GENERAL CONDITION OF SALE
These Terms and Conditions (the “Terms and Conditions”) have been prepared in accordance with the Italian Civil Code, Italian Legislative Decree 70 dated 09.04.2003 concerning e-commerce services, and Legislative Decree 206/06.09.2005 (the Italian Consumer Code) and in particular with Section 1 of Title III of Part III (Articles 45-67). They govern the offer and sale of products on the website www.pinko.com (the “Website”).
The PINKO products featured on the Website (the “Products”, also in the singular form) are sold by FiloBlu S.p.a., Via Caltana, 116/C – 30030 Santa Maria di Sala (VE), C.C.I.A.A. Venezia Rovigo Delta Lagunare al n. REA 354686 del Registro delle Imprese, C.F. P. IVA n. 04274870288, under licence from Cris Conf S.p.A., VAT number 01516210349 headquartered at Strada Comunale per Fornio 132dx, Fidenza, the owner of the Website.
Scope of application
- The Terms and Conditions apply to all sales contracts made via the Website by FiloBlu SPA, as identified above, hereinafter the “Vendor”.
- The Terms and Conditions may be amended at any time. Each Buyer is required to read the Terms and Conditions before making any purchase.
- In any event, the version of the Terms and Conditions in force on the date on which the purchase order was sent, will apply.
- The Terms and Conditions apply regardless of the Buyer’s nationality, provided that the products are to be delivered in one of the countries for which the Website provides an online sales service as specified in paragraph 2.
Countries of delivery
The Products purchased on this Website can currently be delivered to the following countries:
• San Marino
• United Kingdom
• Czech Republic
• Former Yugoslav Republic Of Macedonia
• United Arab Emirates
• Saudi Arabia
• South Korea
• United States
- The Vendor may extend or reduce the list of countries in paragraph 2.
- Deliveries can also be made to the Republic of San Marino and the Vatican City.
Online purchases – Restrictions
- The purchase of Products on the Website is reserved exclusively to individuals acting as consumers, who are older than 18.
- Consumer indicates a person acting for purposes unrelated to the business or commercial activity, trade or profession.
- Purchases made on the website imply that the Buyer has read, and unconditionally accepted the Terms and Conditions.
- Before buying online the Buyer shall complete the Vendor's online order form, and send it electronically, following the instructions given.
- Prior to confirming the order, the Vendor is legally required to provide the Buyer with all the information referred to in Article 49 of the Italian Consumer Code; information about the right of cancellation, in particular, will be provided in the Instructions on cancellation contained in Annex I Part A of Article 1 (1) of Italian Legislative Decree 21 dated 21.02.2014.
- To complete the order, the Buyer shall confirm the payment for the Products in the cart; after selecting the Products and confirming the Buyer’s details the Website will redirect the Buyer to the Adyen payment systems page, which will manage the payment transaction.
- Any orders for which no payment transaction has been registered will automatically be cancelled.
- On receipt of confirmation of payment as indicated on the order, the Vendor will send the Buyer email confirmation of the order to the address specified during the login, as required by Article 51 (7) of Italian Legislative Decree no. 206/2005.
- The offer of products on the Website is a public offer as defined in Article 1336 civil code; the compilation and successful dispatch of an order via the Website therefore constitutes acceptance of the offer. The contract will be considered to have been made when the Vendor receives the Buyer’s acceptance, on the above-mentioned order form.
- However the Vendor may refuse to accept the order if the credit card or other e-payment is not authorised.
- The Buyer may, at any time, monitor the status of his or her order by contacting the Customer Service through the relevant section, or using the tracking number given in the shipping confirmation email.
- In any event the Buyer is required to keep the order number given by the Vendor, and this number should be quoted in all correspondence with the Vendor.
- Sales contracts on the Website can be made in the following languages:
- Once the Buyer has completed the online purchase, the Terms and Conditions should be kept for reference. The reading and acceptance of the Terms and Conditions is a mandatory part of the purchase process.
- If the order is not accepted (case 4.12), the Vendor will promptly inform the Buyer by email.
