Terms of sale
The terms below govern all purchase and sale contracts entered into on the website www.pompea.com owned by Pompea S.p.A., with registered office in Medole (Mantova, Italy), Via San Damaso 10, VAT no. 01789800206, tax code 04659140489 and managed for all operational purposes by B2X S.r.l., as identified below.
Products purchased on the Website are sold directly by B2X S.r.l. ("B2X"), with registered office in Italy, Rome, Via Tiburtina 1236, 00131, registered in the Register of Companies, Tax Code and VAT no. 11020591001, Share Capital 50,000 euro, fully paid-up.
For further information, you can contact our Customer Service at 800990309 or via email at customer.service@pompea.com
We reserve the right to modify these general terms of sale at any time; any new rules will become effective from the moment they are published on our website, and will apply to sales that will be made from the time of their publication.
We therefore invite you to carefully read the terms of sale whenever you buy something from us.
1. Definitions
1.1 Customer: the Consumer, as defined below.
1.2 Confirmation of Order: notice sent to the Customer via email confirming final details of the purchase contract entered into by the Seller and the Customer (of which these terms are an integral part).
1.3 Consumer: natural person, having reached the age of majority or in any case being a legal adult, who places an order on the Website for purposes unrelated to any enterprise, business, craft or profession in which he or she may participate, subject to the provisions of Legislative Decree no. 206/2005 and subsequent amendments and additions.
1.4 Supplier: Pompea S.p.A., with registered office in Medole (Mantova-Italy), Via San Damaso 10, VAT no. 01789800206 – Tax Code 04659140489, as owner of the Website and supplier of the products sold online.
1.5 Price: that indicated in the Confirmation of Order, inclusive of VAT in different percentages depending on product type.
1.6 Product(s): the products found in the electronic catalogue published on the Website, as described in the product data sheets and specified in detail in the Order Confirmation.
1.7 Seller: B2X Srl ("the Seller"), registered office in Rome, Via Tiburtina 1236, 00131 Rome, Tel. 06-41523300 - Fax 06-41523304, VAT no. 11020591001, entered in the Company Register of Rome no. 1272364. The Seller is the commercial company with which the Customer enters into a sale contract, purchases and resells products or services from the Provider.
2. Business policy
2.1 The mission is to promote and sell the Supplier's products, specifically in the B2C (Business to Consumer) market, intended for private consumers.
In view of its business policy, the Seller reserves the right not to dispatch orders received from entities other than Customers or in any case orders that do not comply with its business policy.
The General Terms of Sale pertain solely to the supply, sending and acceptance of product orders from the Customers of Website to the Seller.
2.2 The General Terms of Sale do not pertain to the supply of services or sales of products from entities other than the Seller that may be present on the Website by means of links, banners or other hypertext links. Prior to submitted purchase orders for products and/or services from subjects other than the Seller, the Customer is invited to read their terms of sale. The Seller indeed is not responsible for the supply of services from third parties other than the Seller or for concluding e-trade transactions between Site users and third parties.
2.3 These Terms of Sale are published on the homepage of the website and can be viewed by the Customer at any time before and during the process of placing an order, and must be expressly accepted in order to be able to proceed with the order.
2.4 In the event of an IT, manual, technical or other error that may result in a substantial change, not foreseen by the Vendor, of the public sale price, which makes it exorbitant or clearly ridiculous, the purchase of the order will be considered not valid and canceled and the amount paid by the customer will be refunded within 14 days from the day of cancellation, upon notice to the customer.
2.5 The seller reserves the right to verify and evaluate the correctness and good faith of the customer, in particular in the case of use of promotions or discount coupons. In the event that the customer's behavior turns out to be illegal and incorrect, the seller will promptly inform and proceed with the cancellation of the purchase order.
3. How to conclude a contract with B2X
3.1 In order to conclude a contract for the purchase of one or more Products on the Website, the Customer must fill out the electronic order form, taking care to correctly enter his or her details as required on the form, and must send it to the Seller electronically, following the instructions given on the Website.
To conclude the contract for purchase, registration with the Website is necessary. The Customer must create his or her own "account" (or personal profile) by completing the forms on the Website, taking care to enter his or her personal data as required in the electronic registration forms, in order to facilitate the process of purchasing, including making subsequent purchases after the first one, without having to complete all the forms again each time.
The Customer assumes responsibility in any case for the truthfulness and accuracy of the personal data provided and supplied to the Seller during the registration process and when sending the order form. It is understood that any damage/delay/inconvenience attributable and/or due to inaccuracy and/or untruthfulness of the personal data entered upon registration and/or subsequently modified will under no circumstances be charged to the Seller.
3.2 The order form contains a reference to the General Terms of Sale and a summary of the main information regarding each ordered product. This information refers to the price (inclusive of all applicable taxes and/or duties), possible payment methods and types of delivery for ordered products (plus relative costs). There is also a link to the site's General Terms of Use.
3.3 Prior to purchasing products by submitting the order form, the Customer must carefully read the General Terms of Sale and General Terms of Use, and to print and/or save a copy for possible future use. In particular, before the conclusion of the online purchase and payment procedure, the Customer will be asked to review and agree to these Terms of Sale and to print or save an electronic copy and in any case to keep these Terms of Sale, in accordance with the provisions of Legislative Decree no. 206/2005 ("Consumer Code").
3.4 The contract is concluded when, after the Customer has checked the data regarding the order, the Seller receives online the corresponding order form.
3.5 By submitting the order form the customer unconditionally agrees to and undertakes to comply with the present General Terms of Sale in relations with the Seller. If the customer does not agree to some of the terms set forth herein, he is invited not to submit the order form for the purchase of the website’s products.
3.6 By submitting the order form the customer confirms that he is aware of and agrees to the additional information contained on the site in the General Terms of Use and in the Information Note on the processing of personal data.
