- These general terms and conditions of sale (“General Terms”) will govern your purchases of Pomellato products (“Products”) through the website www.pomellato.com (“Website”), a domain name owned by Pomellato S.p.A., a company incorporated under the laws of Italy with a share capital of Euro 5.148.000, registered with the Milan Trade and Corporate Register under unique identification number 00860690155 and with registered office at via Neera 37, 20141 Milan - Italy (“Pomellato”, “we”, “us”, “our”). In these General Terms the words “you” “your” refer to the consumer who purchases the Products through the Website.
- Products that you purchase via the Website will be sold to you by Supplies Distributors SA, a Belgian company registered under number 0475.286.142, having its registered address at 6, rue du Trilogiport, 4681 Hermalle-Sous-Argenteau, Belgium (“SDSA”) in its own name, as a business partner of Pomellato. Your purchases of any Products via the Website will be governed by these General Terms (“Contract”).
- The sale of Products under these General Terms is only available to consumers, meaning natural persons who act for purposes of personal consumption (i.e. for purposes extraneous to their trade, business, craft and profession and not for profit), who have reached the age of majority and have full legal capacity to enter into a Contract in their country.
- We reserve the right to amend or update all or part of these General Terms from time to time, without notice. We will always post the most current version of these General Terms on the Website and display the ”Last Updated” date to reflect the date of the changes as the effective date. Any change to these General Terms will only apply to orders placed on or after the effective date.
Products Information and Availability
- Information on the Products (along with the corresponding Product codes) and relevant prices are available on the Website.
- The Products available on the Website are usually a selection of items normally available in stores. However certain Products may be available exclusively online through the Website, and others may not be available, or legally sold, online. Also, some Products may not be shipped to your country. SDSA does a best effort regarding the availability of any Product you order. If the Product you ordered is not available, the Contract between you and SDSA will not be concluded with respect to said Product and such Product will not be included in the Order Acceptance email that will be sent to you
- Pictures of the Products displayed on the Website may not correspond to their actual appearance. In particular, the colors, shade, grain, texture of the Products shown on your screen may vary from those on the actual Product. Therefore, you shall rely exclusively on the description of the Products and their characteristics as mentioned on the Website.
- We reserve the right, in our sole discretion, to limit the quantities and/or types of any Products available on the Website per person, household or per order. These restrictions may include orders placed by or under the same account, the same debit/credit card and/or orders that use the same billing and/or shipping address. You cannot purchase more than two (2) identical Products per order. The maximum number of items per order is seven (7).
- We may change or discontinue a Product or any of its features, as described on the Website, at any time and without notice (this does not affect orders already placed at the time of the change). During the purchasing process, SDSA will inform you if your order cannot be processed due to the unavailability of the ordered Products.
- In the event your connection to the Website fails, your selection of Products may be lost. In such case you will be required to re-enter your selection. Please note that Products in your shopping cart are not reserved and may be purchased by other customers. In no event we and SDSA shall be liable to you for the unavailability of a Product following a failure or loss of your connection to the Website.
- Prices of Products are indicated on the Website in Euro and are inclusive of any applicable VAT, sales taxes, other taxes and duties (if applicable). Prices do not include delivery charges, which, if any, shall be added to the price of the Products and will be communicated to you during the checkout process before you confirm your order.
- We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. Occasionally, however, an error may occur, and Products may be mispriced (incorrect price or typographical error in the price shown). In this case SDSA will, at its discretion, (i) cancel the order or terminate the Contract (depending on when the error is detected) and notify you of such cancellation or termination, or (ii) contact you and ask you whether you wish to purchase the Product at the correct price.
- We reserve the right to change the Products prices at any time and without notice, but such changes will not apply to Products for which you have received an Order Acceptance.
Formation of the Contract – Placing an order
- The information about the Products and their prices that is displayed on the Website is an invitation to treat and does not represent an offer by us or by SDSA or a unilateral contract.
- To purchase Products on the Website, you must follow the instructions provided by the online purchase process: (i) include the selected Products (subject to the restrictions set forth in Section 2.4) in the shopping cart, (ii) fill in the order form with your personal information (name, address, email, telephone, delivery/billing address), (iii) select your payment method, (iv) accept these General Terms, (v) accept the ToU and (vi) place your order through the Website.
In the event you create a user account, you are responsible for maintaining the confidentiality of your password and for restricting access to your password, and you agree to accept responsibility for all activities and for each purchase that occur under your account. In the event you become aware of any misappropriation or unauthorized use of your password, you will immediately inform SDSA for any proper measures to be implemented.
- Before submitting your order, you will be given the opportunity to review your selection, check the total price and correct any errors.
