General Terms and Conditions
Art. 1 Preamble. The present website “shop.policomsrl.it” (hereinafter, the “Site“) is owned by Poli.com S.r.l., having its registered office in Milan, Via Caduti di Marcinelle n. 11, registered with the Companies’ Register of Milan, registration number MI-1920703, VAT number 06862680961, share capital amounting to € 250,000.00 fully paid up (hereinafter, “Poli.com” or the “Company“). These terms and conditions (hereinafter, “T&Cs“) apply both to consumers acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out, as defined under article 3, paragraph 1, letter (a) of the Italian legislative decree. 206/2005 (“Consumer Code”) (hereinafter, the “Private Customer“), and to users who purchase for business reasons exclusively related to the performance of their bar, restaurant and business activities (hereinafter, the “Horeca Customer“), (the Private Customer and the Horeca Customer, jointly, the “User“).
Art. 2 Object of the Contract. The offering and selling of Products on the Site constitute a distance contract whereby Poli.com sells, and the Customer purchases, the Products in the quantities and for the prices set out in detail on the Site.
Art. 3 Variations of T&Cs. The Company reserves the right to update, integrate and revise, in whole or in part, the terms and conditions of these T&Cs and any of the documents referred to herein, including the Privacy Policy. The User agrees to review the T&Cs periodically, but the Company will take all reasonable steps to inform the User of any amendments to the T&Cs through the Site. Changes to the T&Cs shall be effective from the date of publication on the Site and shall apply only to sales concluded afterwards. The Company will inform the Users of the amendments to these T&Cs and/or to the costs of the prices by publication on the Site. Amendments and updates will be considered accepted by the Users upon connecting to the Site or using the Site after the amendment has been published on the same. Should the User not agree with the amendments made, the User is requested not to use the Site and, if the User is already registered on the Site, the User can delete his account in accordance with Article 6.
Art. 4 User Data. The online Products sale service is automatically provided by IT systems. The User who intends to register or sign the contract by proceeding to the Registration and, subsequently, guarantees (i) in the case of Private Customer, to be over 18 years of age, and that the personal data provided are accurate, correct, updated, related to the person who inputs them or submitted with the consent of a third party and (ii) in the case of Horeca Customer, to be the holder of the VAT number indicated at the time of Registration and that the company information provided is true, correct and up to date. The User shall be fully responsible for the accuracy and truthfulness of the information provided. Should there be any amendments in the information provided by the Users, it will be the latter’s responsibility to inform the Company of the updates as soon as possible.
Art. 5 Cancellation/Rejection of Orders. Poli.com is entitled to refuse and/or cancel orders placed: (i) by a User who has previously violated the T&Cs and/or the conditions and/or terms of use of the Site; (ii) by a User who has been involved in fraud of any kind and, in particular, in credit card payment fraud; (iii) by Users who have provided false, incomplete or in any case inaccurate identification data.
Art. 6 Registration to the Site. The navigation of some sections of the Site and the fruition of the services offered within the Site are accessible free of charge also by Users not registered to the Site (the “Visitor Users“). The Company reserves itself the right to allow, even temporarily, Visitor Users to use the service and to access some areas normally reserved to Registered Users. In order to make full use of the services offered by the Site, registration to the Site is required.
Method of registration to the Site. In order to use the services of the Site, the User is required to register by providing certain personal information (hereinafter, the “Registration” and “Registered User“), indicating a valid personal e-mail address and creating a personal account (hereinafter, the “Profile“), following the relative registration procedure illustrated each time during the Registration, to allow the Company to have a sufficient purchase profile to be able to provide the services for the sale of the Products. Access to the Site is only allowed through the use of a username and a password. The Registered User may access his/her Profile at any time in order to update or modify the data entered, including information relating to his/her preferences. It is understood that the Registered User will be the only responsible for the truthfulness and up-to-dateness of such information.
Profile Cancellation. Registered Users may cancel their Profile at any time by sending a communication to the following e-mail address: commerciale@policomsrl.it with the subject “Account Cancellation Request”.