3.7 The order form will be filed in our database for the period of time needed to dispatch orders, and in any case in compliance with law provisions. The customer may access the order form by consulting the Personal Area section > My orders, or, if the customer is not registered with the Website, on the Support page, by entering the order code and the email address used when completing the order creation form.
3.8 The languages at the disposal of the Customer to conclude the contract with the Provider are Italian and English.
3.9 Product prices may be subject to change. The customer must know the final sale price before submitting the relative order form.
3.10 Purchase requests from countries not included among those given in the section "Product shipment and delivery" may not be accepted by the Seller.
3.11 Once the contract is concluded, the Seller will handle the corresponding purchase order.
3.12 The Seller may not go ahead with purchase orders submitted by the Customer if sufficient guarantees about the solvency of the Customer are not provided, or if the relevant information is incomplete or incorrect. In such cases the Seller will inform the customer, via email, of the non-completion of the contract, specifying the reasons why it has not been possible to complete the order.
3.13 In general, all items present on the Site are available immediately. However, the Seller may in no way be held liable for the temporary unavailability of one or more products. If specific products presented on the Site are no longer available or on sale after the order form is submitted, the Seller will duly inform the Customer of this unavailability prior to Confirmation of the Order. Unless otherwise agreed (see Right of Withdrawal section), the customer's submission of the order form serves as acceptance also of a partial delivery, limited to products available among those ordered, and as waiver of the right to seek compensation and/or indemnity. If the customer has already paid for the full order, the Seller will refund the amount corresponding to unavailable products according to the methods described below (see section Refund times and methods).
3.14 Once the contract is concluded the Seller will send to the Customer, to the email address and in the language specified in the order form, confirmation of the order request, containing a summary of the information contained in the same form (as per art. 1.3.2). This document is not the Confirmation of Order, which will be sent at a later time, when the Products are actually shipped.
3.15 When the products present in the order form are actually sent the Seller will send to the Customer, to the email address and in the language specified, the Confirmation of Order. This document will contain the list of products actually purchased, with the main details, including the price inclusive of VAT. It will contain all the information on shipping details, costs and estimated delivery times. It will also contain the total cost of the order (with and without VAT) and the main details of the payment effected. Finally, the document in question will give a summary of the General Terms of Sale, General Terms of Use of the site and the tax details of the Seller (Name, Legal form, Registered office, Registration with company register, Tax code, VAT Number and Contact).
4. Cancellation of Order
4.1 Without prejudice to the provisions on withdrawal, it is possible to cancel orders that have not yet been processed (those marked with the status: "in process or awaiting payment") by contacting Customer Service at the email address customer.service@pompea.com or by phone at 800990309 or by accessing "my orders" in the personal area of the Website.
4.2 It is not possible to cancel an order once the shipping process is under way.
4.3 If when an order is cancelled the corresponding payment has already been effected, it will be necessary to contact Customer Service to open the refund procedure (as described in the section Refund times and methods).
5. Guarantees and after-sales assistance
5.1 The Products offers for sale only top quality product. Products are purchased directly by the Seller from the Provider.
5.2 The Seller does not sell products that are second hand, unlawful or of a quality below market standards.
5.3 The main features of products are presented on the Website on each product details page. The images and colours of products offered for sale may not match those received due to effects produced by the Internet browser or monitor used. It is therefore understood that, except for labelling information, the Customer cannot raise any objections against the Seller and/or the Supplier, should the package of the delivered Product not coincide with the image of the product on the website in colour/shape/dimensions. The Seller reserves the right to change the Product's packaging at any time.
5.4 The Seller places the utmost attention to the close matching of Site descriptions with what is written on product packaging labels. It is stressed however that if there are differences the Provider's label will always be the original information source.
5.5 When the purchased Product is delivered by the courier, the Customer is required to check that the number of packages is the same as the number indicated in the waybill, and that the packaging is intact, not damaged, wet or otherwise altered, including sealing materials (adhesive tape or metal clips). Upon receipt of the Products, the Customer must:
· make sure that the packaging is intact. Otherwise, the Customer must NOT accept the goods, but leave them with the courier. Should this happen, the Customer must promptly inform the Seller in order for the purchased goods to be sent back without delay;
· always write "ACCEPTED WITH RESERVATION" when signing the receipt slip presented by the courier. This will make it simpler and faster to obtain any refunds for damages caused in transport;
· photograph the package – if the products received are damaged or incomplete/incorrect – both outside and inside so that, in the event of a claim, the Seller may request this material in order to verify the actual problem.
Once the courier's document has been signed, the Customer cannot raise any objections regarding the exterior characteristics of the goods delivered, and the risk of lost or damaged Products is transferred in all respects to the Customer.
5.6 The Seller offers an additional and entirely exceptional guarantee to the Customer, whereby if the Customer fails in respect of the provisions of paragraph 5.5, thus losing the opportunity of recourse against the shipping courier for the damage to the products, the Seller will nonetheless provide a refund for the damaged goods, according to the procedures described in this document. The Seller reserves the right to cancel this additional guarantee at any time by giving proper notification on the Website.
5.7 The Seller is liable to the Consumer for any lack of conformity that exists at the time the Product is delivered and for hidden defects that appear within two years of that delivery, limited by flaws by use. The Customer may submit a warranty claim through the Pompea Website (Contact Us section) or by telephone at Customer Service (800 990 309) within sixty (60) working days from the date of receipt of the Products (for obvious defects) or from the discovery of the defect (for hidden defects) specifying the reason "warranty for non-compliant product", the order number and the reason for the claim. The Seller, having verified the previously-stated conditions, will inform the Customer of the procedures provided for for repair or replacement of the product under warranty. Where necessary, the Seller shall, at its own expense, arrange for the defective product to be collected directly by express courier from an address specified by the Customer. After receiving the product, the Seller, in agreement with the Supplier, will assess the discrepancy and, if valid, will replace the goods at the Seller's own expense, no later than thirty (30) days from the date the return was received. If the Product is found to be compliant, the Seller will promptly notify the Customer of the negative outcome of the returns procedure, and will not send a replacement product. In any event, the Customer may, at his or her own expense, collect or have the product collected from the Seller within thirty (30) days of notification of the negative outcome of the returns procedure.
