TERMS & CONDITIONS
Terms and Conditions of Sale
These terms and conditions of sale (hereinafter the " Agreement") govern all sales contracts entered into between Poltrona Frau S.p.a., a joint stock company, incorporated under the laws of Italy, registered with the companies registry of Milano, Monza Brianza, Lodi under number 05079060017 in 09/05/2016, REA Number MB-1862380 with a share capital of 39.000.000,00€ with its principal address at Via Luigi Busnelli 1, 20821 Meda (Monza and Brianza), Italy, with intra-community VAT number 05079060017 TVA N. FR 90853997047 (hereinafter "Poltrona Frau S.p.a.", "we", "us", "our") and any consumer, within the meaning of the provisions of the French Consumer Code, who is at least 18 years old and has legal capacity (hereinafter the “Customer” or “you”) on the website www.poltronafrau.com/fr (hereinafter the “Site”).
The Agreement cancels and replaces any previous agreements, verbal declarations, negotiations, communications relating to the same subject matter.
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/fr 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.
PRICE - PAYMENT METHODS
The prices displayed on the Site are inclusive of VAT. Each publication of a catalogue cancels and replaces previous prices and offers.
All prices displayed on the Site are exclusive of delivery costs. Such costs will vary in accordance with the selected shipping method (see Section “Delivery Methods and Costs” below) and will be indicated separately in the purchase order summary and the confirmation email.
By clicking on the selected product(s), you are directed to a page that summarizes the characteristics of the product(s) and the price including VAT. In order to validate your order, you are asked to accept the Agreement electronically and to proceed with the payment, as detailed below depending on the payment method you choose.
Three main payment methods are currently available:
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.
When purchasing products using the Credit Card payment method, the transaction will be authorised at the time of the order.
If the order is cancelled, by you or is not accepted by Poltrona Frau, the latter will simultaneously request the cancellation of the transaction. The cancellation timescales, for some types of cards, depend exclusively on the banking system. Poltrona Frau 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.
In order to proceed with the payment, you will be asked to provide your credit card information (cardholder's name, card number, expiry date, CCV code) . Poltrona Frau S.p.a. reserves the right to request from you additional information or 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.
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 .
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.
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
DELIVERY METHODS AND COSTS
Poltrona Frau S.p.a. accepts orders for deliveries in mainland France (including Corsica), excluding overseas territories.
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.
The delivery costs are borne by you and are explicitly indicated when making and before validating 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.
Delivery costs are determined by zone, dimension, product and reason and will comply with the characteristics reported in the detailed Table 1 below. For sums higher than certain thresholds (indicated in Table 1) the delivery costs will be borne in full by Poltrona Frau.
Tab.1: Mainland France (including Corsica), excluding overseas territories delivery 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.
Poltrona Frau S.p.a. undertakes to respect, as a maximum delivery timescale, a period no greater than 60 days, subject to force majeure events (as detailed below). The maximum delivery time is calculated commencing from the date of concluding the contract (order acceptance). 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 .
Accessory products/small products will be delivered by rapid courier (DHL) in 5-8 working days for France. That provision does not apply if the order also contains “ma de-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.
The shipments will always be considered to be made at floor level. Bulky products will be assembled by an operator instructed by Poltrona Frau. 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 1 working days from the delivery via the Contact Centre.
If the ordered products present in stock at the courier's warehouses ha ve 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 Agreement 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 Agreement for reasons not attributable to Poltrona Frau, the total shipment and delivery costs 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.
Poltrona Frau S.p.a. shall not be liable for delay or failure in performing its obligations under the Agreement (and you shall not be entitled to credit or refund as a result of any such delay or failure) due to a force majeure event, within the meaning ascribed to this term by Article 1218 of the French Civil Code.
We shall not be liable in the event of delayed performance or non -performance of our obligations under the Agreement when it is caused by the absolute impossibility of implementing the legal or regulatory measures required (particularly in terms of health) to carry out our activity in the event of epidemics or pandemics.
RIGHT OF WITHDRAWAL
16. You have the right to withdraw from the Agreement entered into with us without justification or payment of penalties within fourteen (14) days. This period runs from the day on which:
- you or a third party designated by you, who is not the carrier, have taken possession of the products; or
- if you have ordered one or more product(s) as part of a global order, on the day you or a third party designated by you, who is not the carrier, took possession of the last product.
You expressly acknowledge that the right of withdrawal does not apply, in particular, to (i) products made to your specifications or clearly personalized; (ii) products which, having been delivered and by their nature, are inseparably mixed with other .
