TERMS & CONDITIONS OF SALE
Terms and Conditions of Sale
These general terms and conditions of sale ("GTC") shall govern all contracts for the sale and delivery of the products ("Products") sold by Poltrona Frau S.p.a., having its registered office at Via Luigi Busnelli 1, 20821, Meda (Monza and Brianza), Italy, enrolled with the companies registry of Milano Monza Brianza Lodi, under No. 05079060017, REA Number MB-1862380 VAT No. 05079060017 USt-IdNr.: DE 296540612 ("Poltrona Frau S.p.a.", "we", "us", "our") to a purchaser acting as a consumer within the meaning of Section 13 German Civil Code (“BGB”), i.e. a natural person who enters into a legal transaction for purposes that can predominantly neither be attributed to its commercial nor its self-employed professional activity (“Customer” or “you”, “your”) via the online platform available at the address www.poltronafrau.com/de (hereinafter the "Site").The GTC applicable to sales contracts are those in force at the date of submission of the order.
I. CONCLUSION OF CONTRACT, ACCEPTANCE OF GTC
1. The presentation of the Products on the Site does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum). By clicking „ Jetzt Kaufen “ in the last step of the order process, you submit a binding offer for purchase of the Product(s) displayed in the order overview. The correct receipt of the order is confirmed by Poltrona Frau S.p.a. by email response, sent to the email address communicated by you, immediately after submitting the order, which however does not yet constitute the acceptance of your contract offer (“Receipt Confirmation”). The contract entered into between you and Poltrona Frau S.p.a. is concluded upon the acceptance of the order by Poltrona Frau S.p.a. by means of a separate email (“Order Confirmation”) or dispatch of the Product(s). Please regularly check the spam folder of your mailbox. That Order Confirmation will include the ‘Date’ and ‘Time‘ of processing the order and a 'Customer Order Number' to be used in any further communication with Poltrona Frau S.p.a. The message will include all details entered by you, which you undertake to check in order to ensure that they are accurate and communicate any corrections promptly, by the methods described in this document. If the order is not accepted, Poltrona Frau S.p.a. will promptly inform you.
2. By placing an order, which can only be placed after checking “I accept the terms and conditions”, you accept the validity of the GTC as an integral part of the sales contract. The non-acceptance of the GTC will result in the impossibility for you to purchase Products through the Site.
3. Once you have concluded the online purchase process, we recommend you to print or save an electronic copy and in any case retain these GTC, in respect of the provisions of Articles 49 et seq. of Italian Legislative Decree no. 206/2005 on distance sales.
II. ORDER PROCESS
1. You may only purchase the Products found in the electronic catalogue - managed by Poltrona Frau S.p.a. - which can be viewed online at the address www.poltronafrau.com/de as described in the respective specifications. The image accompanying the description of a Product may not represent its characteristics perfectly and may differ by colour, dimensions, and accessory products present in the picture.
2. You can select Products for purchase by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the Product selection in the shopping cart and the specification of all required order and address data in the subsequent step, you can click „Next“ to access a page that summarises the most important product details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the „ Jetzt Kaufen“ to button, you place a binding order in the meaning of Section I. (1).
III. PRICES AND PAYMENT
1. The prices displayed on the Site are inclusive of VAT.
2. All prices displayed on the Site are exclusive of delivery costs. Such costs will vary in accordance with the selected shipping method (see Section IV. “Delivery Methods and Costs” below) and will be indicated separately in the purchase order summary and the Order Confirmation.
3. The purchase price is due immediately after placing the order. Three main payment methods are currently available:
a. Credit card:
The payment system accepts cards of the Mastercard, Maestro and Visa circuits; PostePay are included but Visa Electron cards, not authorised for online payments, are excluded.
aa. When purchasing Products using the Credit Card payment method, the transaction will be authorised at the time of the order.
bb. If the order is cancelled, by you or if the same is not accepted by Poltrona Frau S.p.a., the latter will simultaneously request the cancellation of the transaction. The cancellation timescales, for some types of cards, depend exclusively on the banking system. Once the transaction has been cancelled, Poltrona Frau S.p.A may not in any case be held liable for any damages, direct or indirect, caused by a delay in refunding the amount by the banking system.
cc. Poltrona Frau S.p.a. reserves the right to request from you the transmission of a copy of documents proving that you own the Card used. In the absence of the requested documentation, Poltrona Frau S.p.a. reserves the right not to accept the order.
dd. Poltrona Frau S.p.a. is not able, at any time during the purchase process, to store your credit card details, which are sent via secure connection directly to the website of the bank managing the transaction. Poltrona Frau S.p.a. will not store those data in any IT archive. Poltrona Frau S.p.a. may not, therefore, be held liable for any fraudulent or undue use of credit cards by third parties, when paying for the purchased products.
b. My Bank:
If you select the MyBank payment type, you will be redirected to a page from which you can select the relevant bank.