5.8 The product conformity guarantee will correctly apply if the following conditions are fully met: a.) The email requesting the return procedure contains information regarding the order code and the reason for the return; b.) returned products are sent to the Seller in a single shipment. The Seller reserves the right to not to accept products of the same order, returned and sent at different times. The Seller reserves the right to require that the User attach the Order Confirmation and/or DDT, or other document demonstrating the date the purchase was made and the delivery date, to the request to use the legal warranty for compliance.
5.9 The Seller is not responsible or liable for compensation for any indirect, immaterial or collateral damages including (without limitation): loss of profit, loss of earnings, limitations to production, administrative or personal costs, customer loss or third-party lawsuits. The warranty in question is valid only for products purchased by Customers residing in Italy.
5.10 The limitation of responsibility as per articles 5.9 does not apply in case of fraud, wilful misconduct or gross error committed by the Seller, or serious injury or death caused by the Seller's grossly negligent behaviour.
5.11 The warranty of Product compliance is restricted to Customers of the Website. It applies only to Users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out. For anyone who has purchased on the Website and does not meet the definition of Customer, the warranty for defects in the item sold, the warranty for defects in essential and promised quality and the other warranties provided for by the Civil Code and its terms, forfeitures and limitations will apply. The Warranty's scope of application excludes compliance of any defective or damaged Products caused by accidental events or by the User's responsibility or by use of a product in a way not conforming to its intended use and/or not provided for in the Product's instructions for use and in cases in which the Product is kept in an unsuitable place or is exposed to weather, dirt or contaminants.
6. Payments
6.1 The Seller will only accept payments in Euro.
6.2 For payment of the price of products and of relative shipping and delivery costs the customer may use one of the methods indicated in the order form.
6.3 If paying by credit card, the whole payment procedure will be managed in a totally secure manner by BNL POSitivity. The Seller will accordingly never be in possession of any sensitive information (e.g. complete number of credit/debit card, or security code).
6.4 An optional service for the storage of credit card information for future purchases will be available on the Website. The Customer can activate this function on completion of payment for an order. Credit card details will be stored only by BNL POSitivity and the Seller shall in no way enter into possession of such details. Each time the Customer pays for an order using the "stored credit card" function, the Seller's system will contact the BNL POSitivity system and provide the amount owed and a special code, called "Alias", which will uniquely link the credit card to the payment. The process will be completely traced by BNL POSitivity and in no way will it be possible for the Seller to trace the original card data.
6.5 Alternatively, it is possible to pay by bank transfer to:
· B2X Srl
· Intesa San Paolo S.p.A.
· Via Tiburtina 1236, 00131 Rome - Italy
· IBAN IT13I0306939152100000067623
· BIC/SWIFT BCITITMM
· The reason for payment field must include the order code given by the Website in the Order Confirmation email.
The transfer must be made within 5 days of submission of the online form. After 5 days have passed, the Seller is not able to guarantee the availability of the goods ordered.
7. Product shipment and delivery
7.1 The Seller ships its products in Italy via the leading express courier carriers. Delivery via express shipping takes place in 1-5 business days (Monday to Friday) from receipt of the order form. In any case, the Seller reserves the right to deliver the ordered products within a period of at most 30 days from the Order Confirmation email.
7.2 The Seller undertakes to do all in its power to comply with the above delivery times, but may under no circumstances be held liable for damage or inconveniences caused by possible delays.
7.3 Italy is the only country in which the Seller ships.
7.4 The shipping cost for each order will vary based on the following criteria: the destination and total weight of the Products purchased in an individual order, and in any event this cost will be stated both during the process of submitting an order and in the Order Confirmation.
7.5 Various Home Delivery methods are available to the User, and the order summary page and Shipping page indicate the delivery terms and costs or the method of calculating them for each of the options.
7.6 All of the above costs are inclusive of VAT.
7.7 The Customer is asked to always check the number and integrity of packed items. Any irregularities or damage must be immediately reported to the courier, rejecting the delivery and promptly informing Customer Service of this fact. Replacement and re-delivery costs will be met in full by the Seller, who declines however any and all liability for acceptance of an irregular pack not checked at the time of delivery in the presence of the carrier.
7.8 Delivery via express shipping means to street level, and will be carried out, unless otherwise indicated, from Monday to Friday during normal business hours (from 9:00 to 18:00), excluding national holidays and only in Italy.
8. Right of withdrawal
8.1 In accordance with article 52 of the Consumer Code, the Customer is entitled to withdraw from the contract entered into with B2X without any penalty and without having to specify the grounds, in the terms and the manner set out in the articles.
8.2 To withdraw from the contract the customer must send an email to Customer service. In this case, he must notify the Seller within fourteen (14) working days of reception of the products, of the intention to withdraw from the contract.
8.3 Once he has checked compliance with right of withdrawal terms, the Seller will send, through its Customer Service, an email to the Customer called "opening of return process" containing the procedure to be followed for the return of products (see Return procedure). The customer will in any case have to send the products to the Seller no later than 14 working days from communication of the "opening of return process". When it has received the products the Seller will open a refund procedure (see Refunds) only if the products have been sent within the above time limit (the date will be seen by the postal stamp or the date of delivery to a courier) and if the products are in perfect condition and in their original packaging.
8.4 In the event of withdrawal communicated by the Customer in the above manner, the Seller will refund/deduct all amounts paid by the Customer, including Product delivery costs (except Accessory Services), where applicable, within 14 days of receipt of the notice of withdrawal sent by the Customer. The Customer is responsible for shipping charges. The Seller offers the option of collecting the product via an express courier, directly at the address indicated by the Customer, at a cost of €5.90 which will be deducted the total amount of the refund. The Customer is fully responsible for the shipment until it is received at the warehouse indicated by the Seller. On its arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not caused by transport. If the package and/or packaging is/are damaged, the Seller will deduct from the refund due a percentage equal to the corresponding loss in Product value.