- Your order constitutes a binding offer to purchase the selected Products, under these General Terms, without prejudice to your right of withdrawal under Article 8 hereto. By placing an order, you agree to pay the price of the ordered Products.
- All orders submitted by you are subject to acceptance by SDSA. Once you place your order, SDSA will acknowledge it by email (“Order Confirmation”). This Order Confirmation does not, however, mean that your order has been accepted. SDSA may choose not to accept your order for any legitimate reason, in whole or in part, without liability to you. Examples of non-acceptance of your orders are as follows:
- The Products are not available; or
- You do not comply with the eligibility conditions set out in Section 1.3; or
- You have ordered too many Products (see Section 2.4); or
- SDSA is unable to obtain authorization for your payment; or
- There is an error in the price displayed; or
- Reported or suspected, fraudulent, illegal or unauthorized activities, including suspected purchases for commercial purposes; or
- The delivery address provided by you is not a valid address; or
- You have not fulfilled your obligations deriving from a prior contract entered into with SDSA.
- The Contract between SDSA and you will only be formed when you receive from SDSA an email notification confirming shipment of your order ("Order Acceptance"). The Order Acceptance (or rejection) shall be sent to the email address provided by you in the order. The details of your accepted orders are available under “My Account - My Order” section of the Website.
- In case of unavailability of one or more ordered Products, SDSA will contact you and inform you of such unavailability. You shall pay only the price of the available Product(s).
- The Order Confirmation/Acceptance will include notably the order number, basic information on the purchased Products, an indication of the price and the shipping address. SDSA will not file an accessible copy of every version of these General Terms, but will send you an email containing the applicable General Terms for each purchase along with the Order Acceptance, for your records.
- Once you receive the Order Acceptance you can no longer cancel or modify your order unless otherwise provided in these General Terms. Dispatched Products can however be returned as set out in Article 8 below.
- From time to time we may invite you to pre-order certain selected Products on the Website before they are available to purchase from the stores or the Website (“Pre-Order Products”). The thirty (30) days delivery term set out in Section 6.3 will not apply to Pre-Order Products. An estimated delivery date for the Pre-Order Products will be communicated to you when SDSA confirms your order.
- You must pay the price of the Products (including applicable VAT, sales taxes, other taxes and duties, if applicable), the cost of any additional services you order (e.g. additional cost for personalized Products), if applicable, and the associated delivery charges, if any.
- SDSA accepts payments made in the currency specified for the country of the shipping destination with the payment methods proposed to you on the Website before you confirm your order.
- SDSA will not debit the amount due by you until:
- SDSA has confirmed availability of the Products;
- SDSA has sent you the Order Acceptance;
- SDSA has received authorization to debit your card from the card issuer; and
- your debit/credit card data has been verified.
- If your payment cannot be processed for any reason, SDSA will cancel your order and the Contract with you will end immediately, without liability to you. SDSA will inform you of this in writing.
- You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank or other payment institution as a result of SDSA’s processing of your credit/debit card payment.
- For each order, SDSA will issue an electronic invoice for the purchased Products, and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order. No alterations to the e-invoice are possible once the e-invoice has been issued.
- As the purchaser, you represent and warrant that you have legally obtained the funds used to make your purchase and that you are not engaged in any transaction designed to conceal the identity, source or destination of the funds with which you make your purchase. The Products are exclusively intended to be sold to end customers for their personal use. Consequently, you agree and warrant that you do not make your purchase in connection with any dealings or transactions with entities or individuals directly or indirectly subject to United Nations, US, UK, Switzerland or EU sanctions, to be brought back to Belarus, Russia, North Korea or Syria or otherwise inconsistent with United Nations, US, UK, Switzerland or EU sanctions.
Shipping, Delivery and Collection
- The purchased Products will be delivered exclusively in Czech Republic. The purchased Products shall be delivered by a courier service selected by SDSA (“Courier”). Products shall be delivered to the address indicated by you in the order form. SDSA is not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that SDSA will not deliver to PO Boxes, address of freight forwarders, or hotels.
- The purchased Products will be shipped out only after SDSA receives your payment in full. If SDSA does not receive your payment in full, whatever the reason, SDSA can delay or refuse dispatching the Products without liability to you.
- SDSA will take all reasonable steps to deliver the purchased Products within the estimated periods communicated to you during the checkout process before you confirm your order, except if a force majeure event, an event beyond SDSA’s reasonable control or any unforeseeable circumstance occurs. If the delivery has not occurred within thirty (30) days of the Order Acceptance, you will be entitled to cancel the Contract and SDSA shall, without undue delay, refund you all sums paid under the Contract.
