|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.|
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.
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.
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.
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.|
An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order’s information has been verified as correct.
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.
The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section calledMy Ordersin the Customer Care Area.
Before submitting the order form, you will be asked to identify and correct possible input errors.
English is the language used for executing contracts with Vendor.
After your order form has been submitted, the Vendor will process your order.
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 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.
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.
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). For Switzerland and Norway only: Please note that all and any item price is provided without duties, taxes or fees that you may need to pay to local authorities to receive the merchandise. Please note as well that due to fluctuations in exchange rates and merchandise components the Vendor will not be able to provide you in advance with information on the amount of duties and taxes that may be owed to local authorities. These amounts should be considered above and beyond the total of the order.
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.|
The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
The main characteristics of products are shown on pomellato.com on each product page. The products offered for sale on pomellato.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
Prices are subject to change. Check the final price of sale before sending the relevant order form.
Purchase orders from Countries not included among those displayed on the splash page cannot be accepted by the Vendor.
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.
Customs and Duties – Switzerland and Norway only
|The following section applies exclusively to orders placed on the Switzerland and Norway sites of pomellato.com|
Upon arrival in your Country the contents of your order may likely be subject to Customs fees (taxes, duties, processing fees, brokerage fees, etc.), which are responsibility of the person(s) receiving the order. These fees are not under the Vendor's control. For this reason we recommend you verify with your local Customs office before you place an order. The Vendor is unable to estimate customs fees, taxes, duties, etc. so please contact your local authorities or Customs office for detailed information.
Both the item prices as well as the shipping charges you pay to the Vendor do NOT include Customs fees, import taxes, brokerage fees, or duties.
Should you refuse your order at the time of arrival or should you refuse to pay the Customs fees when your order arrives, the shipment will be returned to the Vendor and we will be charged the customs fees plus return shipping costs. If you receive your order and accept to pay the Customs fees upon delivery, the Vendor will not issue refunds for the same in case of return of the purchased products.
Customs processing may delay the delivery of your order. Should you experience such delays please check with your local Customs offices. The invoice for the Customs fees could arrive weeks after you receive your order, separately from the same.
|5.1||Payment of the product prices and relevant shipping costs must be made by using one of the procedures indicated on the order form.|
|5.2||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.|
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.|
|Please contact our Customer Care for further information: click here to contact Customer Care.|
|8.1||You may return products purchased from Us, without any penalty and without specifying the reason, within fifteen (15) days from receiving the products purchased on pomellato.com.|
|8.2||To withdraw from the contract you may use Return Form (per the standard form pursuant to Art. 49, subsection 4 of the Consumer Code), filling out the form and transmitting it directly online through pomellato.com, or you may draft and send the Vendor another declaration explicitly stating your decision to withdraw from the contract. Should you choose to use the Return Form to be sent directly online through pomellato.com, the Vendor will send you an e-mail confirming receipt of the return request. Should you conversely choose to send another withdrawal declaration, you will be responsible for proving that you exercised your withdrawal right in a correct, timely manner.|
Once you have exercised your right to withdraw from the contract, it is necessary to return the items to the Vendor by giving them back to the courier within fourteen (14) days from the date on which you informed the Vendor of your decision to withdraw from the contract.
The only costs at your own expense are those for return shipping, unless the Vendor expressly exempt you from those costs at the time of purchase, and on the further condition that you use the shipping agent indicated by the Vendor in the Return Form.
Should you decide to use the courier indicated by pomellato.com in the online Return Form, pomellato.com will pay for the return shipping costs for you and will relieve you from direct payment to the courier. pomellato.com will withhold a flat rate as payment for the return shipping, which will correspond to the original costs paid for the shipping and delivery of the order. The Vendor’s payment of the refund will in fact be a flat rate reimbursement equal to the cost of standard shipping for the purchased products. Additionally by using this courier indicated by pomellato.com in the online Return Form, the Vendor relieves you from any responsibility for any loss or damage to the products during transport.
If you decide to use a different shipping method from the one indicated by the Seller in the Return Form, you will have to directly take care of the return shipping payment, at your own expense. In this case, you will also be reimbursed an amount that is equivalent to the cost of standard shipping of the products acquired, although you will not be reimbursed for any additional costs you have incurred for having chosen a different and/or faster type of shipping and delivery than the standard method. In this case, you will still be able to responsible in case of loss or damage to the products during transport that is due to your negligent choice of carrier and/or shipping methods.
The return right - besides compliance with the terms and procedures described at par. 8.1, 8.2 and 8.3 above - shall be deemed correctly exercised once the following conditions have been fully met:
a. Return Form transmitted directly online through pomellato.com or another declaration explicitly stating your decision to withdraw from the contract must be correctly completed and signed and sent to the Vendor within fifteen (14) days from receiving the products;
b. the products must not be used, worn or washed;
c. the identification tag should be included with the products;
d. products must be returned in their original packaging;
e. returned products must be delivered to the shipping agent within fourteen (14) days of when you have informed the Vendor of your decision to withdraw from the contract;
f. products must not be damaged.
If the terms and conditions for exercising your right to withdraw from the contract, as per points a), e) and f) of paragraph 8.7 above, are not complied with, you will not have the right to be reimbursed the amounts already paid to the Vendor. Within 14 days of the email communicating the non-acceptance of the withdrawal being sent, you may choose to re-obtain, at your own expense, the products in the state in which they were returned to the Vendor, through a written exchange with the Vendor according to the instructions that will be provided. If not, the Vendor may keep the products, in addition to the sum already paid for their acquisition.