8.5 In view of the characteristics of the Products sold by the Seller, the right of withdrawal applies only to the purchased Product in its entirety; the right to withdrawal may not be exercised on only one or more parts of the Product purchased. For Orders that include more than one Product, the right of withdrawal can be exercised on one or more Products in the Order by specifying the description of the Products to be returned in the notice of withdrawal. In such cases, the refund will be carried out via the methods indicated in the above article.
8.6 Regardless of the relationship between the recipient of the Products specified in the order form and the payer of the amounts due for their purchase, the Seller will always send refunds to the party who made the payment (identified as the holder of the credit card used for the purchase or the holder of the current account used for the bank transfer for the purchase). The Seller, in accordance with the Consumer Code, reserves the right to withhold the refund until it has received the returned Products or until the Customer has demonstrated that he or she has sent back the Products.
8.7 The right of withdrawal is deemed to have been exercised properly if the following conditions are fully met:
• the email containing the request to exercise the right of withdrawal contains the order code;
• the Products in the order for which the right of withdrawal is exercised are sent to the Seller in a single shipment. The Seller reserves the right not to accept items from a single order which are returned and shipped at different times;
• the Products being returned must be sent back in their entirety, and not parts or components of them, including in the case of sets. For Orders that include more than one Product, the right of withdrawal can be exercised on one or more Products in the Order by specifying the description of the Products to be returned in the notice of withdrawal;
• the returned Products must not be used, worn, washed or damaged;
• the returned Products must be sent back in their original packaging;
• the returned Products must be given to the courier within fourteen (14) days from the date you received the Products;
• In cases where the Seller offers the opportunity to purchase a specific pack of Products at a price lower than the price that would normally be applied if they were purchased individually (e.g. 5 for the price of 4, 3 for the price of 2, etc.), the right of withdrawal may also be exercised by returning only some of the purchased products; in this case the price will be recalculated according to the normal price applied for the purchase of individual Products. In all other cases (e.g. bundling, rewards etc.) the right of withdrawal may be exercised only with the return of all the Products purchased; partial refunds are not permitted;
• to return products in the categories of hosiery under 30 denier and lower body undergarments (e.g. boxers and briefs), in addition to the previous conditions, it is necessary that the packaging has never been opened.
In such cases, if sent to the Seller, the Products will remain in storage at the Seller's warehouse, available for the Customer to collect at his or her own expense.
9. Returns
9.1 The return procedure is opened only following a request from the Customer to exercise the right of withdrawal. the Seller will in any case ensure that the conditions needed to open a return procedure are met.
9.2 Following the opening of a return procedure, the Seller will send the Customer an email containing a description of methods for the return of the product.
9.3 The Customer is responsible for shipping charges. The Seller offers the option of collecting the product via an express courier, directly at the address indicated by the Customer, at a cost of €5.90 which will be deducted the total amount of the refund. The Customer must arrange to be available for the courier come to the address he or she has indicated on a working day.
9.4 The returned package must contain a copy of the Confirmation of Order sent to the email address indicated by the Customer or of the waybill present on the package when it was received. Under no circumstances will C.O.D. or carriage forward packages be collected.
10. Refund times and methods
10.1 A refund procedure may refer to two types of situations:
· Refund of the total amount for an order for which the right of withdrawal has been exercised;
· Partial refund for an order for which one or more products are unavailable.
10.2 Regardless of the method of payment used by the Customer, and without prejudice to the provisions concerning withdrawal in article 9 above, the Seller shall effect the refund as soon as possible and in any case within thirty (30) days from when the Order Confirmation is sent (for partial refund due to unavailability of one or more Products) and fourteen (14) days from receipt of the notice of withdrawal (for withdrawal), using the same method of payment with which the order was placed.
10.3 Regardless of whether or not the recipient of products, as indicated in the order form, tallies with the subject paying the amounts due for their purchase, amounts will always be refunded by the Seller to the subject effecting the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer used for the purchase originated).
11. Privacy
11.1 Information on privacy rights is contained in the statement on the processing of personal data, which is an integral part of these Terms of Sale.
11.2 For any further information on the policy on the handling of privacy, you may send a specific request to the following email address: customer.service@pompea.com
11.3. Applicable law and dispute resolution
11.4.1 These Terms of Sale are governed by Italian law and, in particular, by the Consumer Code, with specific reference to legislation on distance contracts, and by Legislative Decree no. 70 of 9 April 2003 regarding certain aspects of electronic commerce.
12. Modifications and updates
12.1 These Terms and of Sale may be amended from time to time, including because of regulatory and legislative changes. The new General Terms of Sale shall take effect from the date they are published on the Website. Any dispute arising in connection with these Terms of Sale and related orders and supplies placed and sent will be settled, if the Customer is a Consumer, pursuant to article 66-bis of the Consumer Code, by the Court of the place of residence or domicile of the Customer, if in Italy.
The following conditions are intended for all users that access, use and/or register with the website pompea.com owned by Pompea S.p.A., with registered office in Medole (Mantova, Italy), Via San Damaso 10, VAT no. 01789800206, tax code 04659140489 and managed for all operational purposes by B2X S.r.l., as identified below.
Access to and use of the website, as well as the purchase of products, is subject to reading, knowledge and acceptance of these General Terms of Use.
Products purchased on the Website are sold directly by B2X S.r.l. ("B2X"), with registered office in Italy, Rome, Via Tiburtina 1236, 00131, registered in the Register of Companies, Tax Code and VAT no. 11020591001, Share Capital 50,000 euro, fully paid-up.
If you need assistance, please visit the Support page. You will find information about orders and shipments, refunds and returning products purchased on the website, the form for registration with the website, suggestions and other general information about the services provided by the Website.