- Upon delivery of the Products by the Courier, you (or the person designated by you) are required to:
Without prejudice to any more extended term to claim defectiveness of products set-forth under applicable laws, any damages to the packages and/or the Products, or discrepancies in the number of packages or documentation, or any lack of conformity or patent defects of the Products must be immediately mentioned in writing on the Courier’s delivery note. To the extent permitted under applicable laws, once you’ve signed the Courier’s delivery note, you may no longer make a claim with respect to the delivered packages, provided that you are entitled to subsequently make a claim in relation to the manufacturing defects of the Products as set forth in Article 9 below.
- verify that the number of packages delivered corresponds to that indicated on the delivery note;
- verify that the packages and their seals are intact, undamaged, not wet or altered in any manner;
- verify that the delivered Products conform to the style, model, color, size, and other characteristics of the Products, as described in the Order Confirmation/Acceptance; are free from any patent defects (including but not limited to cracks, scratches, etc.), and are not incomplete; and
- sign the delivery note.
- You can track the status of your shipment by clicking on the link included in the Order Acceptance.
Risk and Title
- The risk of loss of, damage to, and destruction of, the Products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the Products at the delivery address given by you.
- Title in the Products shall pass to you on the date on which the Products are delivered to your delivery address.
Right of withdrawal/cancellation and Returns
- You have the right to withdraw from/cancel the Contract if you change your mind or for any other reason within fourteen (14) days from the date on which you (or the person designated by you) take physical possession of the Products or, in case of multiple packages delivered for the same order, the last package delivered.
- The right of withdrawal does not apply to orders for (i) personalized Products with monograms, (ii) any other Product that you were informed at the time of submitting your order could not be returned (“Non-returnable Products”).
- To exercise your right of withdrawal, you shall follow the return process described in the Return Policy . Alternatively, you may exercise your right of withdrawal /to cancel the Contract by sending to SDSA within the period of time mentioned in Section 8.1 above:
- the Model Withdrawal/Cancellation Form set out at the end of these General Terms, duly filled in and signed by you,
- a letter including the following information: (i) indication of the Products for which you wish to exercise your right of withdrawal/right to cancel; and (ii) the order number,
- to the following recipient’s email firstname.lastname@example.org or through the Contact Us Form available on the Website.
- You must return the purchased Products within fourteen (14) days from the date you notified SDSA of your decision to exercise your right of withdrawal/right to cancel, in accordance with Section 8.3 above, in accordance with the instructions set out in the Return Policy .
- The Products shall be returned in their original condition, unaltered, unused, undamaged, in their original packaging and with original tags and labels attached along with all accessories, gifts (if any) and related documents (e.g., instructions booklet, Product certificates, etc.) if any, and undamaged box, if applicable.
- If a returned Product does not meet the conditions for its return, as listed in Section 8.5 above, SDSA will send back such Product to you to the address you indicated in the return form, or if such address is not valid, to the address communicated by you when you placed the order. This return will occur within thirty (30) days from the date SDSA informed you of the rejection of the returned Products, unless a force majeure event, an event beyond SDSA’s reasonable control or any unforeseeable circumstance occurs.
- SDSA will refund you all amounts paid by you, including the delivery charges, if any, (except that, with respect to the delivery charges, the maximum refund, if any, will be the costs of delivery by the least expensive delivery method SDSA offers), within fourteen (14) days from the date SDSA received back from you the Products, or you have provided evidence that you have returned them, whichever is the earliest. SDSA will refund you using the same payment method that you used when you placed your initial order. If you paid cash on delivery of the Products ordered, if available, cash refunds are not available, and your refund will only be released by wire transfer. Please note that SDSA may reduce your refund to reflect any diminished value of the Products resulting from your handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.
- Without prejudice to your rights under Article 9, SDSA does not offer exchanges for Products purchased online. If you would like to exchange a Product, you must return the Product and place a new order.
- The provisions of Sections 8.1 to 8.8 will apply, except as otherwise provided by the Return Policy .
Lack of Conformity - Manufacturing Defects
- If you find that a Product sold through the Website has manufacturing defects or is not as described (excluding any non-conformity to the Order Confirmation/Acceptance or those patent defects that should have been identified and indicated at the time of delivery pursuant to Section 6.4), please contact immediately our Client Services through the Contact Us Form available on the Website to arrange for the repair or exchange of the Product.
- SDSA is compelled by law to respect the defects to conformity of Products warranty set out in the conditions of Article 129 and following of the Italian Consumer Code, as well as the warranty against hidden defects stipulated in Article 1490 and following of the Italian Civil Code.