Choice and availability of Products
- The Products offered for sale on the website are PINKO-branded garments and accessories included in the online catalogue at the time the Buyer made the order.
- The Product catalogue may be updated by the Vendor. The Vendor therefore provides no guarantees that a product will be available online. Under no circumstances can the Vendor guarantee availability of all sizes or models for each garment/colour.
- In the product catalogue, each item is accompanied by a description of its main characteristics. Images and colours may not correspond exactly to the real customer characteristics due to the effect of the computer settings or devices utilised by the Buyer to view the Website. Images are therefore published for information only and are subject to the usual tolerance limits.
- If the chosen Product is not available, despite being selected on the order form, the Vendor will promptly inform the Buyer by email and offer the termination of the sale contract and a refund of the price including any delivery costs, if already paid.
Prices, conditions of purchase and means of payment
- The retail prices are those published online at the time of completion of the order. They include VAT, if applicable, depending on the country to which the Products are shipped. For shipments to the UK, Poland, Switzerland, the Czech Republic, Russia, Japan and the USA, payment is made in local currency; for other destinations, payment is made in euros.
- The prices quoted in the online catalogue may be varied without notice. The Buyer is therefore responsible for checking the final price before submitting the purchase order.
- The Vendor may also charge different sale prices depending on the country to which the products are delivered.
- The Products may only be paid for with the following methods:
- The sale price will be debited at the time the order is shipped.
• Credit card (Visa, MasterCard, American Express)
• SEPA Direct Debit (where available)
Terms of delivery, costs and other charges
- The Products will be delivered by courier directly to the Buyer, at the delivery address as specified in the order.
- The Website allows the Products to be delivered to an address other than the Buyer’s address, provided that the address is within the shipping country indicated when the order is made. In any event, the Buyer is responsible for providing all the information necessary for successful delivery (for example, for deliveries to third parties, specify the name on the doorbell).
- Products purchased via the website cannot be collected directly from the Vendor’s warehouse.
- The delivery costs and methods may vary depending on the country and shipping method chosen by the Buyer, in accordance with the table available on the Website.
- These costs and any additional charges are payable by the Buyer. The amount must be indicated separately in the order summary before the Buyer submits the order, and also in the email confirming the order, referred to in Article 4.
- When the Products are delivered to the courier, the Buyer will receive a confirmation email from the Vendor, expressly indicating the name of the courier and the shipping details.
- The delivery time will vary depending on the destination country and chosen shipping method.
- In Italy, delivery takes between 1-5 working days; in other countries the delivery times will vary depending on the chosen shipping method. These are indicated in the table available on the Website.
- Not all the shipping methods provided by the Vendor’s courier will be available in all the countries in which products can be bought online.
- Both in Italy and abroad, the delivery process requires that if the recipient is absent at the time of the courier’s visit, the courier will leave a notice with information about who to contact to agree a second delivery.
- The Buyer may check the progress of his or her order using the tracking number provided in the shipping confirmation email or by contacting the Customer Service, via the relevant section.
- The Products are considered to have been delivered at the time when the consumer or other third party designated by the Buyer (other than the courier) takes physical possession of the goods; from that time, the legal risk of loss or damage of the Products for reasons not attributable to the Vendor, is transferred to the Buyer.
Buyer’s obligations on delivery
- The Buyer confirms that the collection of the Products is an obligation deriving from the sale contract agreed with the Vendor.
- If the Products are not delivered because the recipient was out, after the scheduled delivery attempts have been made, the package will be left on deposit.
- If the package is not collected on the dates indicated by the courier on the notice left for the Buyer, it will be returned to the Vendor.
- In the case referred to in paragraph 8.3, the contract will be legally terminated in accordance with Article 1456 civil code, by means of an email sent to the Buyer. Therefore the order will be cancelled, to all intents and purposes. Within 15 days of the above communication the Vendor will refund the full amount paid by the Buyer for the Product, less the costs of the unsuccessful delivery, the costs of returning the Products to the Vendor, and any other cost that the Vendor may have incurred due to the non-delivery resulting from the absence of the Buyer or failure by the Buyer to take action in receiving the delivery.