For any other legal information, please visit the Terms of Use sections and the Privacy page.
Products purchased on the Website are sold directly by B2X S.r.l. ("B2X"), with registered office in Italy, Rome, Via Tiburtina 1236, 00131, registered in the Register of Companies, Tax Code and VAT no. 11020591001, Share Capital 50,000 euro, fully paid-up.
For further information, you can contact our Customer Service at 800990309 or via email at customer.service@pompea.com
We reserve the right to modify these general terms of sale at any time; any new rules will become effective from the moment they are published on our website, and will apply to sales that will be made from the time of their publication.
We therefore invite you to carefully read the terms of sale whenever you buy something from us.
1. Definitions
1.1 Customer: the Consumer, as defined below.
1.2 Confirmation of Order: notice sent to the Customer via email confirming final details of the purchase contract entered into by the Seller and the Customer (of which these terms are an integral part).
1.3 Consumer: natural person, having reached the age of majority or in any case being a legal adult, who places an order on the Website for purposes unrelated to any enterprise, business, craft or profession in which he or she may participate, subject to the provisions of Legislative Decree no. 206/2005 and subsequent amendments and additions.
1.4 Supplier: Pompea S.p.A., with registered office in Medole (Mantova-Italy), Via San Damaso 10, VAT no. 01789800206 – Tax Code 04659140489, as owner of the Website and supplier of the products sold online.
1.5 Price: that indicated in the Confirmation of Order, inclusive of VAT in different percentages depending on product type.
1.6 Product(s): the products found in the electronic catalogue published on the Website, as described in the product data sheets and specified in detail in the Order Confirmation.
1.7 Seller: B2X Srl ("the Seller"), registered office in Rome, Via Tiburtina 1236, 00131 Rome, Tel. 06-41523300 - Fax 06-41523304, VAT no. 11020591001, entered in the Company Register of Rome no. 1272364. The Seller is the commercial company with which the Customer enters into a sale contract, purchases and resells products or services from the Provider.
2. Business policy
2.1 The mission is to promote and sell the Supplier's products, specifically in the B2C (Business to Consumer) market, intended for private consumers.
In view of its business policy, the Seller reserves the right not to dispatch orders received from entities other than Customers or in any case orders that do not comply with its business policy.
The General Terms of Sale pertain solely to the supply, sending and acceptance of product orders from the Customers of Website to the Seller.
2.2 The General Terms of Sale do not pertain to the supply of services or sales of products from entities other than the Seller that may be present on the Website by means of links, banners or other hypertext links. Prior to submitted purchase orders for products and/or services from subjects other than the Seller, the Customer is invited to read their terms of sale. The Seller indeed is not responsible for the supply of services from third parties other than the Seller or for concluding e-trade transactions between Site users and third parties.
2.3 These Terms of Sale are published on the homepage of the website and can be viewed by the Customer at any time before and during the process of placing an order, and must be expressly accepted in order to be able to proceed with the order.
2.4 In the event of an IT, manual, technical or other error that may result in a substantial change, not foreseen by the Vendor, of the public sale price, which makes it exorbitant or clearly ridiculous, the purchase of the order will be considered not valid and canceled and the amount paid by the customer will be refunded within 14 days from the day of cancellation, upon notice to the customer.
2.5 The seller reserves the right to verify and evaluate the correctness and good faith of the customer, in particular in the case of use of promotions or discount coupons. In the event that the customer's behavior turns out to be illegal and incorrect, the seller will promptly inform and proceed with the cancellation of the purchase order.
3. How to conclude a contract with B2X
3.1 In order to conclude a contract for the purchase of one or more Products on the Website, the Customer must fill out the electronic order form, taking care to correctly enter his or her details as required on the form, and must send it to the Seller electronically, following the instructions given on the Website.
To conclude the contract for purchase, registration with the Website is necessary. The Customer must create his or her own "account" (or personal profile) by completing the forms on the Website, taking care to enter his or her personal data as required in the electronic registration forms, in order to facilitate the process of purchasing, including making subsequent purchases after the first one, without having to complete all the forms again each time.
The Customer assumes responsibility in any case for the truthfulness and accuracy of the personal data provided and supplied to the Seller during the registration process and when sending the order form. It is understood that any damage/delay/inconvenience attributable and/or due to inaccuracy and/or untruthfulness of the personal data entered upon registration and/or subsequently modified will under no circumstances be charged to the Seller.
3.2 The order form contains a reference to the General Terms of Sale and a summary of the main information regarding each ordered product. This information refers to the price (inclusive of all applicable taxes and/or duties), possible payment methods and types of delivery for ordered products (plus relative costs). There is also a link to the site's General Terms of Use.
3.3 Prior to purchasing products by submitting the order form, the Customer must carefully read the General Terms of Sale and General Terms of Use, and to print and/or save a copy for possible future use. In particular, before the conclusion of the online purchase and payment procedure, the Customer will be asked to review and agree to these Terms of Sale and to print or save an electronic copy and in any case to keep these Terms of Sale, in accordance with the provisions of Legislative Decree no. 206/2005 ("Consumer Code").
3.4 The contract is concluded when, after the Customer has checked the data regarding the order, the Seller receives online the corresponding order form.
3.5 By submitting the order form the customer unconditionally agrees to and undertakes to comply with the present General Terms of Sale in relations with the Seller. If the customer does not agree to some of the terms set forth herein, he is invited not to submit the order form for the purchase of the website’s products.
3.6 By submitting the order form the customer confirms that he is aware of and agrees to the additional information contained on the site in the General Terms of Use and in the Information Note on the processing of personal data.
3.7 The order form will be filed in our database for the period of time needed to dispatch orders, and in any case in compliance with law provisions. The customer may access the order form by consulting the Personal Area section > My orders, or, if the customer is not registered with the Website, on the Support page, by entering the order code and the email address used when completing the order creation form.