- In case of non-conformity, you have a period of two (2) years starting from the date of delivery of the Product to exercise proceedings. You can ask between having the Product repaired, or having the Product replaced, in accordance with the conditions referred to in Article 130 of the Italian Consumer Code. You are exempt from proving the existence of a defect of conformity for the twenty-four months following the good’s delivery. This warranty is provided in addition to the commercial warranty, if applicable, and the warranty against hidden defects stipulated in Article 1490 and following of the Italian Civil Code. You may trigger the warranty against hidden defects within two (2) years following the discovery of the hidden defect.
- Damage, alteration or modification to the Products caused by you is not a manufacturing defect or a lack of conformity. For example, without limitations, any damage caused by extensive use or wear; improper use (such as contact with direct exposure to heat, contact with harmful external agents); normal tear and wear; non-observance of applicable care instructions, are not manufacturing defects or a lack of conformity. Likewise, variations in the color of the stones, presence of inclusions or variations in the look of final finishing are inherent to the Product and not manufacturing defects.
- In the event you request the repair, replacement or return of a Product due to manufacturing defect pursuant to this Article 9, SDSA will bear the delivery costs for returning the Products to be repaired, replaced or returned, as well as any costs to deliver back to you the repaired or replaced Products.
- These General Terms set out the full extent of our obligations and liabilities and SDSA’s obligations and liabilities in respect of the sale of the Products. Nothing in these General Terms seeks to exclude or limit our liability or SDSA’s liability for:
- personal injury or death resulting from our or SDSA’s negligence;
- fraud or fraudulent misrepresentation;
- breach of any obligations implied by applicable consumer protection laws; or
- any other cause of action which cannot be limited or excluded under applicable law.
- Subject to the above, our aggregate liability and the aggregate liability of SDSA, which shall be limited solely to direct damages, caused by a breach, that you suffer in respect of all claims and causes of action, arising under or in connection with these General Terms and each Contract, shall in no event exceed the price of the Product(s) purchased by you on the Website under that Contract. We and SDSA are not liable for damage or loss that either you, we or SDSA could not reasonably have foreseen at the time you accepted these General Terms. We and SDSA shall not be liable to you for any indirect damages.
- We and SDSA are not responsible for any delay or failure to perform any of obligations under these General Terms if the delay or failure is caused by a force majeure event or arises from any cause which is beyond our or SDSA’s reasonable control, including without limitation any of the following: act of God, governmental act, war, civil war, fire, flood, earthquake, hurricane and other natural disasters, epidemic, revolution, insurrection, invasion, military or usurped power, confiscations, terrorist activities, national strikes, lockouts, embargo, interruption or failure in information, technology, electricity or telecommunications services, failure of third parties (such as our or SDSA’s suppliers and subcontractors) to perform their obligations to us or to SDSA.
- If you do not comply with the eligibility conditions set out in Article 1, we and SDSA are not liable towards you for any damage or loss caused to you.
Guarantee of Authenticity and Intellectual Property Rights
- We guarantee the authenticity of all Products purchased on our Website.
- Pomellato trademarks, whether figurative or not, service marks, all other marks, brand names, logos used on the Products, the accompanying accessories and/or the packaging, whether registered or not, together with all photographs, illustrations, images relating to the Products, trade or business names, domain names and URLs are and remain our exclusive property or our licensors’ and are protected by applicable copyright, trademark, or other intellectual property laws around the world. We reserve all such rights.
- These General Terms and any document expressly referred to in them represent the entire agreement and understanding between us in relation to the sale of Products and supersede any prior agreement, understanding or arrangement, whether oral or in writing.
Applicable Law and Jurisdiction
- These General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of Italy, subject to any mandatory provisions of the applicable law of your place of residence, particular in the field of consumer protection law.
- Any disputes arising out of, or relating to, these General Terms and the Contracts shall be submitted to the jurisdiction of the competent courts of your place of residence.
- You may access the European Online Dispute Resolution Platform provided by the European Commission and available at http://ec.europa.eu/odr, for alternative extra-judicial resolution of disputes that cannot be resolved between you and SDSA or us.
For further information and assistance with the Website, you may contact us in one of the following manners:
- By sending us a communication to Pomellato SPA, via Neera 37, 20141 Milan, Italy,
- By sending us an email at email@example.com ,
- or via the contact form available in the Contact Form section of the Website.
Any notice to be given under these General Terms or the Contracts will be in writing. We will contact you by email or provide you with information by posting notices on the Website.
Model Withdrawal/Cancellation Form
(complete and return this form only if You wish to withdraw from the Contract)
To [BRAND] [Address] [Email for returns]
I/We(1) hereby give notice that I/We(1) withdraw from my/our(1) contract of sale of the following goods(1)/for the provision of the following service(1),
Ordered on(1)/received on(1),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(1) Delete as appropriate