To exercise your right of withdrawal, you must send us, before the expiry of the withdrawal period, a clear and unambiguous statement by post or e -mail informing us of your decision to withdraw from the Agreement. A standard withdrawal form is attached as Appendix 1 hereto.
Contact: Poltrona Frau Spa, Via Sandro Pertini 22, 62029, Tolentino (MC), Italy , mail: firstname.lastname@example.org contact centre: https://www.poltronafrau.com/fr/contact
If you withdraw from the Agreement, we will refund all payments received from you, including delivery charges (except for additional charges related to your choice of another type of delivery than the cheapest sta ndard delivery offered to you by us), as soon as possible and at the latest within fourteen (14) days from the date on which we receive your withdrawal declaration. For this refund, we will use the same payment method as the one you used in the initial transaction, unless we have agreed on another solution together. Under no circumstances will we charge you for this refund.
We may defer the refund until we have received the product(s) returned by you or until you have provided proof that you have returned t he product(s) to us. You must return the product(s) to us immediately or, in any event, no later than 14 days from the date on which you inform us of the withdrawal from the Agreement. You bear the cost of returning the product(s). We reserve the right to refuse the return of a product that has been damaged, deteriorated, modified or in a condition that clearly demonstrates that it has been used for purposes other than the checks strictly necessary for you to assess the nature and characteristics of the product. The products must be intact and returned 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, on which you have to report the number of RMA (return merchandise authorization) that will be sent to you via mail by Poltrona Frau S.p.a on the same email address you provided during order process.
In all cases, avoid affixing labels or sticky tape directly onto the original packaging of the product.
Upon its return, the product(s) will be examined to assess any damage or tampering not deriving from transportation.
If the right of withdrawal is forfeited, Poltrona Frau S.p.a. will send the respective communication by email; if the product has already been collected, it will remain available to you at the Poltrona Frau S.p.a. warehouse for a period of 30 (thirty) days from the date of sending the recorded delivery letter. Once that perio d has ended, it will be removed without further notice .
At the time of delivery of your order, you must check the product to ensure that it corresponds to your order and that it does not contain any manufacturing defects or lack of conformity. Poltrona Frau S.p.a. is liable for any non-conformity of the products under the Agreement (Articles L. 217-4 to L. 217-16 of the French Consumer Code) and any hidden defects in the conditions set forth in Articles 1641 to 1648 and 2232 of the French Civil Code.
Where you bring action on the basis of a statutory warranty of conformity, you:
- have the right to bring an action within a period of two years following the delivery of the product;
- may choose between the repair or replacement of the product, provided that your choice does not lead to a manifestly disproportionate cost in relation to the other option, given the value of the product or the extent of the defect;
- are not required to provide evidence of the existence of the product’s non- conformity during a period of 24 months following delivery of the product.
In addition, the statutory warranty of conformity applies regardless of any commercial warranties granted.
You may decide to enforce the warranty against hidden defects within the meaning of Article 1641 of the French Civil Code. In this case, you may choose between the rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
In cases where the enforcement of the warranties involves the return of the product, it must be returned by you; 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.
If your telephone number is collected by Poltrona Frau S.p.a., you have the right to register on the list of opposition to telephone solicitation available at http://www.bloctel.gouv.fr.
RETENTION OF THE AGREEMENT
If you entered into the Agreement with us on the Site, Poltrona Frau S.p.a. will store and archive on any medium, for a period of 10 years, all agreements entered into with you for a value of €120 or more and you will be able to access them at any time. This right of access may be exercised at any time by contacting : email@example.com.
For any request, additional information or assistance regarding the products or the ordering procedure as well as, in any case, for any request for information or clarification regarding the Agreement, you can send us an email to the following address: firstname.lastname@example.org contact us at +39 02 9707 2020 or contact the Contact Centre at the following address Via Sandro Pertini 22, 62029, Tolentino MC Italy .
APPLICABLE LAW - DISPUTES
30. The Agreement is governed by French Law.
In case of disputes you may use the online dispute resolution service proposed by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/. This right to use the mediation service is an alternative mechanism but does not constitute a prior condition to the exercise of the right to bring a claim before courts.
Any dispute arising from the validity, conclusion, interpretation, performance and/or termination of the Agreement shall be brought before (i) the court of the place where Poltrona Frau S.p.a. is domiciled, or (ii) the court of the place where you are domiciled, or (iii) the competent court of the place where the products are delivered.
Model Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the Agreement)
To the attention of Poltrona Frau S.p.a. [ Via Sandro Pertini 22, 62029, Tolentino (MC) Italy,
I hereby notify you of my withdrawal from the Agreement for the products: Ordered on: [...](*) / Order received on: [...](*)
Customer's address: Street:
(*) Delete as appropriate