3.8 The languages at the disposal of the Customer to conclude the contract with the Provider are Italian and English.
3.9 Product prices may be subject to change. The customer must know the final sale price before submitting the relative order form.
3.10 Purchase requests from countries not included among those given in the section "Product shipment and delivery" may not be accepted by the Seller.
3.11 Once the contract is concluded, the Seller will handle the corresponding purchase order.
3.12 The Seller may not go ahead with purchase orders submitted by the Customer if sufficient guarantees about the solvency of the Customer are not provided, or if the relevant information is incomplete or incorrect. In such cases the Seller will inform the customer, via email, of the non-completion of the contract, specifying the reasons why it has not been possible to complete the order.
3.13 In general, all items present on the Site are available immediately. However, the Seller may in no way be held liable for the temporary unavailability of one or more products. If specific products presented on the Site are no longer available or on sale after the order form is submitted, the Seller will duly inform the Customer of this unavailability prior to Confirmation of the Order. Unless otherwise agreed (see Right of Withdrawal section), the customer's submission of the order form serves as acceptance also of a partial delivery, limited to products available among those ordered, and as waiver of the right to seek compensation and/or indemnity. If the customer has already paid for the full order, the Seller will refund the amount corresponding to unavailable products according to the methods described below (see section Refund times and methods).
3.14 Once the contract is concluded the Seller will send to the Customer, to the email address and in the language specified in the order form, confirmation of the order request, containing a summary of the information contained in the same form (as per art. 1.3.2). This document is not the Confirmation of Order, which will be sent at a later time, when the Products are actually shipped.
3.15 When the products present in the order form are actually sent the Seller will send to the Customer, to the email address and in the language specified, the Confirmation of Order. This document will contain the list of products actually purchased, with the main details, including the price inclusive of VAT. It will contain all the information on shipping details, costs and estimated delivery times. It will also contain the total cost of the order (with and without VAT) and the main details of the payment effected. Finally, the document in question will give a summary of the General Terms of Sale, General Terms of Use of the site and the tax details of the Seller (Name, Legal form, Registered office, Registration with company register, Tax code, VAT Number and Contact).
4. Cancellation of Order
4.1 Without prejudice to the provisions on withdrawal, it is possible to cancel orders that have not yet been processed (those marked with the status: "in process or awaiting payment") by contacting Customer Service at the email address customer.service@pompea.com or by phone at 800990309 or by accessing "my orders" in the personal area of the Website.
4.2 It is not possible to cancel an order once the shipping process is under way.
4.3 If when an order is cancelled the corresponding payment has already been effected, it will be necessary to contact Customer Service to open the refund procedure (as described in the section Refund times and methods).
5. Guarantees and after-sales assistance
5.1 The Products offers for sale only top quality product. Products are purchased directly by the Seller from the Provider.
5.2 The Seller does not sell products that are second hand, unlawful or of a quality below market standards.
5.3 The main features of products are presented on the Website on each product details page. The images and colours of products offered for sale may not match those received due to effects produced by the Internet browser or monitor used. It is therefore understood that, except for labelling information, the Customer cannot raise any objections against the Seller and/or the Supplier, should the package of the delivered Product not coincide with the image of the product on the website in colour/shape/dimensions. The Seller reserves the right to change the Product's packaging at any time.
5.4 The Seller places the utmost attention to the close matching of Site descriptions with what is written on product packaging labels. It is stressed however that if there are differences the Provider's label will always be the original information source.
5.5 When the purchased Product is delivered by the courier, the Customer is required to check that the number of packages is the same as the number indicated in the waybill, and that the packaging is intact, not damaged, wet or otherwise altered, including sealing materials (adhesive tape or metal clips). Upon receipt of the Products, the Customer must:
· make sure that the packaging is intact. Otherwise, the Customer must NOT accept the goods, but leave them with the courier. Should this happen, the Customer must promptly inform the Seller in order for the purchased goods to be sent back without delay;
· always write "ACCEPTED WITH RESERVATION" when signing the receipt slip presented by the courier. This will make it simpler and faster to obtain any refunds for damages caused in transport;
· photograph the package – if the products received are damaged or incomplete/incorrect – both outside and inside so that, in the event of a claim, the Seller may request this material in order to verify the actual problem.
Once the courier's document has been signed, the Customer cannot raise any objections regarding the exterior characteristics of the goods delivered, and the risk of lost or damaged Products is transferred in all respects to the Customer.
5.6 The Seller offers an additional and entirely exceptional guarantee to the Customer, whereby if the Customer fails in respect of the provisions of paragraph 5.5, thus losing the opportunity of recourse against the shipping courier for the damage to the products, the Seller will nonetheless provide a refund for the damaged goods, according to the procedures described in this document. The Seller reserves the right to cancel this additional guarantee at any time by giving proper notification on the Website.
5.7 The Seller is liable to the Consumer for any lack of conformity that exists at the time the Product is delivered and for hidden defects that appear within two years of that delivery, limited by flaws by use. The Customer may submit a warranty claim through the Pompea Website (Contact Us section) or by telephone at Customer Service (800 990 309) within sixty (60) working days from the date of receipt of the Products (for obvious defects) or from the discovery of the defect (for hidden defects) specifying the reason "warranty for non-compliant product", the order number and the reason for the claim. The Seller, having verified the previously-stated conditions, will inform the Customer of the procedures provided for for repair or replacement of the product under warranty. Where necessary, the Seller shall, at its own expense, arrange for the defective product to be collected directly by express courier from an address specified by the Customer. After receiving the product, the Seller, in agreement with the Supplier, will assess the discrepancy and, if valid, will replace the goods at the Seller's own expense, no later than thirty (30) days from the date the return was received. If the Product is found to be compliant, the Seller will promptly notify the Customer of the negative outcome of the returns procedure, and will not send a replacement product. In any event, the Customer may, at his or her own expense, collect or have the product collected from the Seller within thirty (30) days of notification of the negative outcome of the returns procedure.
