These General Conditions of Sale are drawn up in compliance with the legislative provisions of the Italian Civil Code, Legislative Decree n. 70/2014 on information society services and electronic commerce, the Consumer Code and governing the offer and sale of products through POGGIANTI 1958 SRL.
The products marketed on POGGIANTI 1958 SRL are sold directly by Poggianti Camice based in Peccioli (PI), Quinto Viale, 9 / A – Loc. La Fila 56037, C.F. and VAT number 02094740509.
SCOPE OF APPLICATION
The General Conditions of Sale apply and govern all sales contracts concluded through the Seller’s Site, as identified above.
The General Conditions of Sale may be subject to changes and each User is required to consult them before proceeding with any purchase. It is the User’s responsibility to check the General Conditions of Sale before submitting the order.
The Seller is never responsible for the supply of “Poggianti” branded products by third parties present on the Site through links, banners or hypertext links. Before confirming third party orders, the User is required to check the Conditions of Sale.
The General Conditions of Sale apply regardless of the nationality of the User, provided that the delivery of the products must take place in one of the countries for which the Site provides the online sales service that said country corresponds to that of registration of the ‘User.
The purchase of products on the Site is reserved exclusively for individuals who act as consumers and who are over the age of 18.
By consumer we mean any natural person who acts for purposes unrelated to any commercial, entrepreneurial, craft and professional activity carried out.
The sales system of POGGIANTI 1958 SRL, as an online seller, does not require the issuance of the invoice (nor of the receipt or receipt) to a consumer (not holder of a VAT number), according to art. 22 of the Decree of the President of the Republic dated 26/10/1972 n. 633 and article 2, letter o) of Presidential Decree 21 December 1996, n. 696 (as confirmed by Resolution no. 274 / E of 5 November 2009). The request to issue the invoice is possible no later than the time of placing the order pursuant to art. 22 Presidential Decree 633/1972.
CONCLUSION OF THE CONTRACT
If the User does not agree with one or more terms contained in these General Conditions of Sale, please refrain from making purchases on the Site.
To proceed with the online purchase of one or more products, the User must first register on the Site, providing the Seller, in compliance with the provisions on the protection of personal data, all the data necessary to allow the latter to execute the orders placed.
To conclude his purchase contract, the User must transmit his order by following the procedure referred to on the Site. The electronic sending of the order gives rise to the obligation of the User to pay the indicated price.
To complete the purchase, the User is required to confirm payment of the price of the products placed in the cart. Orders that do not post the corresponding transaction are automatically canceled.
When the User places an order, he will receive an e-mail containing the confirmation of receipt of the order and the summary of the same: this communication will not however constitute automatic acceptance of the order.
The Seller reserves the right to refuse orders that are incomplete and incorrect or of users with whom there is a dispute regarding the payment of a previous order.
In such cases, the User will receive the specifically motivated rejection of the order by e-mail.
If the products presented on the Site are no longer available at the time of the last access to the Site or from the sending of the order, it will be the Seller’s responsibility to notify the User, within 5 days from the day following that on which the order, the unavailability of the ordered product. In the event of payment, the Seller will refund the price without being required to pay any further compensation.
The User can, at any time, monitor the status of their order by consulting the Customer Service via the appropriate link / section or by accessing their personal area.
The products offered for sale through the Site are items of clothing and accessories for men and women, present in the online catalog at the time of the order.
The product catalog can be updated and modified periodically therefore the permanence of a product among those available online is not guaranteed.
Each product is presented by a descriptive card where all the essential characteristics are reported; the images and colors of the products offered for sale may not exactly correspond to the real ones due to the settings of the computer systems used by the User to view the Site. The images of the products must, therefore, be considered indicative and are subject to the normal usage tolerances.
All sales prices of the products indicated on the Site include VAT, if applicable based on the country of shipment of the products and any other taxes that may be applicable to the sale.
Product prices may be subject to updates and variations. The User is required to ascertain the final sale price before submitting the related order. The obvious material error reported in the price on the Site with respect to the commonly known price of the chosen product entails the Seller’s right not to confirm the shipment and to proceed with the immediate refund of the purchase value paid by the User without the latter being able to make exceptions in merit.
For the payment of the price of the products and the related shipping and delivery costs, if any, the User can follow one of the methods indicated in the order form.
In case of payment by credit card, the payment procedure will take place via a secure connection connected directly to the bank that owns the online payment service to which third parties cannot have access. In particular, financial information (e.g. credit / debit card number, expiration date) will be forwarded via encrypted protocol, which provide the related remote electronic payment services, without third parties having access. This information will never be used and / or stored in any format (including electronic) by the Seller.
The amount of the order will be charged on the day of shipment, without prejudice to the User’s right to have the amount re-credited in the event of non-fulfillment by the Seller or failure to execute the contract for any reason.
The User is solely responsible for the data entered, therefore he guarantees to use only credit / debit cards for which he has legitimate availability.
The products are delivered, via agreed couriers, directly to the User at the shipping address specified in the order.
By filling in the personal data sheet in the registration procedure necessary to activate the process for the execution of this contract and further communications, the User authorizes the Seller to communicate the personal data to the couriers and / or trusted shippers used for the delivery of the products purchased in order to allow the procedures necessary for their delivery.
The Seller will do everything possible to process the order sent within 2 working days and in any case no later than 30 days from the day following that on which the User sent the order.
Delivery times include working days only and do not include holidays.
The Site allows you to request the delivery of the ordered products to an address other than the User’s own on the condition that it is included in the User’s country of residence indicated at login; in any case, it is the User’s responsibility to indicate all the references necessary for the successful completion of the delivery.