- Any reimbursement due in accordance with paragraph 8.4 will be credited to the same card/payment method used by the Buyer.
- Following the communication referred to in paragraph 8.4, the Buyer will have to make a new order, if he or she intends to request the delivery of the products.
- The Vendor may refuse orders from Buyers against whom the Vendor had previously enforced the express termination clause (paragraph 8.4) due to failure in the obligation to receive the products.
- On receipt of the Products, the customers should check that they conform to the order, paying particular attention to the following:
- The Buyer should then sign the transport note only after having carried out the checks referred to in Article 8.8.
- If the Buyer does not proceed in accordance with the above and therefore accepts the products even if the packaging has been damaged or tampered with, the Buyer will lose the benefit of the products’ legal conformity warranty.
the number of parcels indicated on the courier’s letter corresponds to the number actually delivered;
the pack is intact and has not been damaged or tampered with.
Any irregularities (tampering, damage to the package) should be specifically indicated in writing on the courier’s transport notes. The Buyer should refuse the delivery. The Buyer should report the incident to the Vendor’s Customer Service department, via the relevant section.
Right of cancellation
- The Buyer, as consumer, may cancel the sale contract under Article 52 of Italian Legislative Decree 206/2005 (Consumer Code) without having to provide any explanation or incurring any penalties.
- The Buyer may exercise the right of cancellation within 14 days from the date on which the Buyer or third party other than the courier, designated by the Buyer, takes material possession of the Products.
- For multiple products ordered in a single order and delivered separately, the period indicated in Article 9.2 will take effect from the date on which the Buyer or the third party other than the courier, indicated by the Buyer, takes material possession of the final item.
- For deliveries of a product that consists of multiple batches or items, the period indicated in Article 9.2 will take effect from the date on which the Buyer or the third party other than the courier, indicated by the Buyer, takes material possession of the final batch or item.
- Prior to expiry of the deadline indicated in Article 9.1 the Buyer will inform the Vendor of his or her decision to exercise the right of termination. For this purpose the Buyer may:
- The cancellation period will be considered to have been respected if the notice of termination is sent prior to the expiry of the termination period as determined above.
- In the notice of termination the Buyer must specify for which Products the right of termination is being exercised.
- On receipt of the notice of termination, if sent in time, the Vendor will reimburse the full price for the products, excluding delivery costs, without delay and in any event within 30 days from the date on which the Vendor receives the goods at the warehouse. The reimbursement will be made using the same card/payment method utilised by the Buyer.
- Having exercised the right of termination, the Buyer must return the products without undue delay and in any event within 14 days from the date on which he or she informs the Vendor of his or her decision to withdraw from the contract by sending the products to the following address indicated in the instructions (right of cancellation, Annex I Part A as provided for in Art. 1 (1) of legislative decree 21 of 21.02.2014: CRIS CONF SPA C/O NIPPON EXPRESS ITALIA SPA, STRADA DELLE FONDERIE - 43036 FIDENZA (PR) Italia.
- For the purposes of complying with the returns period, the Products will be considered to have been shipped at the time they are delivered to the post office, or courier.
- The Products must be returned in the original packaging, including all the ancillary documents, tags, labels, seals, anti-shoplifting devices etc.
- The Buyer may return the Products using the postal service, or a courier of its choice.
- All the risks of loss or damage to the Products during shipping shall be paid for by the Buyer.
- As provided for in Article 57 (2) of the Italian Consumer Code, the Buyer is responsible for any impairment in the value of the products resulting from any handling other than that which is necessary to determine the nature, characteristics and functioning of the items.
- If, having received the returned goods, the Vendor finds that the value of the products has been impaired and the Buyer is responsible for this, the Vendor may offset the amount of the impaired value against the amount refunded to the Buyer as a result of the cancellation. In such a case, the Vendor will inform the Buyer within 14 days from receipt of the returned goods.
Legal conformity warranty
- All the Products sold on the Website have the benefit of the legal conformity warranty (Articles 128 et seq of the Italian Consumer Code). In any event this only applies to the consumer.
- By law the Vendor is obligated to deliver goods that conform to the sale contract.