Art. 7 Conclusion of the Products’ purchase contract. The Products’ purchase contract is concluded when the request form is filled in correctly and the purchase is accepted by means of the online application form, after displaying a printable order summary web page containing the User’s details and the order, the price of the Products purchased, the shipping costs and any additional charges, the payment terms and conditions, the address where the Products will be delivered to and the delivery time. Once Poli.com receives the order from the User, Poli.com will send a confirmation e-mail or display a printable web page confirming and summarizing the order, which will also contain the data mentioned in the previous paragraph. The contract shall not be considered to be finalized and effective between the parties in the absence of what is indicated in the previous point. If the Product is not available after the order has been confirmed, Poli.com shall contact the User to inform him/her of the alternatives available in accordance with article 8 below. In the event that the User does not agree with any of the options set out and, consequently, is not interested in the alternatives, Poli.com shall refund the User the price paid. The languages available to the User for the conclusion of the contract for the purchase of the Products are Italian and English. Customer Service can, however, communicate with the User in Italian, English, Spanish and French.
Art. 8 Availability of the Products. The Products offered on the Site are the items indicated as available for purchase in the electronic catalogue published on the Site and displayed by the User when placing the order. The availability of the Products is monitored and updated. However, since the Site can be visited by several Users at the same time, it could happen that several Users purchase the same Product at the same time. Therefore, in such cases, the Product may be available for a short period of time, but it may be out of stock or not immediately available, and it may be necessary to restock it. If the Product is no longer available for the reasons set out above, or in any other case of unavailability of the Product, without prejudice to rights provided by the law, the User will be immediately informed by e-mail or by telephone. The User will be entitled to immediately cancel the purchase agreement and Poli.com will be held responsible for refunding the full price of the Product purchased.
Art. 9 Methods of payment. Any payment by the User may be made by: (a) bank transfer payable to: Poli.com S.r.l., Via Caduti di Marcinelle, 11, 20134 Milan, Italy – IBAN: IT48 M030 6916 3261 0000 0013 444. In the reason for the bank transfer, please quote the order number indicated in the order report e-mail; or (b) PayPal system.
Art. 10 Delivery times, places and methods. Poli.com shall deliver the purchased Products according to the terms and conditions set forth in the order confirmation sent to the User. Delivery times may vary from the day the order is placed to a maximum of 15 (fifteen) working days after the order confirmation. Delivery times may vary according to the service chosen by the User when placing the order, and in case of delivery to an “inconvenient” postcode or to the smaller islands. Poli.com commits to deliver only in the areas specified and covered by the DHL and TNT carriers’ service.
Art. 11 Prices. The sales prices indicated on the Site include VAT. Shipping costs and any additional charges, if any, although not included in the purchase price, will be indicated and calculated during the purchase procedure before the User submits the order and they will also be included in the web page summarizing the placed order. In the event that free shipping is provided for that type of delivery, this will be directly highlighted to the User during the order creation phase on the Site, based on the type of selected product and the relative quantities.
Art. 12 Impossibility to perform, liability and force majeure. Poli.com shall not be held responsible towards the User for the non-performance of the contract due to causes beyond its control as well as to unforeseeable circumstances and force majeure, including the case of disservices or malfunctions connected to the use of the Internet network and, in any case, for all the events that are beyond Poli.com’s control. Therefore, Poli.com may suspend performance of its contractual obligations when such performance is made impossible or unreasonably onerous by an unforeseeable impediment beyond its control such as strike, epidemic, boycott, lockout, fire, war (whether declared or not), civil war, riots and revolutions, requisition, embargo, power failure. The Company assumes no responsibility for content created or published on third party sites with which the Site has a hypertext link. The User who decides to visit a website linked to the Site does so at his/her own risk, assuming the burden of taking all necessary measures against viruses or other malware.
Art. 13 Product Warranty. Poli.com shall be held responsible for any defect in the Products offered on the Site, including the non-conformity of the items with the products ordered, in accordance with Italian law. In case of conformity defects, the User shall immediately contact Poli.com at the e-mail address commerciale@policomsrl.it or through the “Contact Us” section of the Site and specify the defects found and document them with photographic evidence. Products are subject to the legal warranties set forth in articles 129, 130 and 132 of the Italian Consumer Code. In case of non-conformity, the User who stipulated the contract as a consumer shall be entitled, alternatively, to: (i) reimbursement or appropriate reduction of the price in relation to the Products found to be non-compliant; (ii) repair or replacement of the Product found to be non-compliant at the expense of the Company, unless the remedy requested is objectively impossible or excessively costly compared to the value of the non-compliant Product; (iii) termination of the contract in the event of a serious lack of conformity, to be considered in relation to the overall value of the amount paid.
