The site Pennyblack consists of two computer applications:
- one dedicated to the Pennyblack.com institutional site, managed by the Manifatture del Nord S.r.l. Single-memberà company Max Mara Group, registered office in Via Mazzacurati No 6, Post Code 42122, Reggio Emilia, Italy, Tel. +39 05223581, Telefax service +39 0522 550018, REA (Repertorio Economico Amministrativo [Financial Administrative Index]): Reggio Emilia No. 182469 Business Registry of Reggio Emilia, Tax Reg. and VAT No.01397590355 EU VAT No. IT01397590355, Share capital 9.850.505,00 full paid up, hereinafter only “Manifatture del Nord”
- a company dedicated to the pennyblack.com digital business, managed by the Swiss on-line distributor for pennyblack IBox Sa products, a companyà governed by Swiss law, with registered office in Via Cantonale, Galleria 1, CH-6928 Manno, Switzerland - Share capital 1.882.000 CHF, which deals with all sales and transaction operations carried out inside the on-line sale of products such as: the handling of orders, relating to the sale and delivery of products, the handling of returns, guarantees, payments and invoicing.
GENERAL TERMS AND CONDITIONS
Scope of application
1. The general terms and conditions set out herein (hereinafter: "T&C") shall apply to all orders and purchases of clothing and accessories products (hereinafter "Products") on the pennyblack.com website (hereinafter: "Website") managed by IBox Sa, companyà regulated by Swiss law, with registered office in Via Cantonale 2b, CH-6928 Manno, Switzerland (hereinafter: "IBox") providing delivery to the following countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovenia, Slovakia, Spain, Sweden, Hungary (hereinafter: "Customer").
2. The Customer is bound to read the T&C carefully before making any purchase order.
3. By accepting the T&C and the dispatch of an order, the Customer hereby declares:
i. to having read, understood and accepted in full and without reservations the T&C; These general sales conditions are to be considered applicable and effective as long as they are published on the pennyblack.com website. Any changes to these general sales conditions will be published on the website and the new T&C conditions shall only apply to orders made as from the day of their publication.
ii. to be a consumer and want to purchase Products exclusively for personal use and not to resell them in the context of any trade or business activity, of any kind;
iii. to authorise IBox to safeguard, process, use and transfer to third parties and/or abroad the (personal) data contained in theorder for the purpose of performing it.
4. IBox will do its best to ensure that the information contained on the Website is accurate and updated. It could not however offer guarantees about this. The Customer acknowledges and accepts that the Products may not fully conform to the particulars, specifications and/or photographs found on the Website.
5. The presentation of the products on the website is an invitation to tender.
The order can be made through pennyblack.com internet website, by selecting any image of the product presented thereon and in any case by following the steps and instructions specified on the said website. In order to make any changes and/or corrections to the order, the Customer shall follow the relative instructions contained on the Website.
The amount of an individual order could not exceed a total sum of €10,000.
The order shall be sent by clicking on the button ’Buy nowà and it will be archived in the database safeguarding IBox orders for the period of time provided for by current legislation.
The order will then be considered as a contractual purchase proposal. Upon receipt of the order IBox will send the Customer an e-mail containing the order number and information about the ordered products, the price of each product, delivery expenses where applicable, the address for shipment besides methods of payment and indicative time schedules for delivery.
Such e-mail will not constitute acceptance of the Customer's purchase proposal, and serves only as confirmation of having received theorder. Upon receipt of theorder made by the Customer, Diffusione Tessile will verify the availability of the ordered products besides the accuracy of the information provided by the Customer.
The sale contract between IBox and the Customer is to be considered as having been fine-tuned whensending to the Customer, to thee-mail address given by thelatter with thepurchase order, of the written confirmation of the shipment.
The Customer's order may be refused in the event of an error in the information provided by the Customer, if the available products are out of stock, if insufficient solvency warranties are found, if the order does not meet the normal consumer needs (a requirement which applies both to the number of products purchased in the context of a single order and to the number of orders pertaining to the said product, even if each order comprises a quantity of products corresponding to normal consumer needs), or due to cases of force majeure.
If the order cannot be accepted, IBox will communicate within 10 days following receipt of the order, about any impossibility of processing theorder in subject and this will be followed with theimmediate release of the amount reserved for payment.
6. IBox will consider any request for cancellation of theorder received by IBox before the shipment of the Products to the Customer.
7. In the event that a particular Product to be found in theorder of the Customer is no longer available, IBox shall not have any obligation to supply the Product in question, but it shall be exclusively bound to inform the Customer promptly of that circumstance. If only a part of the Products mentioned in the order were available, IBox shall contact the Customer to ask whether it intends to cancel the order or if it is willing to receive only the available Products and/or any substitutes among those which are available; in such case the Customer will be charged only the amount related to the Products it will receive.
8. IBox reserves the right to reduce, at its sole discretion, the quantity of Products which may be purchased on the Website.
9. The prices of the Products shall in any case be those published on the site and mentioned in the invoice, in the currency stated when being purchased.
10. Shipment and delivery costs will be free of charge.
11. The payment shall be authorised by the Customer at the time when the purchase order is made, by credit card or in any other manner mentioned in the relevant section of the Website, and it will be actually debited at the time of the confirmation of shipment.
- in the case of PayPal payment, enter the details relating toaccess in the proper space on the PayPal page to which you will be automatically redirected, then complete the payment in the manner indicated by the service administrator.
