General Conditions of Sale

1. Scope of Application and Definitions

1.1. These Conditions apply to purchases of Products made by Consumers through the website www.pompea.com. 1.2. The following terms shall have the following respective meanings:

  • Conditions: refer to these general terms and conditions of sale.

  • Consumer or Customer: refers to any natural person making a purchase for the satisfaction of daily life needs, unrelated to any entrepreneurial, commercial, artisanal, or professional activity.

  • Contract: refers to the online sales contract for Products concluded at a distance between Pompea and the Customer through the Customer's interaction with the Site.

  • Pompea or Seller: refers to the company Pompea S.p.a., a single-member company, with registered office in Medole (Mantua-Italy), Via San Damaso 10, VAT number 01789800206, Tax Code and registration number in the Mantua Register of Companies 04659140489, R.E.A. of Mantua no. 181755, PEC: finance@pec.pompea.com, fax +39 376 868960, telephone +39 376 8671.

  • Products: refer to the products offered for sale by Pompea through the Site.

  • Site: refers to the website www.pompea.com, managed by the Seller, through which the online purchase contract is finalized.

2. General Provisions

2.1. The Products are sold by Pompea. 2.2. These Conditions govern only the sale of Products on the Site by Pompea and not the sale of products or services by parties other than the Seller who may be reachable via links, banners, or other hypertext links on the Site. The Seller is not responsible for the provision of goods and services by third parties. 2.3. The Seller reserves the right not to accept orders that do not originate from a Consumer. In any case, if the purchaser is not a Consumer, the Contract shall be governed by Italian law, excluding the 1980 Vienna Convention on the International Sale of Goods. 2.4. These Conditions may vary; every purchase is subject to and governed exclusively by the Conditions in force on the date the relative contract is finalized.

3. Object and Conclusion of the Contract

3.1. The object of the Contract is any Product present on the Site, described in the relative product sheet, which the Seller offers for sale and which the Consumer intends to purchase at a distance through interaction with the Site itself.

  • 3.1.1. All information provided on the Site, particularly the images in the product sheets, is general in nature and provided for informational purposes only to allow the identification of the item: images or colors of the Products may differ in the actual vision of the goods. Such discrepancies may be linked to the effects of the Internet browser, the monitor used, or the monitor settings (brightness, contrast, quality, and type of printer in use, etc.). 3.2. The Contract is concluded exclusively via the internet, through the Customer's access to the Site and the submission of a purchase order according to the procedure provided by the Site, followed by acceptance by Pompea. Specifically:

  • The purchase order sent by the Customer via the Site constitutes a contractual proposal.

  • The Contract is finalized when the Customer receives acceptance and confirmation of the purchase order from Pompea via email. This email contains the Customer's data, order number, price of the goods purchased, shipping costs, and the delivery address.

  • With the order confirmation email, the Customer will also receive a link to download and archive a copy of these Conditions, as provided by Art. 51, paragraph 1, of the Consumer Code. 3.3. The Customer must verify the correctness of the personal data contained in the order confirmation email and promptly inform Pompea of any errors.

4. Pre-contractual Information

Pre-contractual information for the Consumer is provided before they are bound by the Contract and can always be consulted via the Terms of Sale link on the Site. Specifically, before the conclusion of the Contract, the Customer is informed regarding:

  • Identification of the Seller;

  • Total price of the goods, including taxes, with details of shipping costs and any other costs;

  • Payment methods;

  • The deadline by which Pompea undertakes to deliver the chosen goods;

  • Conditions, terms, and procedures for exercising the right of withdrawal (see Art. 8 of these Conditions);

  • Existence of the legal guarantee of conformity for the purchased goods;

  • Post-sale assistance conditions and commercial guarantees provided.

5. Availability of Products

The availability of Products indicated on the Site refers to their actual availability at the time the Customer places the order. This availability must be considered indicative because, due to the simultaneous presence of multiple users on the Site, Products may be sold to other Customers before the order is confirmed. Should one or more Products in the order be unavailable, the order is automatically corrected by removing the unavailable Product.

