1. INTRODUCTION AND DEFINITIONS
The Terms and Conditions of Purchase listed below are intended to regulate the relationship between PHO and the Customer in relation to remote purchasing (via internet on the website www.PHOfirenze.com) of Products.
Together with the other terms and conditions defined in these Terms and Conditions of Purchase, the words indicated and shown below with an upper-case letter assume the meanings as specified hereunder:
- PHO indicates Pholya s.r.l. in the person of its legal representative pro tempore with headquarters in Campi Bisenzio, Via Palestro - 50013 Campi Bisenzio FI - VAT and Tax Code.: 01994750485 - Economic and Administrative Index No. FI-358844;
- Customer: indicates the physical person who acts for personal purposes unrelated both to the professional activity and to the entrepreneurial activity possibly performed and concludes contracts of sale with PHO;
- Site: indicates the Internet site, www.PHOfirenze.com, of which Pholya s.r.l. is the owner;
- Parties: Indicates PHO and the Customer;
- Products: indicates the goods sold by PHO and purchased by the Customer as specifically stated in the Order Confirmation having the qualities described on the Site;
- Contract: indicates the agreement concluded between PHO and the Customer, governed by these Terms and Conditions of Purchase;
- Order Confirmation: indicates acceptance of the Customer, sent by electronic means of the price(s)/product(s) (in the case of several goods), of any transportation costs, of the quality of the product and of the provisions, all reported in these Terms and Conditions of Purchase;
2. SUBECT OF THE CONTRACT AND CONCLUSION
2.1 - Conclusion of the contract occurs when PHO receives the Order Confirmation sent by electronic means.
2.2 - With conclusion of the contract PHO undertakes to supply the Products to the Customer under the terms and conditions established in these Terms and Conditions of Purchase. PHO reserves the right not to proceed with orders received from subjects without sufficient guarantees of solvency.
2.3 - With the sending of the Order Confirmation, the Customer unconditionally accepts and undertakes to comply with, as does PHO, the provisions all contained in these Terms and Conditions of Purchase.
2.4 - With regard to the above, the sending of the Order Confirmation presupposes the integral knowledge and unconditional acceptance by the Customer of these Terms and Conditions of Purchase and of the additional information contained in the web page of the Site.
3. OBLIGATIONS AND WARRANTIES
3.1 - PHO sells on the Site only first quality products, which the same company packages using raw materials from producers carefully selected for their strict quality controls.
3.2 - PHO also sells on the Site products which it producers upon Customer request.
3.3 - These products as they are customised in terms of colour and size, are to be considered as "custom" and, as such, they are not subject to legislation or to the consequent entitlement to exercise the right of withdrawal.
3.4 - Products presented and visible on the Site correspond to the characteristics and quality actually possessed. However, due to photo-editing and to various monitor resolutions, PHO is not able to guarantee the exact correspondence between the actual colours of the Products and those reproduced by the monitor of the Customer.
3.5 - Both parties shall give notice of the fact that the products presented on the Site at the time of access by the Customer may, at the subsequent time of submission of the Order Confirmation, have become unavailable or have run out. In this case the Customer will be promptly notified by PHO via email of the changes on the quality and quantity entered in the Order Confirmation and on possible time frames regarding the restocking of exhausted goods. Where the Customer wishes to accept the changes communicated, PHO, having received a new Order Confirmation, will implement the latter; conversely, where the Customer does not provide confirmation of the wish to proceed with the new indications concerning the availability of the goods, the contract must be understood as terminated and the first Order Confirmation sent will be devoid of any effect. The sums charged will be immediately returned to the Customer in accordance with the time schedule determined by the type of payment chosen by the Customer. In the event of the conclusion of a reduced order due to the reduced availability of products, PHO will refund the greater sum paid by the Customer with the first Confirmation Order.
4.1 - The prices are inclusive of VAT. In the case of personal purchase from the online catalogue, the prices usually include the costs of transportation to the domicile of the Customer, except where otherwise indicate. These will be communicated separately and will be indicated to the Customer at the time of conclusion of the Order Confirmation.
4.2 - Payment can be made online via:
- The Paypal Circuit: the most secure online payment;
- Credit Card: via the Paypal circuit with a secure connection.
4.2 - In the case of payment by Paypal account or credit card, the financial information (for example, the credit/debit card number or the date of its expiry) will not pass through the PHO portal but will be forwarded via encrypted protocol to PayPal (Europe) S.à.r.l. that provides for our Site the relevant remote electronic payment, without third parties in any way having access to it. For this reason such protected information will in no way be reused by PHO that will not have access to the same.
4.4 - The only electronic information that PHO will receive from PayPal (Europe) S.à.r.l. will be used to complete the procedures relating to the purchase, to issue any refunds in case of any returns of products and to fulfil the order.
5. PRODUCT DELIVERY
5.1 - Delivery of the goods must be understood in any case as performed at the business premises of PHO.
