TERMS & CONDITIONS
Terms of Sale
The following general terms regulate the methods of sale of the products marketed by Poltrona Frau via the online platform available at the address www.poltronafrau.it/,com.
All contracts for sales of products by Poltrona Frau S.p.a. to third parties are regulated by these general terms of sale, which form an integral and essential part of every proposal, order and order confirmation of purchase of the products. The terms of sale applicable to orders are those in force at the date of the order itself.
ACCEPTANCE OF GENERAL TERMS OF SALE
1. The contract entered into between you and Poltrona Frau S.p.a. is understood to be concluded upon the acceptance - even only partial - of the order by Poltrona Frau S.p.a. That acceptance is considered to be tacit, if not otherwise communicated in any way to you. By making an order in the various ways, you declare to have read all indications provided to you during the purchase process, and to accept in full the general terms and payment conditions transcribed below.
2. Once you have concluded the online purchase process, you must print or save an electronic copy and in any case retain these general terms of sale, in respect of the provisions of Articles 49 et seq. of Italian Legislative Decree no. 206/2005 on distance sales.
3. 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.it/,com 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. All information provided in support of the purchase is considered to be simple generic informative material and is not related to the actual characteristics of an individual product.
4. 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. That confirmation message 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 guarantee that they are accurate and communicate any corrections promptly, by the methods described in this document.
5. If the order is not accepted, Poltrona Frau S.p.a. will promptly inform you.
Three main payment methods are currently available:
6. 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.
6.1 When purchasing goods using the Credit Card payment method, the transaction will be authorised at the time of the order.
6.2 If the order is cancelled, by you or if the same 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. Once the transaction has been cancelled, 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.
6.3 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.
6.4 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.
7. 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.
8. 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
DELIVERY METHODS AND COSTS
9. Poltrona Frau S.p.a. accepts orders for deliveries throughout Italy (including San Marino and the Vatican City)
10. 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.
11. The delivery costs are borne by you and are explicitly indicated when making the order. The payment of the goods 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.
You will pay for the goods 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: Italy shipping costs (including San Marino and the Vatican)
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
(*) NB: if the product is cancelled for reasons not attributable to PF, the total shipping cost will be charged to you and deducted from the sum to be refunded.
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.
If you do not accept the extra cost, you may request the cancellation of the order or the withdrawal.
12. 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 - even temporarily, Poltrona Frau S.p.a. has the right to refuse the purchase request from you by formal email communication, in which it 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 refund any sums already paid by you as soon as possible and in any case by and not beyond 14 days from the date on which the order was cancelled.
If the payment was made by bank transfer, you must recall the same; otherwise, you will responsible for sending a copy of the bank transfer order made with the indication of the bank details.
The refund may not be made to a person other than the payer.
13. Poltrona Frau S.p.a. undertakes to respect, as a maximum delivery timescale, a period no greater than 60 days, subject to cases of force majeure. 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 Italy. 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.
14. The shipments will always be considered to be made at floor level. Bulky products will be assembled by an operator instructed by Poltrona Frau.
Upon delivery of the goods 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 8 days from the delivery via the Contact Centre.
15. 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, 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.
RIGHT OF WITHDRAWAL
16. In accordance with Articles 52 et seq. of Italian Legislative Decree 206/2005, if you are a consumer (namely, a natural person purchasing the goods for purposes not related to professional activity), you have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and with no penalty, with the exception of types of products for which this is expressly excluded (see Art. 59 of Italian Legislative Decree 206/2005) and without prejudice to what is indicated in point 17.
17. To exercise that right, you must send to Poltrona Frau S.p.a. a communication in that sense, within 14 days from the date of receiving the goods. That communication must be made by contacting the Contact Centre in the indicated ways.
Once the aforementioned communication of withdrawal has been received, the Poltrona Frau Contact Centre will communicate the instructions for collecting the products without undue delays and in any case within 14 days from the authorisation.
No returned goods will be accepted if they are not authorised for the return.
18. The right of withdrawal is in any case subject to the following conditions:
- the right applies to the purchased product as a whole; the withdrawal may not be exercised for only part of the purchased product
- the purchased good 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 to affix the label provided by Poltrona Frau S.p.a, indicating the RMA (return merchandise authorisation). In all cases, avoid affixing labels or sticky tape directly onto the original packaging of the product;
19. Upon its return, the product will be examined to assess any damage or tampering not deriving from transportation.
20. Poltrona Frau S.p.a. will refund to you the entire amount already paid (excluding ANY shipping costs), within 14 days from receiving the communication of withdrawal.
Refunds will be made using the same payment method used by you for the initial transaction, according to the reversal procedure of the sum charged to the Credit Card/PayPal or by bank transfer.
For bank transfers, you must promptly provide the bank details at which to obtain the refund (IBAN code of the current account of the invoice addressee). Poltrona Frau S.p.a. may suspend the refund until receiving the products.
(*) If the returned good appears to have been damaged - deriving from tampering other than that necessary to establish its nature, characteristics and functioning, Poltrona Frau reserves the right to communicate the rejection of the refund, in full or partially.
21. Notwithstanding that you are responsible only for the reduction of value of the goods resulting from tampering other than that necessary to establish the nature, characteristics and functioning of those goods, the right of withdrawal is excluded in relation to:
- the supply of goods that risk deteriorating or expiring rapidly;
- the supply of sealed goods that are not fit to be returned for hygiene reasons or reasons connected to health protection or that have been opened after delivery;
- damage to the product for reasons other than transportation (*)
22. 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 period has ended, it will be removed without further notice.
23. 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.
24. 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 the private Consumer (natural person purchasing the goods for reasons unrelated to professional activity).
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.
25. 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.
26. No damage may be claimed from Poltrona Frau S.p.a. for any delays in making repairs or replacements.
27. In cases where the application of the guarantees involves the return of the product, the good 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.
28. Poltrona Frau S.p.a. is the data controller and it carries out the processing necessary to pursue the purposes.
29. Any complaint should be sent to:
Poltrona Frau S.p.a. via the Contact Centre.
30. The sale contract between you and Poltrona Frau S.p.a. is understood to be concluded in Italy and regulated by Italian Law. To settle civil and criminal disputes deriving from the conclusion of this distance sale contract, if you are a consumer, the territorial jurisdiction is that of the court based in your municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Milan.
In accordance with and for the effects of Italian Legislative Decree no. 130 of 6 August 2015, containing provisions for implementing Directive 2013/11/EU on alternative dispute resolution for consumer disputes, we communicate the existence of an alternative online dispute resolution platform which can be found at the address below:
Online dispute resolution