Terms and Conditions

PRE-CONTRACTUAL INFORMATION - GENERAL TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale and use set out below (the "General Terms") govern access to and use of the website www.palomastore.it (the "Site") and apply to all sales (the "Services") provided by Paloma Store Srl, with registered office in Monselice (PD) – Via Verdi, n° 23/A – VAT No. 05705110285, which owns the Site (hereinafter the "Seller").

The Services may be used by anyone who:

• is a consumer and a natural person, where "consumer" means a natural person acting for purposes unrelated to any business, commercial, craft or professional activity they may carry out;
• is of legal age;
• has read the Privacy Policy on the processing of personal data;
• has accepted these General Terms.

1. Subject matter and scope

These General Terms apply to the Services offered on the Site. Any new services will be subject to these General Terms, unless otherwise stated on the Site.

The offer and sale of products on the Site constitute a distance contract governed by Articles 50 et seq. of Italian Legislative Decree no. 206 of 6 September 2005 (the "Consumer Code") and by Italian Legislative Decree no. 70 of 9 April 2003 on e-commerce.

These General Terms of sale may be updated or amended at any time; for each purchase contract, the General Terms published at the time the purchase order is submitted apply. For this reason, users are encouraged to save a copy of the General Terms from time to time.

2. Registration

Registration on the Site is free of charge. Users declare that the data provided when registering on the Site is correct, complete and truthful. When registering, users must also choose a password. Registration will be confirmed by email to the address provided by the user at registration. The Seller guarantees that the password for access to the Site will be used exclusively by the user and not disclosed to third parties. Users can change their password at any time by clicking the Forgot password link; an email will be sent to set a new password.

Please note that the data entered when placing an order and registering will be processed in accordance with the applicable privacy legislation. Please refer to the privacy policy.

3. Product characteristics

The products sold are those shown in the electronic catalogue published on the Site at the time the buyer places the order, and are sold with the characteristics described on the Site and in accordance with these General Terms of sale in the version published on the Site at the time the order is submitted, to the exclusion of any other condition or term.

Please note that the images and descriptions of the products published on the Site reproduce the actual characteristics of the products as faithfully as possible. However, such images and descriptions may not be perfectly representative of the products and must therefore be considered indicative, within normal tolerances.

The products on sale on the Site, their prices and/or characteristics are subject to change without notice. Before submitting the purchase order, buyers are invited to check the final sale price.

4. Pre-contractual information

In accordance with Italian Legislative Decree no. 70 of 9 April 2003 on e-commerce, the Seller informs the user that:

• to conclude the contract for the purchase of one or more products on the Site, the user must complete an electronic order form entering all their details (the user declares that the data provided when ordering is correct, complete and truthful) and follow all the different stages of the purchase;
• the user may check and correct any data entry errors before submitting the order;
• the contract is concluded when the order form is registered, after verification of the correctness of the order data and of payment;
• once the order form has been registered, the user will receive a confirmation email containing a summary of the General Terms, information on the characteristics of the product purchased, a detailed indication of the price, of the payment method used and of how to exercise the right of withdrawal. We recommend keeping this email as proof of purchase or saving it on a durable medium.

5. Purchase terms and conditions

The sale price, shown in the description of each product, is expressed in Euro / € and includes VAT. Shipping costs, also including VAT, must be added to this amount. The product price charged to the user is the one shown on the Site at the time the order is submitted, plus order processing and shipping costs. The price indicated at the time of purchase is not subject to change.

Unless expressly stated otherwise, no payment fees or other costs are due.

The products become the property of the user once the user has paid the price.

The purchase order will be processed only after confirmation of authorisation of payment of the total amount due, consisting of the purchase price and any additional costs, as indicated in the order form.

6. Payment

Payment of the purchase price and related shipping costs can be made by the user, at their choice, by one of the following methods:

• Credit/debit card: the card will be charged only after the details of the card used have been verified and authorisation for the charge has been issued by the issuing company;
• PayPal: payment is handled directly by PayPal in accordance with the terms of that service; the charge is made when the order is confirmed;
• Klarna and Scalapay: services that allow payment to be split into instalments. Use of these services is subject to the approval and contractual terms of the relevant provider, which acts as a third party. The Seller is not involved in the assessment or management of the financing or instalment relationship, which is directly between the user and the service provider;
• Bank transfer: the order will be processed only after the amount due has been credited to the Seller's bank account. The bank details and payment reference to be used will be provided when the order is placed. Users are encouraged to keep the transfer receipt;
• Cash on delivery: payment is made in cash directly to the courier at the time of delivery. This method carries a surcharge of €6.00 payable by the user, in addition to the purchase price and any shipping costs. The cash on delivery service is subject to the further conditions set out in the relevant section of the Site: Cash on delivery rules.

Unless otherwise and expressly indicated, no additional payment fees are due, except for the surcharge for cash on delivery.

The products become the property of the user once the price has been paid in full. The purchase order will be processed only after confirmation of authorisation or receipt of payment of the total amount due, as indicated in the order form.