6. Prices

6.1. The sales prices of the Products indicated on the Site are expressed in Euros and include all taxes payable by the Customer. 6.2. Shipping costs are not included in the price of the Products but are indicated and calculated at the time of the conclusion of the purchase process and before payment is made. 6.3. The Customer may use vouchers offered by Pompea as part of promotional campaigns for the purchase. Such vouchers may be used exclusively according to the methods indicated on the vouchers themselves and cannot be transferred to third parties. It is not possible to use multiple promotional vouchers cumulatively for the same order. Promotional vouchers will not be refunded if the purchaser decides to return the goods in whole or in part.

7. Payment Methods

7.1. Pompea accepts the payment methods indicated on the Site. 7.2. Payment is charged upon the submission of the order by the Customer in the manner described in point 3.2 above. 7.3. If you buy with Scalapay, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., related parties, and their assignees, and you authorize such assignment. 7.4. Payments may also be made using promotional vouchers. 7.5. For communications related to payment, including data provided by the Customer at the time the payment is made, dedicated secure lines are used. The security of Credit Card payments is guaranteed via the TLS (Transport Layer Security) encrypted data transmission protocol.

8. Right of Withdrawal

8.1. The Customer has the right to withdraw from the purchase, without any penalty and without specifying the reason, within 30 days of receipt of the Products, by communicating it to Pompea within the same period. 8.2. Registered Customers can communicate the withdrawal through the Site by accessing the "Make a Return" section of their Profile, selecting the order containing the Product to be returned, and clicking on "Request Return." 8.3. If withdrawing from the Contract, the Customer must return the Products within 14 days from the day they communicated their desire to withdraw to the Seller, following the return instructions indicated on the Site's "Withdrawal and Returns" page. 8.4. All return shipping costs are the responsibility of the Customer, except for those carried out within the Italian territory, which remain the responsibility of Pompea. 8.5. The right of withdrawal cannot be exercised for Products that are not suitable for return for hygienic reasons or those related to the health protection of the Customer and Pompea employees. For this reason, the return of Products intended to come into contact with private parts (e.g., briefs, bodysuits, swimwear, etc.) will only be possible if the relative packaging remains unopened. Conversely, the removal or damage of the packaging will result, without exception, in the exclusion of the right of withdrawal. 8.6. Furthermore, Products that, due to the nature of their materials, adapt to the person when worn (e.g., stockings, mesh items, and similar) are not returnable. For these products as well, the return is permitted only if the packaging is intact and the Product has not been worn, not even for a fitting. 8.7. The Customer is responsible for any diminished value of the Products resulting from handling other than what is strictly necessary to establish the nature, characteristics, and integrity of the Products. Therefore, if the returned Products are damaged (e.g., signs of wear, abrasion, deformation, etc.), not complete with all their elements and accessories (including unaltered labels and tags attached to the product), not accompanied by the attached instructions/notes, original packaging, and the guarantee certificate where present, the Customer is not entitled to a refund. 8.8. Subject to verification of the above, Pompea will refund the amount of the returned Products within 14 days of the Customer's withdrawal. Pompea may suspend the refund until receipt of the returned Products. Unless otherwise requested by the Customer, Pompea carries out the refund using the same means of payment chosen by the Customer during the purchase phase.

9. Guarantee of Conformity

All Products are covered by legal guarantees.

10. Delivery

10.1. Pompea only accepts orders for delivery in the following countries: Austria, Belgium, Croatia, Denmark, Estonia, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovenia, Spain, and Sweden.

  • 10.1.1. Pompea reserves the right to accompany the Products with informational, advertising, and promotional material. 10.2. Products are delivered via GLS courier in Italy and UPS abroad, by the date indicated in the order confirmation email and, in any case, no later than 30 days from the conclusion of the Contract. Delivery also takes place according to the methods described in the general transport conditions adopted by the courier selected by the Customer.

