaged products, the Buyer must notify the carrier immediately upon delivery.

WARRANTY
All products supplied by PENSATO SARL come with the legal warranty provided under Articles 1641 and following of the French Civil Code. If a product sold is non-compliant, it can be returned to PENSATO SARL for replacement, exchange, or refund.

All claims, exchanges, or refund requests must be made in writing to the following address within thirty (30) days of delivery:
PENSATO SARL
2 Blvd d’Italie, 98000
Monaco, MONACO

The consumer has two (2) years from the delivery date to invoke the legal warranty of conformity in the event of a defect. During this period, the consumer must only prove the existence of the defect and not the date it appeared.

If the sales contract involves the supply of digital content or services for a period exceeding two years, the legal warranty applies throughout the supply period. During this time, the consumer must only prove the existence of the defect in the digital content or service, not the date it appeared.

The legal warranty of conformity obliges the seller to provide all necessary updates to maintain the product's compliance.

The consumer has the right to have the product repaired or replaced within thirty days of their request, free of charge and without significant inconvenience.

If the product is repaired under the legal warranty, the initial warranty is extended by six months. If the consumer requests repair but the seller opts for replacement, the legal warranty is renewed for two years from the replacement date.

The consumer may request a price reduction or terminate the contract and receive a full refund if:

The seller refuses to repair or replace the product.
The repair or replacement exceeds thirty days.
The repair or replacement causes significant inconvenience to the consumer (e.g., the consumer incurs permanent return costs or reinstallation costs).
The defect persists despite the seller's repair attempt.

If the defect is severe enough to warrant immediate termination or price reduction, the consumer is not required to first request repair or replacement.

The consumer may not terminate the sale if the defect is minor.

Any period during which the product is immobilized for repair or replacement suspends the warranty period until the product is returned to service.

The above rights are based on Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs the legal warranty in bad faith may face a civil fine of up to €300,000 or 10% of their average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code for two (2) years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the product is retained or a full refund if the product is returned.

LIABILITY
PENSATO SARL cannot be held liable for the non-performance or improper performance of these GTC in cases of:
(i) Force majeure,
(ii) An event attributable to the Buyer, or
(iii) Any unforeseen and insurmountable inconvenience or damage caused by a third party, including but not limited to issues arising from the use of the Internet, such as data loss, intrusion, viruses, service interruptions, or other unintentional damages.

INTELLECTUAL PROPERTY
All elements of the Website, including but not limited to text, graphics, sound, video, software, databases, logos, data, trademarks, animations, or any other materials that make up the Website, are and remain the intellectual property and exclusive ownership of PENSATO SARL.

No one is authorized to reproduce, exploit, redistribute, or use any part of the Website, whether software, visual, or audio, for any purpose, even partially.

The use of the Website or the creation of an account does not grant Buyers or visitors any rights over the intellectual property elements mentioned above.

PERSONAL DATA
The Buyer's personal data is processed in compliance with personal data protection regulations as described in the Privacy Policy.

FORCE MAJEURE
In the event of a force majeure event preventing the execution of these GTC, PENSATO SARL will notify the Buyer within fifteen (15) days of the occurrence of the event, via email or registered letter with acknowledgment of receipt.

All obligations of the parties are suspended for the duration of the force majeure event without compensation. If the event lasts for more than three (3) months, the transaction may be terminated at the request of PENSATO SARL or the Buyer without compensation on either side.

ARCHIVING – EVIDENCE
PENSATO SARL will archive order forms and invoices on a reliable and durable medium that constitutes a true copy in accordance with Article 1379 of the French Civil Code.

The computerized records of PENSATO SARL will be considered by the parties as proof of communications, orders, payments, and transactions made between the parties.

All information, content, and elements exchanged electronically between the Buyer and PENSATO SARL constitute valid, admissible, reliable, and enforceable evidence with the same probative value as a signed private contract, unless proven otherwise.

The absence of an electronic signature or written document cannot be used to challenge the validity or probative value of exchanges, transactions, and communications between the Buyer and PENSATO SARL.

By accepting these GTC, the Buyer acknowledges and agrees to the validity of this evidence agreement.

CONTACT INFORMATION
For any questions regarding an order, you can contact us:

By email: contact@pensato.com
By mail: PENSATO SARL, 2 Blvd d’Italie, 98000 Monaco, MONACO
By phone: +377 99 90 52 90 (non-premium number), Monday to Friday, 9 AM to 5 PM.

DISPUTE RESOLUTION
These GTC are governed by French law.

SHIPPING COSTS
Shipping costs depend on the delivery area and the weight of the package. These costs will be displayed in the order summary before checkout.

APPENDIX: Withdrawal Form for Consumer Buyers

To the attention of PENSATO SARL, contact@pensato.com

I hereby notify you of my withdrawal from the contract relating to the sale of the following goods:

Product(s) identification:
Ordered on: ……………..(order date)
Received on: ……………..(delivery date)

Your full name:
Your address:
Your order number:
Date: