Terms and Conditions of Sale


The following General Terms and Conditions of Sale govern the offer and sale of products on our web site ("pomellato.com"). The products purchased on pomellato.com are directly sold by YOOX NET-A-PORTER GROUP S.p.A. ("YOOX NET-A-PORTER GROUP"). YOOX NET-A-PORTER GROUP S.p.A. is registered with the Companies' Register of Milan under no. 408666, Tax Code and VAT no. IT02050461207. YOOX NET-A-PORTER GROUP's registered office in Italy is located at via Morimondo, 17 – Milano 20143 (hereinafter referred to as "the Vendor" or "We" or "Us"). Requests for information should be made through our Customer Care: click here to contact Customer Care.

If you need any assistance, go to the Customer Care Area, where you will find  information on orders, shipping, complaint handling, refunds and returning products purchased on pomellato.com, as well as and other general information on the services provided by pomellato.com.
For any other legal information, go to the sections: General Terms and Conditions of Use, Privacy Policy and Return Form.


1. Our Business Policy
1.1
The Vendor offers products for sale on pomellato.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".

1.2
 
"Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on pomellato.com.

1.3

 

The Vendor reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with the Vendor's business policy.

1.4

 

These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on pomellato.com between the users of pomellato.com and the Vendor.

1.5

 

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 pomellato.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, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of pomellato.com and third parties.


2.


 


How to Execute a Contract with the Vendor
2.1

 
In order to place an order for the purchase of one or more products on pomellato.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
2.2
 
The order form contains a summary of these General Terms and Conditions of Sale, information on the main characteristics of each product ordered and corresponding 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 and delivery costs and the terms and conditions for returning purchased products.

2.3

 

An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.

2.4

 

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.

2.5

 

The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Order, in the Customer Care AreaA>

2.6

 

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

2.7

 

English is the language used for executing contracts with the Vendor.

2.8

 

After your order form has been submitted, the Vendor will process your order.

2.9

 

The Vendor 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 the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on pomellato.com are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor has received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.

2.10

 

By submitting an order form to and making a contract with the Vendor, 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 on pomellato.com.

2.11

 

By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on pomellato.com, even through links, including the General Terms and Conditions of Use and Privacy Policy.

2.12

 

Upon submission of an order form, the Vendor shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).


3.
 

Guarantees and Product Price Indication
3.1
On pomellato.com, we only offer products marked with the "Pomellato" trademark. These products are purchased by us directly from the fashion house and/or the manufacturer authorised by the fashion house.

3.2

The Vendor 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 pomellato.com on each product page. The products offered for sale on pomellato.commay not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.

3.4

 

Prices are subject to change. Check the final price of sale before sending the relevant order form.

3.5

 

Orders made from a Country site different from the one you are shipping to, or to addresses to which the Vendor cannot ship, will be automatically cancelled.

3.6

 

Should you decide to exercise your right to return purchased products, the Vendor has the right to not accept returned products that have been altered from their original status or damaged.


4.


Payments
4.1
 
Payment of the product prices and relevant shipping costs must be made by using one of the procedures indicated on the order form.
4.2

In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Banca Sella or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor 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 corresponding shipping costs, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.

 

5. Shipping and Delivery of the Products


 
For specific product shipping and delivery procedures see the Customer Care Area. 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.


6.


 


Customer Care


 
Please contact our Customer Care for further information: click here to contact Customer Care.
7. Returns
7.1
 
You may return products purchased from Us, without any penalty and without specifying the reason, within fourteen (14) calendar days from receiving the products purchased on pomellato.com.

7.2

 

To return products we invite you to complete the onlineReturn Form before shipping your return package to us.

7.3

 

It is necessary to return the items to the Vendor by giving them back to the courier within fourteen (14) calendar days from the date on which the items are delivered to you.

7.4

The return right - besides compliance with the terms and procedures described at par. 7.1, 7.2, 7.3 and 7.4 above - shall be deemed correctly exercised once the following conditions have been fully met:

  • we invite you to correctly fill in and submit the online Return Form;
  • the products must not have been used, worn, washed or damaged;
  • the products must be returned in their original packaging;
  • the returned products must be sent to the Vendor in a single delivery. We reserve the right not to accept products belonging to a single order returned and delivered at different times;
  • return items must be shipped back to Us fourteen (14) calendar days from the date the package was delivered to you.

7.5

 
If the return right is exercised in conformity with the provisions set forth in this section, We shall refund the amount paid for the returned products.
7.6
 
The Vendor shall refund the amount already paid for the purchase of products and the shipping costs of their delivery to you if the products are returned for reasons that may be due to the Vendor, such as when the products do not have the promised essential characteristics, have manufacturing defects or they have been erroneously delivered.

7.7

 

The Vendor shall refund amounts already paid as soon as possible and in any case within fourteen (14) calendar days from the date on which We became aware of your decision to exercise your return right. After having confirmed that the terms and conditions stated above have been duly complied with, We will promptly start the refund procedure as indicated in section 8.

7.8

 

In the event that your return does not comply with the terms and conditions set out in section 7 of these General Terms and Conditions of Sale, you will not be entitled to any refund of the amount already paid to the Vendor; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to the Vendor. If you do not wish to receive the products in the conditions in which they were sent back to the Vendor, We shall be entitled to keep the products and withhold the amount already received.


8.


 


Refund Times and Procedures
8.1

 
After the products have been returned, We shall check the conformity of the products with the conditions indicated in section 7 above. When the Vendor is able to confirm that such conditions have been met, We shall send you an e-mail confirming the acceptance of the returned products.

8.2
 
Whatever payment type you used, the refund procedure shall be started by the Vendor within fourteen (14) calendar days from when the Vendor was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned products have been accepted.

8.3

 

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 the Vendor to the individual who made the payment.

8.4

 

The value date for the credit shall be the same as the value date of the original debit and consequently you shall not lose bank interest.

8.5

 


The Vendor has chosen TNT (which can be contacted through www.tnt.com) as the Vendor's official package delivery company for returning products purchased on pomellato.com. You may return products to the Vendor through TNT by using the pre-printed label enclosed in the package in which the products were delivered. This enables the Vendor to pay for the shipping costs and track the package at any time.


8.6

 

If you decide to return products using a different shipping company other than the one indicated by the Vendor, the Vendor will not be responsible for the shipping costs or for any loss or damage to the products.


9.


 


Privacy
9.1

You will find information on how we process your personal data by clicking onPrivacy Policy.

9.2 You are advised to read, if you haven't already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of pomellato.com.

9.3


 

For further information on ourPrivacy Policy you can contact our Customer Care and select ‘Privacy’ as the subject in the appropriate form or at Vendor’s registered offices located in via Morimondo, 17 – Milano 20143, Italy.


10.


 


Governing Law



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

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

11.   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. The new General Terms and Conditions of Sale shall be effective as of the date of publication on pomellato.com.
12.   Pricing
 

 
Prices displayed on the pomellato.com website are quoted in pounds. While we try to ensure that all prices on our website are accurate, errors may occur.


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