1. Application field and definitions
1.1. These Conditions apply to product purchases made by Consumers through the Website www.pompea.com.
1.2. The following terms have this respective meaning:
Conditions: the general conditions of sale
Consumer or Customer: a natural person who makes a purchase in order to satisfy personal needs and not for entrepreneurial, commercial, artisanal or professional scopes; Contract: the online sales contract of Products concluded remotely between Pompea and the Customer through the Customer's interaction with the Website;
Contract: the online sales contract of Products concluded remotely between Pompea and the Customer through the Customer's interaction with the Website;
Pompea or Seller: Pompea S.p.a.,ompany, with sole shareholder, with headquarters in Medole (Mantova-Italy), Via San Damaso 10, VAT No. 01789800206, tax code and registration number in the Mantua Business Register 04659140489, Mantua Economic and Administrative Index No. 181755, certified email: finance@pec.pompea.com, fax +39376868960, telephone +393768671.
Products: the products offered for sale by Pompea through the Website
Website: www.pompea.com website, 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 Pompea Website and not the sale of products or services by parties other than the Seller that can be reached from the Website via links, banners or other hypertext links. The Seller is not responsible for the supply of goods and services by third parties.
2.3. The Seller has the right to not accept orders from a Consumer. In any case, if the buyer is not a Consumer, the Contract will be governed by Italian law, with the exclusion of the 1980 Vienna Convention for the international sale of goods.
2.4. These Conditions may vary; each purchase is subject to, and governed solely by, the Conditions in force on the date of completion of the related contract.
3. Subject and conclusion of the Contract
3.1. The subject of the Contract is any Product on the Website, described on the relevant product sheet, that the Seller offers for sale and that the Consumer intends to purchase remotely through the Website.
3.1.1. All the information provided on the Website, and in particular the images on the product sheet, are of a generic nature and provide general information to identify the article: the colour or appearance of the actual Products may differ slightly to those in the photographs. These differences can be due to the Internet browser, the monitor used or the settings of the monitor itself (brightness, contrast, quality and type of printer and etc.).
3.2. The Contract is concluded solely via the Internet, after the Customer has logged onto the Website and has sent a purchase order according to the procedure provided by the Website; finally, the order will have to be accepted by Pompea.
In particular:
- the purchase order sent by the Customer through the Website has the value of a contractual proposal;
- the Contract is finalized when the Customer receives Pompea's acceptance and confirmation of the purchase order by e-mail. The e-mail contains the Customer's data, the order number, the price of the purchased goods, the shipping costs and the delivery address where the goods will be sent;
- the order confirmation email to the Customer also includes the link to download and store a copy of these Conditions, as required by art. 51, paragraph 1, of the Consumer Code.
3.3. the Customer must check for the correctness of his/her personal data contained in the order confirmation e-mail and promptly notify Pompea of any errors.
4. Pre-contractual information
The pre-contractual information for the Consumer is provided before the Consumer is bound by the Contract and can be consulted at any time via the link of the General Conditions of Sale on the Website.
Before the conclusion of the Contract, the Customer is informed about the following:
- identification of the Seller;
- total price of the goods, including taxes, shipping costs and any other costs;
- method of payment;
- term within which Pompea undertakes to deliver the selected goods;
- conditions, terms and procedures for exercising the right of withdrawal (see Article 8 of these Conditions);
- legal guarantee of conformity for the purchased goods;
- after-sales assistance conditions and commercial guarantees.
5. Product availability
The availability of the Products sold on the Website refers to their actual availability at the moment the Customer places the order. This availability must be considered indicative because, due to the simultaneous presence on the Website of multiple users, the Products can be sold to other Customers before the order has been confirmed. If one or more Products included in the order are not available, the order is automatically corrected, and the unavailable Product is deleted.
6. Prices
6.1. The sales prices of the Products indicated on the Website are in Euros and include all taxes charged to the Customer.
6.2. Shipping costs are not included in the price of the Products, but they are given and calculated at the time of the conclusion of the purchase process and before the Customer has made the payment.
6.3. The Customer may use vouchers offered by Pompea as part of their promotional campaigns. The vouchers can only be used in accordance with the provisions given in the vouchers and cannot be transferred to third parties. It is not possible to use more than one promotional voucher for the same order. Promotional vouchers will not be refunded if the purchaser returns all or part of the goods.
7. Payment methods
7.1. Pompea accepts the payment methods indicated on the Website.
7.2. The payment is debited when the Customer sends the order in accordance with the methods described in the previous point 3.2.
7.3. If you buy with Scalapay, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and you authorize this transfer.
7.4. Payments can also be made with the use of promotional vouchers.
7.5. For communications relating to the payment, including the data provided by the Customer at the time the payment is made, special secure lines are used. The security of payment by credit card is guaranteed through the TLS encrypted data transmission protocol (Transport Layer Security).
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 14 days of receipt of the Products by communicating it to Pompea within the same term.
8.2. The registered Customer can communicate the withdrawal through the Website, by accessing the My Orders section of their Profile, selecting the order including the Product to be returned, and clicking on Return request.
The unregistered customer can communicate the withdrawal by contacting the customer service from the Contact Us section of the Website or by sending a request to customer@pompea.com using the following form.