- The Vendor is liable towards the Buyer in respect of any defect in the Products existing at the time of delivery, which manifests within two years of the delivery date.
- In order to benefit from the above guarantee, the Buyer must report the conformity defect to the Vendor within two months from discovery, failing which the complaint will be invalid, by contacting the Customer Service department via the relevant section. The complaint must contain a full, accurate description of the defect or fault.
- The Customer Service department will reply to the Buyer’s notification and provide instructions on how to return the defective product, which will be done at the Vendor’s expense.
- The Vendor may ask the Buyer to include the invoice or other document confirming the sale, together with the product in question.
- If the legal conformity warranty is operational, the Buyer has the right to the free repair or replacement of the Product, at his/her discretion, unless the requested remedy is objectively impossible or excessively onerous compared to the other solution.
- The Buyer may request an appropriate reduction in the price or termination of the sale contract only if the repair or replacement is impossible or excessively onerous or if the repair or replacement does not take place within an appropriate period or if the repair or replacement has caused considerable inconvenience to the Buyer.
- Under no circumstances may a minor conformity defect create a right to terminate the contract.
- Conformity defects and legal warranties do not include any faults or defects resulting from accidents, inappropriate use, the fault of the Buyer, or normal wear and tear.
- The Buyer’s details will be processed in accordance with Italian Legislative Decree 196/2003 (Data Protection Code), as specified in the data protection statement provided by the Buyer when completing the login form.
Customer service, complaints and communications
- The Buyer may contact the following office to receive any further information or assistance, or to send complaints: FiloBlu S.p.a., Via Caltana, 116/C – 30030 Santa Maria di Sala (VE) Italia
- All communications sent by email in accordance with the Terms and Conditions are to be sent to the address given by the Buyer at the time of login.
• Email: firstname.lastname@example.org
• Tel.: +39 041 8849048
Governing Law and competent Court
- Sale contracts made in accordance with the Terms and Conditions are governed by the laws of Italy.
- The court in the place of residence or domicile of the Buyer has jurisdiction over any dispute that may arise in relation to the interpretation of the Terms and Conditions of execution of the contract, provided that the Buyer is a consumer resident or domiciled in Italy. If the Buyer is not resident or domiciled in Italy, for any dispute between the Vendor and the Buyer in relation to the interpretation of the Terms and Conditions of the execution of contracts made under those Terms and Conditions, for actions brought by the Vendor, the Vendor may choose between the Court of Milan or the court in the Buyer’s place of residence or domicile. For actions brought by the Buyer, the Court of Milan shall have exclusive jurisdiction.
Customisation of Love Yourself items
- The basic colour can be chosen from the four available colours: customers cannot make up their own combinations from the available variants.
- Only personal names or nicknames can be entered.
- Names can be up to a maximum of 12 characters including spaces and numbers.
- Only one capital letter is permitted.
- No symbols, special characters or non-Latin characters are permitted.
- Love Yourself is available in all countries currently offering PINKO e-commerce.
- One customised Love Bag can be purchased, per order: if the customer requires multiple bags, the same number of orders must be submitted.
- Orders consisting of multiple items will not be finalised if the cart contains a customised item.
- This item cannot be purchased without customisation.
- No discount or promotional code can be applied.
- The price of the item must be paid at the time of order confirmation: cash on delivery and down payments are not accepted.
- Standard delivery is always free of charge. The customer is only responsible for the customs duty, for non-EC shipments.
- Shipping times do not include the 4-5 weeks necessary for the processing of the item, and will correspond to the delivery times stated in the relevant section of the website.
- The order may not be cancelled due to delays in fulfilment and delivery (problems with packaging, customs or courier).
- The right of cancellation may not be exercised for any customised items, except in the following circumstances: the name and the colours stated on the order confirmation do not match; obvious manufacturing defects.
- If the item is no longer available the customer will be reimbursed immediately.
- Claims dated more than one month after receipt of the bag will not be accepted.
- When not used, place the bag into the Dust Bag and insert the bubble wrap into the internal compartments to keep the correct shape.
- To clean the bag, simply wipe with a microfibre cloth.