It is never possible to collect the products purchased through the Site directly from the Seller’s warehouse.
The costs and types of shipping provided may vary depending on the country and the shipping methods chosen by the User.
These expenses and any additional costs are charged to the User. The relative amount will be expressly and separately indicated in the order summary, before the User proceeds with the transmission of the same, as well as in the order confirmation e-mail.
Both in Italy and abroad, the delivery procedure provides that, in the absence of the recipient at the time of the courier’s access, the person in charge will leave a notice, in order to subsequently complete the shipment, in which the contact details will be indicated. contact to arrange the second delivery. In case of no agreement for the second delivery, the package will remain in storage at the courier’s warehouse and it will be the User’s responsibility to collect it.
In case of failure to collect within 4 days, the package will be returned to the Seller. In this case, the contract must be considered terminated pursuant to art. 1456 of the Italian Civil Code, with notification from the Seller sent by e-mail to the User and therefore the order will be canceled.
The User always has the possibility to check the status of their order through the appropriate link by entering the number of their order or through their personal area.
The order must be made directly from the site of the country where it will be delivered. Orders placed from the Site in a country other than the one of destination, or to an address not accepted by the courier, will be automatically canceled.
It is strictly forbidden for minors to place an order on the Site.
The data entered during the purchase phase must be exclusively their own real personal data and not those of third parties, or of fantasy. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
The User releases the Seller from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the User, being himself solely responsible for the correct entry.
Upon receipt of the products, the User is required to verify the conformity of the same in relation to the order. In particular, he must pay attention to the correspondence between the number of packages indicated on the carrier’s letter and those delivered and the integrity of the package.
Any anomalies (e.g. tampering, damage) must be specified in writing directly in the courier’s transport document and the User must refuse delivery.
At the same time, the User is required to report the fact to the Seller’s Customer Service through the appropriate link.
If the User accepts the delivery of tampered or damaged products, he will lose the legal guarantee of conformity of the products.
The Seller assumes no responsibility for inefficiencies attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes, earthquakes and other events that prevent, in whole or in part, the execution of the contract within the agreed time.
The Seller will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the customer is only entitled to a refund of the price paid.
Likewise, the Seller is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the products. In fact, at no time during the purchase procedure, the Seller is able to know the User’s credit card number which, by opening a secure connection, is transmitted directly to the banking service manager.
RIGHT OF WITHDRAWAL
- Non-personalized products
The User can exercise the right of withdrawal and return the product received, without specifying the reason, in compliance with the terms and conditions set out below.
The User can always make the return request directly from the Site, by filling in and submitting the contact form to Customer Service.
The products must be returned intact, undamaged and provided with the bar code and any other seal that is part of the products; products that are returned incomplete, ruined, damaged, deteriorated will not be refunded.
The products to be returned must be delivered to the shipper within 14 days from the User’s communication to the Seller of their intention to withdraw from the contract.
The costs of returning the products will be borne by the user.
After the return of the products, the Seller will make the necessary checks relating to their compliance with the conditions and terms indicated therein.
If the right of withdrawal is correctly exercised, the Seller will refund any sums already collected by the User for the purchase of the products, excluding shipping costs and any cash on delivery costs.
Whatever the payment method used by the User, the refund is activated by the Seller as quickly as possible and in any case within 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal, after verifying the correct execution of the same and verification of the returned products.
The Seller reimburses using the same payment method used by the User for the purchase of the returned products, even if a virtual and / or disposable credit card has been used. The Seller will not be able in any way to make a refund on a credit card other than the one used for the purchase, except in the case in which the card itself has expired in the meantime or has been stolen: in this case the User can send contact Customer Service at +39 0587629277 to agree on the most appropriate means of reimbursement.
- Personalized products
For these reasons, art. 59 of the Consumer Code, among other exceptions, provides that the right of withdrawal is excluded in relation to the “supply of goods made to measure or clearly personalized”.
Pursuant to the law, the Seller is obliged to deliver to the User goods that comply with the sales contract and the Seller is liable for any lack of conformity of the products existing at the time of delivery or which occur within two years of delivery.
For the purposes of the validity of the above guarantee, the User must report the lack of conformity to the Seller within two months of discovery, under penalty of forfeiture, by contacting Customer Service via the appropriate link. The report must contain an accurate and complete description of the alleged defects and faults.
Customer Service will notify the User of the instructions for returning the defective product which will be at the Seller’s expense.
The User will have the right to request the termination of the contract and the return of the amount paid or, alternatively, the replacement of the product. In the event of a slight defect / defect, the User will only have the right to replace the product.
In any case, lack of conformity resulting from damage due to accidental events or the responsibility of the User for use not in accordance with the intended use of the product are excluded from the legal guarantee.
Any dispute relating to the application, execution, interpretation and violation of sales contracts entered into through the Site is subject to Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
In any case, any rights attributed to the Consumer by mandatory provisions of law in force in the State of residence or domicile of the latter will be reserved.
CHANGES AND UPDATES
The Seller reserves the right to modify the Site, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with legal or regulatory provisions. The User who accesses the Site and places an order will adhere to the policies and terms of the General Conditions of Sale from time to time in force at the time the order is placed, unless any changes have retroactive effect under the applicable law. . If one of these provisions is deemed invalid, null or inapplicable, this condition will not affect the validity and effectiveness of the other provisions.
CUSTOMER SERVICE AND COMMUNICATIONS
The User can request any information through customer service by contacting the following address: +39 0587629277 .