By selecting the Bank, via Home Banking (which can be accessed using your credentials), you can send the irrevocable bank transfer payment in favour of Poltrona Frau S.p.a.
c. Bank Transfer:
You will receive an email containing all detailed information for making the payment; therefore, you will make the bank transfer at your bank.
The order will be accepted by Poltrona Frau only when the sum has actually been credited to the bank account held by Poltrona Frau. That credit must occur by and not beyond 5 working days from the confirmation date of the order by you. Once that deadline has passed, the order will be cancelled automatically. You must send a bank transfer corresponding to the sum specified in the order confirmation with the following references:
Account holder: Poltrona Frau S.p.a., VAT no. 05079060017, Via Luigi Busnelli no. 1, Meda (MB)
Bank: BANCA NAZIONALE DEL LAVORO
Reason: indicate carefully the reason identified in the order confirmation email
IV. DELIVERY METHODS AND COSTS
1. Poltrona Frau S.p.a. accepts orders for deliveries throughout Germany
2. For each order made, Poltrona Frau S.p.a. issues an invoice, sending it to the email address or residential address indicated at the registration stage. When issuing the invoice, Poltrona Frau S.p.a. will use the information provided by you when making the order. It will not be possible to change the invoice after the same has been issued.
ATTENTION: Carefully check the details entered in the “billing address” field as it is not possible to change those details, the content of the tax receipt or the invoice once the order has been accepted. The invoice will be made out to the address entered in the billing field when making the purchase and it will not be possible to address the invoice to a name other than the payer. The invoice cannot be changed once issued.
3. The delivery costs are borne by you and are explicitly indicated when making the order. The payment of the Products will be made using the method chosen at the time of the order. You will not have to pay any additional sums other than what is shown by the order total.
For sums higher than certain thresholds (indicated in Table 1) the shipping cost will be paid in full by Poltrona Frau S.p.a.
You will pay for the Products using the method chosen when making the order. You will not have to pay any additional sums other than what is shown by the order total.
The shipping costs are determined by zone, dimension, Product and reason and will comply with the characteristics reported in the detailed table:
Tab.1: Germany shipping costs
The shipping cost of Poltrona Frau products varies depending on the volume and value of the product(s) in the basket.
At the purchase/checkout phase, you will be shown details of the total shipping costs in the “Summary” area, dedicated to the cost summary.
Ladder truck, crane/boom, ZTL (restricted traffic zone) and other special services will be defined after a specialist assessment by the logistics provider
€200 - 2,500
For “special” deliveries that involve the use of non-standard vehicles or tools (e.g. crane, restricted traffic zone), you may be charged extra costs.
The extra cost will be defined after a specialist assessment by the provider.
You will be informed in advance of the extra costs and the delivery will only be made once you have accepted the new terms of sale.
4. The availability of Products on sale is limited to the availability or possible production of those Products and is a condition for the validity of the offers. If stocks are depleted at the time of your order, Poltrona Frau S.p.a. has the right to not accept your order. In such case we will inform you by formal email communication, in which we may also indicate any replacement Products that may be available. Except where you ask to purchase a Product to replace the one that is no longer in stock, Poltrona Frau S.p.a. will refrain from an Order Confirmation. In this case a contract will not be concluded and no payment will be processed.5. Poltrona Frau S.p.a. undertakes to respect, as a maximum delivery timescale, a period no greater than 30 days, subject to cases of force majeure. The maximum delivery time is calculated commencing from the date of concluding the contract (Order Confirmation). In the event of a delay exceeding 60 days, you and Poltrona Frau S.p.a. will agree upon any new delivery date. If the additional term granted expires without the Products having been delivered, you are legitimated to terminate the contract, subject to the right to compensation for damages.
6. Accessory Products/small Products will be delivered by rapid courier (DHL) in 5-8 working days for Germany. That provision does not apply if the order also contains “made-to-order/bulky Products”, in which case the shipment will occur jointly, following the regime of bulky Products indicated below.
Bulky Products (e.g. sofas, tables…) will be delivered by specialist courier in 6-8 weeks and always subject to appointment agreed with you; you will be contacted in advance by the Contact Centre.