  • 10.2.1. During sales periods or promotional events, shipping and delivery times and methods may vary, of which the Customer is informed at the time of the order. 10.3. Delivery takes place at the address indicated by the Customer at the time of the order, unless payment is made via PayPal. In the latter case, delivery takes place at the address indicated by the Customer on the PayPal payment page, even if different from the one specified in the order. Only one delivery attempt will be made at the address indicated. If the carrier is unable to complete the delivery due to an incorrect/incomplete address, absence, or the recipient's name not being on the intercom, the package will be delivered to the nearest collection point (GLS for Italy and UPS for abroad), where it can be collected within the following 10 working days. 10.4. Upon delivery, the Customer is required to verify that the packaging is intact and, if they detect damage or anomalies, must refuse the delivery: otherwise, they forfeit the possibility of asserting their rights in this regard. 10.5. In case of non-delivery and after ten days of storage, Pompea will cancel the Order and proceed with the refund of the price, using the same payment method chosen by the Customer during the purchase.

11. Liability

Pompea assumes no responsibility for disruptions attributable to force majeure or unforeseeable circumstances, even where dependent on malfunctions and disruptions of the internet network, in the event that it fails to execute the order within the times provided by these GCS. In the event that the goods cannot be accepted by the Seller because they do not meet the requirements for exercising the rights referred to in Articles 6 and 7 above, it is the Customer's burden and responsibility to recover the Products made available to them at their own expense. In such a case, the Customer acknowledges and unconditionally accepts that Pompea will proceed with the disposal of the uncollected goods in accordance with the law, 30 (thirty) days after the notification that they are available for collection.

12. Final Clauses

The Products are sold with the characteristics described on the Site and according to the GCS published on the Site at the time the order is sent by the Customer, excluding any other condition or term. For any legal information, consult the sections:

  • Privacy Policy

  • Terms of Use of the Sites

  • Cookie Policy Pompea reserves the right to modify the policies and these GCS at any time, at its discretion and without notice to Site users. By accessing the Site and submitting a Purchase Order, the Customer adheres to the policies and terms of the GCS in force at the time of purchase. Pompea also reserves the right to modify prices, Products, and their characteristics at any time, at its discretion and without notice. Before sending the Purchase Order, the Customer is invited to verify the final sales price and the characteristics of the chosen Products. These GCS consist of the totality of the clauses that compose them. The invalidity, nullity, or supervening inapplicability of one or more individual clauses shall not affect the validity, effectiveness, and applicability of the others.

13. Applicable Law, Competent Authority, and ODR

13.1. Any dispute relating to the application, execution, interpretation, and violation of contracts stipulated through the Site is subject to Italian law, without prejudice to the application in favor of the Customer, who does not reside in Italy, of the mandatory provisions provided by the law of the country in which they have their habitual residence. 13.2. Any dispute that does not find an amicable settlement will be the competence of the judicial authority of the place where the Customer has their habitual residence or — at the Customer's choice, in the case of action taken by the same — of the Court of Mantua. 13.3. The Customer has the option to turn to nationally/European recognized Alternative Dispute Resolution (ADR) bodies:

  • For residents in Italy, refer to the list of the Ministry of Enterprises (MIMIT), link: https://tuttoconsumatori.mise.gov.it/risoluzionicontroversie;

  • For residents in other EU States: the Customer can consult the list of accredited ADR bodies in their country of residence through national consumer portals. 13.3.1. In any case, the Customer's right to appeal to the ordinary judge competent for the dispute remains unaffected, whatever the outcome of the extrajudicial settlement procedure described above.

14. IDU Identification Number for France

In accordance with the provisions of Articles L541-10 to L541-10-17 of the French Environmental Code, the Seller informs the consumer that it has joined several specialized ecological organizations to fulfill its obligations. For this purpose, the Seller has a unique identification code (IDU) certifying its registration with the ecological organization and the updating of its ecological contributions. IDU for the "textile products, clothing, footwear, household linen, and new household textile products" sector at the REFASHION ecological organization: FR441357_11FMSS. The customer can consult Refashion's mission and objectives directly via the following internet link: https://refashion.fr/citoyen/fr.