8.3. If the Customer withdraws from the Contract, they must return the Products within 14 days from the day on which they communicated his/her intention to withdraw, following the return instructions indicated on the Website on the Withdrawal and Returns page.
8.4. The return shipment of Products is paid for by the customer, except for the return shipment in Italy that is paid for by Pompea.
8.5. The right of withdrawal cannot be exercised for Products that can’t be returned for hygienic reasons or are related to the protection of the health of the Customer and Pompea employees. For this reason, the return of Products that come into contact with the person’s private parts (e.g. briefs, bodysuits, swimwear, etc.) will only be possible if the packaging has not been opened. On the other hand, the removal or damage of the package will prevent the Customer from exercising their right of withdrawal.
8.6.Products which, due to the nature of the materials, change shape if they are worn (e.g. socks, fishnet hosiery and the like) are also not returnable; these products may also only be returned if their packaging is intact and the Product has not been worn, even for trying them on.
8.7. The Customer is responsible for the decrease in product value, resulting from handling other than that strictly necessary to establish the nature, characteristics and integrity of the Products. Therefore, the Customer won’t be entitled to a refund if the returned Products are damaged (for example, with signs of wear, abrasion, deformations, etc.), are not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), are not accompanied with the attached instructions/notes, are not contained in their original packaging and don’t have their guarantee certificate, where present.
8.8. Without prejudice to the above verifications, Pompea will refund the amount of the Products returned following the Customer's withdrawal within 14 days. Pompea may suspend the refund until the returned Products are received. Unless otherwise requested by the Customer, Pompea reimburses the Customer by using the same payment method chosen by the Customer for the purchase.
9. Guarantee of conformity
All Products are covered by the legal guarantees.
10. Delivery
10.1. Pompea only accepts orders to be delivered to the following countries: Austria, Belgium, Croatia, Denmark, Estonia, France, Germany, Greece, Italy, Latvia, Lithuania, Netherlands, Poland, Portugal, Slovenia, Spain and Sweden.
10.1.1. Pompea reserves the right to send information, advertising and promotional materials with the Products.
10.2. The Products are delivered by the courier selected by the Customer at the time of the order, 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 conditions of transport adopted by the courier selected by the Customer.
10.2.1. During the period of sales or promotional events, the times and methods of shipping and delivery may vary, but the Customer will be informed at the time of the order.
10.3. La consegna avviene presso l’indirizzo indicato dal Cliente al momento dell’ordine, salvo che il relativo pagamento avvenga tramite Paypal. In quest’ultimo caso, infatti, la consegna avviene all’indirizzo indicato dal Cliente nella pagina di pagamento Paypal, anche se diverso da quello specificato nell’ordine.
10.4. At the time of delivery, the Customer is required to check that the package is intact and, if the Customer detects damage or anomalies, they must refuse the delivery: otherwise, the customer will lose the possibility of exercising their rights.
10.5. If the shipment is not delivered and it has been stored for more than ten days, Pompea will cancel the Order and refund the price, using the same payment method chosen by the Customer during the purchase.
11. Liability
Pompea does not assume any responsibility for failures due to force majeure or unforeseeable circumstances, even if they depend on malfunctions and failures of the internet, in the event that they can’t execute the order within the times provided for by these General Sales Conditions.
In the event that the goods cannot be accepted by the Seller because they do not meet the requirements required to exercise the Customer’s rights referred to in the previous articles 6 and 7, it is the Customer's responsibility to recover the Products at their own expense. In this case, the Customer acknowledges and unconditionally accepts that Pompea will dispose of the uncollected goods in accordance with the law, after 30 (thirty) days from the communication that the goods are available.
12. Final clauses
The Products are sold with the characteristics described on the Website and according to the General Sales Conditions published on the Website at the time the order is placed by the Customer, with the exclusion of any other condition or term. For any legal information, see the sections:
Pompea reserves the right to modify at any time, at their discretion and without the need to provide any notice to users of the Website, their policies and these General Sales Conditions. By accessing the Website and submitting the Purchase Order, the Customer accepts the policies and the terms of the General Sales Conditions in force.
Pompea also reserves the right to modify at any time, at their discretion and without the need to provide any notice to users of the Website, the prices, the Products and their characteristics. Before sending the Purchase Order, the Customer shall check the final sale price and the characteristics of the Products chosen.
These General Sales Conditions consist of all the clauses they are composed of. The invalidity, nullity or inapplicability of one or more clauses will not affect the validity, effectiveness and applicability of the others.
13. Applicable law and competent Court and ODR
13.1. Any dispute relating to the application, execution, interpretation and violation of contracts stipulated through the Website is subject to Italian law except for the User-consumer who does not reside in Italy, where the law of the country that the user-consumer resides will prevail and be applied.
13.2. Depending on the Customer’s decision, the Court where the Customer resides or the Court of Mantua will deal with any dispute that cannot be settled amicably.
13.3. Pursuant to art. 14 of the EU Regulation No. 524/2013 of the European Parliament of 21 May 2013, Pompea informs the Customer that the European Commission has set up the ODR (Online Dispute Resolution) platform for the resolution of disputes arising from the purchase of goods online, accessible via the link https://webgate.ec.europa.eu/odr.
If you buy with Scalapay, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their assignees, and you authorize this transfer.