7. The shipments will always be considered to be made at floor level. Bulky Products will be assembled by an operator instructed by Poltrona Frau S.p.A. You will be contacted in advance by the operator to agree an appointment.
Upon delivery of the Products by the courier, you must check:
- that the number of delivered packages corresponds to what is indicated in the transportation document sent in advance by email;
- that the packaging is intact, undamaged, not wet or altered, even in the closing materials (tape or metal straps).
Any damages to the packaging and/or to the Product or the lack of correspondence of the number of packages or indications must be immediately disputed, affixing a written reserve of control on the courier's delivery form. Once the courier's document has been signed, you may no longer make any objection regarding the exterior characteristics of what has been delivered. Any problems relating to the physical integrity, correspondence or completeness of the Products received must be reported within 15 days from the delivery via the Contact Centre.
8. If the material present in stock at the courier's warehouses has not been delivered within 10 working days due to the reiterated impossibility of delivery to the address indicated by you when making the order (2 delivery attempts will be made), the order will automatically be cancelled and the Product will be returned to the Poltrona Frau warehouses.
In that case, as in all cases of cancellation of the Product for reasons not attributable to Poltrona Frau S.p.a., the total cost of shipment will be charged to you and deducted from the refund amount.
Refunds will in any case be made using the same payment methods used by you for the initial transaction, according to the reversal procedure outlined in more detail in Article 20 below.
V. RIGHT OF WITHDRAWAL
1. The user has the right to withdraw from the sales contract in accordance with the following provisions:
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us Poltrona Frau Spa, Via Sandro Pertini 22, 62029, Tolentino (MC), Italy, telephone number +39 02 9707 2020, fax number +39 0733 909238 and e-mail address email@example.com ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us at Poltrona Frau S.p.a. via Sandro Pertini 22, 62029, Tolentino (MC) Italy, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
2. Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To Poltrona Frau Spa, Via Sandro Pertini 22, 62029, Tolentino (MC), Italy, fax number +39 0733 909238 and e-mail address: firstname.lastname@example.org :
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
VI. CLAIMS FOR DEFECTS
1. All Products sold by Poltrona Frau S.p.a. are covered in general by the conventional manufacturer's guarantee and by the 24-month guarantee for defects of conformity, in accordance with Articles 128 et seq. of Italian Legislative Decree no. 206/2005. To obtain the assistance under guarantee, you must retain the invoice (or transportation document) received at the registration email address.
2. The 24-month guarantee in accordance with Articles 128 et seq. of Italian Legislative Decree no. 206/2005 applies to the Product that presents a defect of conformity, provided that the Product itself is used correctly, in respect of its intended use and the provisions of the attached technical documentation. That guarantee is reserved to you as consumer.
In the event of a defect of conformity due to the supplier, Poltrona Frau S.p.a. will restore, at no cost to you, the conformity of the Product by way of repair/replacement or reduction of the price, until the termination of the contract.
If, following an intervention by an Authorised Assistance Centre, the defect is found not to be a defect of conformity in accordance with Articles 128 et seq. of Italian Legislative Decree no. 206/2005, the right to terminate the contract may no longer be exercised and you will be charged any costs of verification and restoration claimed by the Authorised Assistance Centre, as well as transportation costs, if incurred by Poltrona Frau S.p.a.
3. If, for any reason, Poltrona Frau S.p.a. is unable to provide to you a Product under guarantee (restored or replaced), it may, at its discretion, return the entire sum paid.
4. No damage may be claimed from Poltrona Frau S.p.a. for any delays in making repairs or replacements.
5. In cases where the application of the guarantees involves the return of the Product, the Product must be returned by you in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, we recommend, when possible, placing it into a second box. In all cases, avoid affixing labels or sticky tape directly onto the original packaging of the Product.
Poltrona Frau S.p.a. is the data controller and it carries out the processing necessary to pursue the purposes.
Any complaint should be sent to:
Poltrona Frau S.p.a. via the Contact Centre at https://www.poltronafrau.com/de/contact.
IX. APPLICABLE LAW, DISPUTES, ONLINE DISPUTE RESOLUTION
1. These GTC and all sales contracts between you and Poltrona Frau S.p.a. are construed in accordance with and governed in their entirety by Italian law. The choice of law may not, however, have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of German law.
2. Any dispute arising between the parties in relation to the interpretation, performance or termination of the GTC and/or any contract will be subject to the exclusive competence of the courts where you have your residence or domicile..
3. You will be entitled to use the platform set up by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). You may use the ODR Platform to resolve disputes relating to online purchases through the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.