Art. 14 User’s Obligations. The User commits to pay the price of the Products in the time and manner indicated in the order confirmation. Poli.com shall not perform any order for which the payment of the purchase price has not been received.
Art. 15 Right of Withdrawal. The Private Customer has the right to withdraw from the stipulated contract, without specifying the reason, within the term of 14 (fourteen) days, starting from the day of receipt of the purchased Product, in accordance with the provisions of the Consumer Code. Pursuant to article 59 of the Consumer Code, concerning: (i) Products which are likely to deteriorate; and (ii) sealed Products which are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery, the right of withdrawal shall only be allowed for those Products not yet opened and therefore still intact at the time of delivery to Poli.com. No right of withdrawal is allowed for Products purchased by a Horeca Customer. If the Private Customer decides to exercise the right of withdrawal, he/she shall return the Products to Poli.com, giving notice thereof: (i) by registered mail with return receipt to the address Via Zona Industriale snc, 89052 Campo Calabro (RC); or (ii) by e-mail to the e-mail address: commerciale@policomsrl.it. The right of withdrawal applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, the right of withdrawal cannot be exercised only on part of the purchased Product. Only after returning the Products in the same condition in which they were supplied by Poli.com and in their original packaging, the Private Customer shall be entitled to a refund of the price paid within 14 (fourteen) days from the return. The costs of returning the Product shall be charged entirely to the Private Customer.
Art. 16 Privacy. Poli.com protects the privacy of its Users and guarantees that the processing of their data complies with the provisions of the privacy regulations set forth in Regulation (EU) 2016/679. The data controller is Poli.com S.r.l., with registered office at Via Caduti di Marcinelle n.11, Milan, Italy, registered with the Companies’ Register of Milan, No. MI-1920703, VAT No. 06862680961. For further details, please refer to the Privacy Policy on this Site.
Art. 17 Complaints. Any complaints you may have against Poli.com are to be sent to the following address: (i) Via Zona Industriale snc, 89052 Campo Calabro (RC); (ii) or sent by e-mail to the following address: commerciale@policomsrl.it; or (iii) to the following certified e-mail address: amministrazione@pec.policomsrl.it.
Art. 18 Applicable law. Disputes. These T&Cs are governed by and are to be interpreted in accordance with Italian law. Notwithstanding the case in which the rules provided by the Consumer Code are applicable, any disputes relating to the interpretation and application or rather the breach of these T&C, including the documents referred to herein and the other legal notices published on the Site and in general the relationship between the Company and the Users of the Site, shall be referred to the Court of Milan. Pursuant to article 141-sexies, paragraph 3 of the Consumer Code, Poli.com informs the Private Customer that, in case he/she has submitted a complaint directly to Poli. com, after which it has not been possible to resolve the dispute thus arisen, the Company will provide information on the Alternative Dispute Resolution entity or entities for the out-of-court resolution of disputes relating to obligations arising from a contract concluded on the basis of these T&Cs (so-called ADR entities, as indicated in art. 141-bis et seq. of the Consumer Code), specifying whether or not it intends to avail itself of such entities to resolve the dispute. Poli.com also informs the Private Customer that a European platform has been set up for the on-line resolution of consumer disputes (the so-called ODR platform). The ODR platform can be consulted at the following address //ec.europa.eu/consumers/odr/; through the ODR platform, the Private Customer can consult the list of ADR entities, find the link to the website of each of them and initiate an on-line dispute resolution procedure for the dispute in which he/she is involved. This is without prejudice, in any case, to the Private Client’s right to refer the dispute arising from these T&Cs to the competent ordinary judge, whatever the outcome of the out-of-court settlement procedure, as well as to the possibility, where the conditions are met, of promoting an out-of-court settlement of disputes relating to consumer relations by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code. The Private Customer who is resident in a member state of the European Union other than Italy may, in addition, have access, for any dispute relating to the application, execution and interpretation of the T&Cs, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, the amount of € 5,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.
Specific approval of the T&Cs pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code.
Pursuant to and for the purposes of Articles 1341-1342 of the Italian Civil Code, the parties declare to have read and understood the T&Cs and therefore expressly approve: Articles: 3 (Variation of the T&Cs), 4 (User Data), 5 (Cancellation/Refusal of Order), 6 (Registration on the Site), 8 (Availability of Products), 10 (Times, Places and Methods of Delivery), 12 (Impossibility of Performance, Liability and Force Majeure), 15 (Right of Withdrawal) and 18 (Applicable Rules. Disputes).