5.8 The product conformity guarantee will correctly apply if the following conditions are fully met: a.) The email requesting the return procedure contains information regarding the order code and the reason for the return; b.) returned products are sent to the Seller in a single shipment. The Seller reserves the right to not to accept products of the same order, returned and sent at different times. The Seller reserves the right to require that the User attach the Order Confirmation and/or DDT, or other document demonstrating the date the purchase was made and the delivery date, to the request to use the legal warranty for compliance.
5.9 The Seller is not responsible or liable for compensation for any indirect, immaterial or collateral damages including (without limitation): loss of profit, loss of earnings, limitations to production, administrative or personal costs, customer loss or third-party lawsuits. The warranty in question is valid only for products purchased by Customers residing in Italy.
5.10 The limitation of responsibility as per articles 5.9 does not apply in case of fraud, wilful misconduct or gross error committed by the Seller, or serious injury or death caused by the Seller's grossly negligent behaviour.
5.11 The warranty of Product compliance is restricted to Customers of the Website. It applies only to Users who have made a purchase on the Website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out. For anyone who has purchased on the Website and does not meet the definition of Customer, the warranty for defects in the item sold, the warranty for defects in essential and promised quality and the other warranties provided for by the Civil Code and its terms, forfeitures and limitations will apply. The Warranty's scope of application excludes compliance of any defective or damaged Products caused by accidental events or by the User's responsibility or by use of a product in a way not conforming to its intended use and/or not provided for in the Product's instructions for use and in cases in which the Product is kept in an unsuitable place or is exposed to weather, dirt or contaminants.
6. Payments
6.1 The Seller will only accept payments in Euro.
6.2 For payment of the price of products and of relative shipping and delivery costs the customer may use one of the methods indicated in the order form.
6.3 If paying by credit card, the whole payment procedure will be managed in a totally secure manner by BNL POSitivity. The Seller will accordingly never be in possession of any sensitive information (e.g. complete number of credit/debit card, or security code).
6.4 An optional service for the storage of credit card information for future purchases will be available on the Website. The Customer can activate this function on completion of payment for an order. Credit card details will be stored only by BNL POSitivity and the Seller shall in no way enter into possession of such details. Each time the Customer pays for an order using the "stored credit card" function, the Seller's system will contact the BNL POSitivity system and provide the amount owed and a special code, called "Alias", which will uniquely link the credit card to the payment. The process will be completely traced by BNL POSitivity and in no way will it be possible for the Seller to trace the original card data.
6.5 Alternatively, it is possible to pay by bank transfer to:
· B2X Srl
· Intesa San Paolo S.p.A.
· Via Tiburtina 1236, 00131 Rome - Italy
· IBAN IT13I0306939152100000067623
· BIC/SWIFT BCITITMM
· The reason for payment field must include the order code given by the Website in the Order Confirmation email.
The transfer must be made within 5 days of submission of the online form. After 5 days have passed, the Seller is not able to guarantee the availability of the goods ordered.
7. Product shipment and delivery
7.1 The Seller ships its products in Italy via the leading express courier carriers. Delivery via express shipping takes place in 1-5 business days (Monday to Friday) from receipt of the order form. In any case, the Seller reserves the right to deliver the ordered products within a period of at most 30 days from the Order Confirmation email.
7.2 The Seller undertakes to do all in its power to comply with the above delivery times, but may under no circumstances be held liable for damage or inconveniences caused by possible delays.
7.3 Italy is the only country in which the Seller ships.
7.4 The shipping cost for each order will vary based on the following criteria: the destination and total weight of the Products purchased in an individual order, and in any event this cost will be stated both during the process of submitting an order and in the Order Confirmation.
7.5 Various Home Delivery methods are available to the User, and the order summary page and Shipping page indicate the delivery terms and costs or the method of calculating them for each of the options.
7.6 All of the above costs are inclusive of VAT.
7.7 The Customer is asked to always check the number and integrity of packed items. Any irregularities or damage must be immediately reported to the courier, rejecting the delivery and promptly informing Customer Service of this fact. Replacement and re-delivery costs will be met in full by the Seller, who declines however any and all liability for acceptance of an irregular pack not checked at the time of delivery in the presence of the carrier.
7.8 Delivery via express shipping means to street level, and will be carried out, unless otherwise indicated, from Monday to Friday during normal business hours (from 9:00 to 18:00), excluding national holidays and only in Italy.
8. Right of withdrawal
8.1 In accordance with article 52 of the Consumer Code, the Customer is entitled to withdraw from the contract entered into with B2X without any penalty and without having to specify the grounds, in the terms and the manner set out in the articles.
8.2 To withdraw from the contract the customer must send an email to Customer service. In this case, he must notify the Seller within fourteen (14) working days of reception of the products, of the intention to withdraw from the contract.
8.3 Once he has checked compliance with right of withdrawal terms, the Seller will send, through its Customer Service, an email to the Customer called "opening of return process" containing the procedure to be followed for the return of products (see Return procedure). The customer will in any case have to send the products to the Seller no later than 14 working days from communication of the "opening of return process". When it has received the products the Seller will open a refund procedure (see Refunds) only if the products have been sent within the above time limit (the date will be seen by the postal stamp or the date of delivery to a courier) and if the products are in perfect condition and in their original packaging.
8.4 In the event of withdrawal communicated by the Customer in the above manner, the Seller will refund/deduct all amounts paid by the Customer, including Product delivery costs (except Accessory Services), where applicable, within 14 days of receipt of the notice of withdrawal sent by the Customer. The Customer is responsible for shipping charges. The Seller offers the option of collecting the product via an express courier, directly at the address indicated by the Customer, at a cost of €5.90 which will be deducted the total amount of the refund. The Customer is fully responsible for the shipment until it is received at the warehouse indicated by the Seller. On its arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not caused by transport. If the package and/or packaging is/are damaged, the Seller will deduct from the refund due a percentage equal to the corresponding loss in Product value.