7. Shipping and delivery

Processing time — Orders are processed Monday to Friday and handled the same day or the next working day. Orders placed from Friday afternoon through Sunday are dispatched the following Monday.

Delivery time — Once shipped, your order is delivered to the address provided within 24-48 working hours.

Carrier and costs — Shipping is handled by BRT throughout Italy. The cost is €6; shipping is free for orders of €89 or more.

Tracking — BRT sends you an email with a link to track your shipment. Alternatively, you can enter the tracking number in the "Shipment search" section of the BRT website.

Delivery address — It is the customer's responsibility to provide complete and correct shipping details. The address cannot be changed once the order has been placed; an incomplete or incorrect address may prevent delivery.

Delivery attempts — BRT makes two delivery attempts. If the recipient is absent on the second attempt as well, or if the address is incomplete or incorrect, the parcel is held at the BRT branch, where it can be collected.

8. Refund procedure

If the Seller is unable to fulfil the order because the product is unavailable, including after the order was placed, it will promptly inform the user. In that case the user will be entitled to a full refund of any amount already paid, which will be made without undue delay and in any case within 14 (fourteen) days of the notification, using the same payment method used for the purchase.

9. Warranty and return procedure for non-conforming products

Pursuant to Italian Legislative Decree no. 206 of 6 September 2005 (the Consumer Code), as amended by Legislative Decree no. 170 of 4 November 2021 implementing Directive (EU) 2019/771, the Seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within 24 (twenty-four) months of delivery.

The product is considered to conform to the contract if, among other things, it matches the description, type, quantity and quality published on the Site and has the characteristics and qualities normally found in goods of the same type that the consumer can reasonably expect.

Unless proven otherwise, any lack of conformity that becomes apparent within 1 (one) year of the delivery date is presumed to have existed already at that date, unless this is incompatible with the nature of the product or of the defect. After that period, it is for the consumer to prove that the defect was present at the time of delivery.

In the event of a lack of conformity, the consumer is entitled, as a priority, to have the product brought into conformity by repair or replacement, where technically possible and compatible with the nature of the product, at their choice and free of charge, unless the remedy requested is impossible or imposes costs on the Seller that are disproportionate compared with the other remedy. As a secondary remedy, and in the cases provided for by law, the consumer is entitled to a proportionate reduction in price or to termination of the contract; the latter is excluded where the lack of conformity is minor.

The Seller will bring the product into conformity within a reasonable time from the consumer's request and without causing significant inconvenience to the consumer.

The legal warranty is exercised free of charge for the consumer. All costs necessary to restore conformity, including any shipping, transport or return costs, will be borne by the Seller.

The legal warranty does not apply to defects resulting from use of the product that is not in line with its intended purpose or with the instructions and warnings provided by the Seller or contained in the relevant documentation, tags or labels, nor to damage resulting from normal wear and tear in relation to the nature and use of the product, from poor or incorrect maintenance, from negligence or from modifications made by the consumer.

Legal action to enforce lack of conformity not fraudulently concealed by the Seller becomes time-barred 26 (twenty-six) months after delivery of the product. The consumer is not subject to any time limit for reporting the defect.

To make use of the legal warranty, the consumer is invited to contact the Seller at customerservice@palomastore.it, stating the order number and the defect or non-conformity found and attaching photographic documentation useful for the assessment. Once the request is received, the Seller will check and assess the reported defect and will give the consumer instructions for any return of the product. It is recommended to return the product properly packed for safe shipping.

If, following the checks, the Seller finds that the defect complained of does not constitute a lack of conformity under this warranty, it will inform the consumer; in that case the product may be made available for return to the consumer.

Where the consumer is entitled to a refund of the price, it will be made, where possible, using the same payment method used for the purchase or, alternatively, by bank transfer. If the recipient of the product indicated in the order form is different from the person who made the payment, the refund will be made to the latter.

This legal warranty of conformity is independent of and distinct from the right of withdrawal (paragraph 2 of Shipping and returns), which the consumer may exercise within 14 (fourteen) days and in the manner indicated there.

10. Privacy and data processing

Please refer to the privacy policy.

11. Site content and intellectual property

The graphic layout of the Site, the texts, the images and all software compilations, the source code, the software itself and all material on the Site are the exclusive property of the Seller. All rights reserved. Reproduction, modification, duplication, copying, distribution, sale or any other exploitation of the images and content of the Site is prohibited unless previously authorised in writing by the Seller. Any use of the content of the Site for commercial and/or advertising purposes is also prohibited.

12. Applicable law and jurisdiction

These General Terms are governed by the Italian Consumer Code and by Legislative Decree no. 70 of 9 April 2003 on e-commerce. The Contract is governed by and construed in accordance with Italian law.

For the resolution of any civil disputes arising from the interpretation, performance and termination of this Contract, for consumer users the mandatory territorial jurisdiction is that of the court of the consumer's place of residence or domicile, if located in Italy. For other users it is the Court of Padua.