5.2 - For Products purchased from the online catalogue, deliveries that are made in Italy or in foreign countries will be entrusted to leading and reputable couriers and the transportation costs will be agreed with the payee.
5.3 - In any case, for every single order the price of shipping costs will be indicated in detail to the Customer before conclusion of the Order Confirmation. With regard to shipments involving customs charges, the same will be charged pursuant to law in whole to the Customer in accordance with the provisions of the law of the country of final destination of the goods.
5.4 - In the case of Products purchased from the catalogue, delivery of goods is carried out with remittance to the carrier for transportation; with this Pholya is understood as being exempted from every risk relative thereto and Pholya cannot be held responsible from the moment the goods leave its premises.
5.5 - Where the Customer so requests, the risk will be covered by a transportation insurance policy to be concluded at the expense of the same.
6. RIGHT OF WITHDRAWAL
6.1 - Pursuant to the provisions of Legislative Decree of 06/09/2005, in order to ensure complete satisfaction of the consumer, PHO recognises to the Customer the right to withdraw from the purchase contract without any penalty and without specifying the reason within 14 working days starting from the day of receipt of the Products. Personalised items or those which are custom-packaged are excluded from the right of withdrawal
6.2 - The right of withdrawal must be exercised within the afore-mentioned period by informing PHO via email to the address info@PHOfirenze.com, communicating the following information:
- Name and surname;
- Order reference, date and number;
- Indication of the products to be returned.
- If the return shipment will be arranged by us and in this case, the day when the courier will go through withdrawal, and the withdrawal of the parcel address if different from the delivery address;
- If, alternatively, the return shipment will be managed by a courier of the Customer;
6.3 - Where Products have already been delivered, the Customer must return them within 14 calendar days of the date of receipt of the product.
6.4 - In addition to observance of the times and modes indicated in the preceding sections of this paragraph, the right of withdrawal may be correctly exercised where it is performed in accordance with the following conditions:
- The Products must not be used;
- The Products must be returned in their original packaging.
- The Products being returned must not be "custom" produced.
- Returned Products must be sent to PHO in a single shipment. PHO, in fact, reserves the right not to accept products for one order returned and shipped at different times.
- The Products must be returned to PHO within the delivery deadline indicated in point 6.3.
6.5 - Where the right of withdrawal is exercised by the Customer in compliance with the provisions contained in these Terms and Conditions of Purchase, PHO will, having verified the legitimate exercise of the right of withdrawal and the correct return of the delivered goods, refund the sums already collected minus only any shipping costs where relevant and incurred. Refund will take place within a maximum of 30 days from the date of acceptance of the return (confirmed by email sent to the Customer). Return of the amounts refunded will take place in the currency corresponding to the currency of the payment.
6.6 - Where the Customer does not exercise the right of withdrawal in accordance with the formalities prescribed in these Terms and Conditions of Purchase, the Customer will not be entitled to refund of the sums already paid to PHO. In any case the Customer is entitled to request at its own expense return of the Products in the state in which they were returned.
7. REFUND METHODS
7.1 - After the Customer has returned the Products, PHO will communicate acceptance of the return where, having carried out the necessary checks relating to conformity of the return against the conditions listed in paragraph 6.4, these verifications have a positive outcome.
7.2 - The refund procedure will be activated by PHO within a maximum period of 30 days from the time of acceptance of the return.
7.3 - If there is no correspondence between the recipient of the Products indicated in the Order Confirmation and the Customer who placed the order, the refund referred to in this paragraph will be in any case intended for the Customer.
8. INTELLECTUAL PROPERTY AND TRADEMARKS
8.1 - All the materials contained on the www.PHOfirenze.com Site are, without exception, the property of PHO. The reproduction and even partial use of the materials on the Site, without the prior written permission of PHO, is a serious offence and PHO reserves the right to take any action to safeguard its own interests before the competent judicial authorities.
8.2 - The correct use of the material on the Site consists solely of its display aimed at the viewing of products and evaluation of the interest to purchase and the use of what is necessary for the adoption of measures aimed at completion of the order in the cases where the Customer has decided to proceed with the purchase.
8.3 - Pholya owns the "PHO" trademark of the "PHO" logo and the www.PHOfirenze.com domain. Any unauthorised use of the afore-mentioned brands without written permission from PHO constitutes a serious offence and PHO reserves the right to initiate any action to safeguard its interests before the competent judicial authorities.
9. APPLICABLE LAW
9.1 - The Terms and Conditions of Purchase are regulated by Italian law and in particular by Legislative Decree 6th September 2005, no. 206 in respect of remote contracts and by Legislative Decree 9th April 2003, no. 70 on certain aspects of electronic commerce.
10. MODIFICA E AGGIORNAMENTO
10.1 - These Terms and Conditions of Purchase are subject to change and update in relation to possible changes in the relevant regulations. Changes to the Terms and Conditions of Purchase will be effective as of their date of publication on www.PHOfirenze.com.