8.5 In view of the characteristics of the Products sold by the Seller, the right of withdrawal applies only to the purchased Product in its entirety; the right to withdrawal may not be exercised on only one or more parts of the Product purchased. For Orders that include more than one Product, the right of withdrawal can be exercised on one or more Products in the Order by specifying the description of the Products to be returned in the notice of withdrawal. In such cases, the refund will be carried out via the methods indicated in the above article.
8.6 Regardless of the relationship between the recipient of the Products specified in the order form and the payer of the amounts due for their purchase, the Seller will always send refunds to the party who made the payment (identified as the holder of the credit card used for the purchase or the holder of the current account used for the bank transfer for the purchase). The Seller, in accordance with the Consumer Code, reserves the right to withhold the refund until it has received the returned Products or until the Customer has demonstrated that he or she has sent back the Products.
8.7 The right of withdrawal is deemed to have been exercised properly if the following conditions are fully met:
• the email containing the request to exercise the right of withdrawal contains the order code;
• the Products in the order for which the right of withdrawal is exercised are sent to the Seller in a single shipment. The Seller reserves the right not to accept items from a single order which are returned and shipped at different times;
• the Products being returned must be sent back in their entirety, and not parts or components of them, including in the case of sets. For Orders that include more than one Product, the right of withdrawal can be exercised on one or more Products in the Order by specifying the description of the Products to be returned in the notice of withdrawal;
• the returned Products must not be used, worn, washed or damaged;
• the returned Products must be sent back in their original packaging;
• the returned Products must be given to the courier within fourteen (14) days from the date you received the Products;
• In cases where the Seller offers the opportunity to purchase a specific pack of Products at a price lower than the price that would normally be applied if they were purchased individually (e.g. 5 for the price of 4, 3 for the price of 2, etc.), the right of withdrawal may also be exercised by returning only some of the purchased products; in this case the price will be recalculated according to the normal price applied for the purchase of individual Products. In all other cases (e.g. bundling, rewards etc.) the right of withdrawal may be exercised only with the return of all the Products purchased; partial refunds are not permitted;
• to return products in the categories of hosiery under 30 denier and lower body undergarments (e.g. boxers and briefs), in addition to the previous conditions, it is necessary that the packaging has never been opened.
In such cases, if sent to the Seller, the Products will remain in storage at the Seller's warehouse, available for the Customer to collect at his or her own expense.
9. Returns
9.1 The return procedure is opened only following a request from the Customer to exercise the right of withdrawal. the Seller will in any case ensure that the conditions needed to open a return procedure are met.
9.2 Following the opening of a return procedure, the Seller will send the Customer an email containing a description of methods for the return of the product.
9.3 The Customer is responsible for shipping charges. The Seller offers the option of collecting the product via an express courier, directly at the address indicated by the Customer, at a cost of €5.90 which will be deducted the total amount of the refund. The Customer must arrange to be available for the courier come to the address he or she has indicated on a working day.
9.4 The returned package must contain a copy of the Confirmation of Order sent to the email address indicated by the Customer or of the waybill present on the package when it was received. Under no circumstances will C.O.D. or carriage forward packages be collected.
10. Refund times and methods
10.1 A refund procedure may refer to two types of situations:
· Refund of the total amount for an order for which the right of withdrawal has been exercised;
· Partial refund for an order for which one or more products are unavailable.
10.2 Regardless of the method of payment used by the Customer, and without prejudice to the provisions concerning withdrawal in article 9 above, the Seller shall effect the refund as soon as possible and in any case within thirty (30) days from when the Order Confirmation is sent (for partial refund due to unavailability of one or more Products) and fourteen (14) days from receipt of the notice of withdrawal (for withdrawal), using the same method of payment with which the order was placed.
10.3 Regardless of whether or not the recipient of products, as indicated in the order form, tallies with the subject paying the amounts due for their purchase, amounts will always be refunded by the Seller to the subject effecting the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer used for the purchase originated).
11. Privacy
11.1 Information on privacy rights is contained in the statement on the processing of personal data, which is an integral part of these Terms of Sale.
11.2 For any further information on the policy on the handling of privacy, you may send a specific request to the following email address: customer.service@pompea.com
11.3. Applicable law and dispute resolution
11.4.1 These Terms of Sale are governed by Italian law and, in particular, by the Consumer Code, with specific reference to legislation on distance contracts, and by Legislative Decree no. 70 of 9 April 2003 regarding certain aspects of electronic commerce.
12. Modifications and updates
12.1 These Terms and of Sale may be amended from time to time, including because of regulatory and legislative changes. The new General Terms of Sale shall take effect from the date they are published on the Website. Any dispute arising in connection with these Terms of Sale and related orders and supplies placed and sent will be settled, if the Customer is a Consumer, pursuant to article 66-bis of the Consumer Code, by the Court of the place of residence or domicile of the Customer, if in Italy.
The following conditions are intended for all users that access, use and/or register with the website pompea.com owned by Pompea S.p.A., with registered office in Medole (Mantova, Italy), Via San Damaso 10, VAT no. 01789800206, tax code 04659140489 and managed for all operational purposes by B2X S.r.l., as identified below.
Access to and use of the website, as well as the purchase of products, is subject to reading, knowledge and acceptance of these General Terms of Use.
Products purchased on the Website are sold directly by B2X S.r.l. ("B2X"), with registered office in Italy, Rome, Via Tiburtina 1236, 00131, registered in the Register of Companies, Tax Code and VAT no. 11020591001, Share Capital 50,000 euro, fully paid-up.
If you need assistance, please visit the Support page. You will find information about orders and shipments, refunds and returning products purchased on the website, the form for registration with the website, suggestions and other general information about the services provided by the Website.
For any other legal information, please visit the Terms of Use sections and the Privacy page.