Whenever the conditions indicated in letters b), c) and d) of previous paragraph 8.7 are not respected, you will not be entitled to a full refund of the amounts already paid to the Vendor. You will indeed be responsible for the decrease in value of the returned products, following a use other than the one authorized by the Vendor with the intent of allowing you to assess the nature, features and functioning of the products themselves. In this case, between 10 and 90 percent of the amounts you paid to the Vendor to purchase the returned products will be deducted from the provided refund, whereby you will be specifically informed, via e-mail, by the Vendor. Within 14 days of sending the e-mail informing you of the amount deducted from the refund, you may choose to have the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor, informing the Vendor thereof according to the procedures of which you will be advised. Otherwise, the Vendor may retain the products and an amount corresponding to the percent deducted from the refund. After the return of the products, the Vendor shall check their compliance with the terms and conditions laid down in paragraph 8. In the event that the outcome of these checks is positive, the Vendor shall send you the corresponding email confirmation of the acceptance of the returned products. In the event that the checks do not have a positive outcome, the Vendor takes steps to inform you, via e-mail, that a decrease in value of the returned products has been detected, deriving from your failure to comply with the conditions indicated in letters b), c) and d) of paragraph 8.7 above. The Vendor simultaneously sees to it that you are also informed of the amount that will be deducted from the amounts you paid to purchase the returned products; without prejudice, in the alternative, to the possibility of your having the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor, pursuant to the terms provided for in paragraph 8.10.
If the return right is exercised in conformity with the provisions set forth in this section, pomellato.com shall refund the amounts paid for the returned products according to the methods and times of our standard refund procedure. If the recipient of the products indicated in the order form and the person that has paid the sums due for their acquisition are not the same, the reimbursement of the sums, in the event of the right of withdrawal being exercised, shall be made by the Vendor, in all cases, to the person that made the payment.
The refund procedure will be initiated by pomellato.com within fourteen (14) days from when pomellato.com was informed of your decision to return. The procedure will begin after checking to ensure that the customer's return is in accordance with the Return Policy and that the returned products have been accepted as indicated in par. 8.
Should the terms and conditions for exercising your right of withdrawal, as indicated in letters a), e) and f) of paragraph 8 above not be respected, you will not be entitled to any refund of sums already paid to the Vendor. Within 14 days of sending the e-mail whereby you are informed of the non-acceptance of the return, you may opt to be redelivered the products, at your expense, and in the condition in which they were returned to the Vendor, providing notice thereof to said Vendor, according to the procedures of which you will be informed. Otherwise, the Vendor may retain the products, in addition to the amounts already paid for their purchase.
Should the terms and conditions indicated in letters b), c) and d) of previous paragraph 8.7 not be respected, you will not be entitled to a full refund of the amounts already paid to the Vendor. You will in fact be responsible for the decrease in value of the products returned, as a result of a use other than the one authorized by the Vendor with the intent of allowing you to assess the nature, features and functioning of the products themselves. In this case, between 10 and 90 percent of the amounts you paid to the Vendor to purchase the returned products will be deducted from the refund, of which you will be specifically informed, via e-mail, by the Vendor. Within 14 days of sending the e-mail informing you of the amount deducted from the refund, you may opt to be redelivered, at your expense, the products in the condition in which they were returned to the Vendor, providing notice thereof to the Vendor, according to the methods of which you will be informed. Otherwise, the Vendor may retain the products and an amount which corresponds to the percent deducted from the refund.
Refund Times and Procedures
|9.1 || |
After the products have been returned, We shall check the conformity of the products with the conditions indicated in section 8 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. In the event that the checks do not have a positive outcome, the Vendor will take measures to inform you, via e-mail, that a decrease in value of the returned products has been detected, which derives from your failure to comply with the conditions indicated in letters b), c) and d) of paragraph 8.3 above. The Vendor simultaneously sees to it that you are also informed of the amount that will be deducted from the amounts you paid to purchase the returned products; without prejudice, in the alternative, to your being able to have the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor, as provided for in paragraph 8.10 above.
|9.2||Whatever payment type you used, the full or partial refund procedure shall be started by the Vendor within fourteen (14) 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.|
The Vendor issues the refund using the same payment method you used to purchase the returned products, unless you have expressly agreed with the Vendor to use another payment method, and on the condition that you must not incur any further cost as a result of the refund. 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.
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.
The Vendor has chosen TNT (www.tnt.com) as the Vendor's official package delivery company for returning products purchased on pomellato.com. You may return products to pomellato.com without having to pay for return shipping costs by using the pre-printed TNT label enclosed in original order. According to the terms and conditions stated in our Return Policy, this option allows pomellato.com to pay the return shipping costs for you and will relieve you from direct payment to the courier. Additionally by using TNT, the Vendor relieves you from any responsibility for any loss or damage to the products during transport.
If you decide to return products using a different shipping company other than the one indicated by the Vendor, you will have to pay the return shipping costs upfront and you will be responsible for any loss or damage to the products during transit, according to the terms and procedures stated in our Return Policy.
|10.2 ||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.|
|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
|12.||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.|
|Prices displayed on the pomellato.com website are quoted in Euro. While we try to ensure that all prices on our website are accurate, errors may occur.|
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