During the purchase, pennyblack.com will save an acknowledgement code associated with the Customer’s PayPal account, which authorises exclusive use tied to future purchases, or the replacement of goods which have already been purchased, in order to avoid making again necessary the entering of their PayPal access data.
It would be possible to revoke at any time the authorisation mentioned above from within the personal area pennyblack. com, or by making an express request to Customer Service (email@example.com), or directly from Customer’s PayPal account. PayPal may require the Customer to re-enter their login credentials, should it be suspected that an unauthorised activity occurred linked to the use of the PayPal account.
12. The delivery of the Products shall be made to the delivery address shown by the Customer in the order. If there is evidence that the Product has been damaged or has been concealed or lost while being transported, we would ask Customer to contact our Customer Service department by and no later than 48 hours after via the link èContact us“ inside thearea relating to Customer Service on the website pennyblack.com. IBox will reimburse any sold Product which would have been damaged during the shipment made by its freight forwarder or which is missing, insofar as:
- the Customer would have communicated in writing through the page “Contact us” inside the area relating to Customer Service on the website pennyblack.com, the damage or the absence of the Product within the 48 (forty-eight) hours subsequent to the date of delivery;
- the Customer makes the original packaging available to IBox and, in case of damage, the Product in question;
- in case of damage, the Product still shows the numbered warranty seal, intact and unremoved, as fixed on the item of clothing at the time of quality control prior to shipment.
If only one of the above conditions is not complied with, IBox will not give any credit on the amount paid, nor see to replacing the Product which, in this case, shall be made immediately available to the Customer for withdrawal at own expense. IBox, in this case, will communicate by e-mail its refusal of the return, mentioning the place where the withdrawal should be made.
13. In principle, the Products will be delivered within 30 (thirty) days of order confirmation by IBox, without prejudice that the delivery times may vary according to the country of destination. In case the delivery is delayed for reasons not attributable to IBox, the Customer will be informed, as far as possible, of the new delivery date.
14. IBox reserves the right to refuse, suspend or cancel, in its own free discretion, the delivery or the fulfilment of any of the obligations arising from the sales contract, in the event of alleged fraud, default or breach by the Customer of obligations assumed with regard to IBox relating to previous orders and/or sales contracts. Should the ordered Products be required to cross customs (according to the country of destination), any customs charge related to the release of the goods shall be borne by the Customer; were the Customer to decide to reject the order once the item has arrived at customs, IBox will not give any reimbursement for the goods which will be abandoned on the spot.
Right of withdrawal
15. The Customer is entitled to return the Products purchased on pennyblack.com, without the charge of any penalty and without being obliged to give reasons therefor, within fourteen (14) calendar days starting from the day of receipt by the Customer of the Products under review or by the deadline laid down by applicable mandatory rules in the country of delivery of the goods, if this is any longer.
16. With the receipt of the Products by IBox, the sales contract shall be deemed cancelled for all legal intents and purposes, and all relative obligations, rights or claims shall lapse, without prejudice that if the Products returned to IBox are found to be damaged, IBox shall have the right to compensate for this damage with the payment for the Products already made by the Customer.
17. In addition to the foregoing (Articles 15-16), the right of withdrawal is subject to the following conditions:
i. Within fourteen (14) calendar days from the date of receipt of the Products by the Customer, the Customer may request for permission to proceed with the return. If the Customer is a registered user, he may request the return by accessing the section of the personal area My orders, clicking on RETURN. If the Customer has purchased as a guest and does not have a profile, he must contact the Customer Service directly;
ii. After receiving the authorisation to return, the Customer will be contacted by the assistance service to arrange the item’s withdrawal; the Customer will be given the UPS label and instructions on how to proceed.
The IBox refund procedure could only be activated from the same country of delivery.
. The return address of the returned clothing items is as follows:
Customer Care Pennyblack
c/o Magazzino resi B2C Pennyblack
Via Mazzacurati 4
42122, Reggio Emilia
iii. the Product being returned must not have been used, consumed, or damaged;
iv. the Product identification tag must still be attached to it;
v. the Product must be returned in the original packaging, with any accessories or instruction manuals, which are considered to be integral parts of the item.
vi. The returned Products shall be withdrawn by IBox at own expense only if so returned from the same country of delivery.
18. As soon as it can confirm that the envisaged conditions have been fulfilled, IBox will send the Customer an e-mail confirming the acceptance of the returned item and start off the refund procedure in such manner that the Customer receives reimbursement of the amount paid for the returned Products within the following thirty (30) days, irrespective of the method of payment previously adopted by the Customer. The reimbursement of the amounts paid by the Customer shall always be done exclusively in favour of the Customer who made the payment.
19. In case the damaged, incomplete and/or deteriorated Product is returned and/or the conditions of use do not conform with normal diligence, without prejudice to the right of withdrawal, the Customer will be debited with a sum corresponding to the decreased value of the goods. An asset is considered used beyond normal diligence in the case of use beyond that necessary to establish its nature, characteristics and operations (e.g. in case of removal of the labels, if the clothing item was worn rather than just being tried on). In such cases, IBox shall promptly notify the Customer of the damage and of the non-compliances found when receiving the items. The amount charged to the Customer, which in any case could not be higher than the price paid for the purchase of the item, will be deducted from the refund due to the Customer.
20. The Customer may contact Customer Service for free by mail, by filling in theproper form, or by calling the mentioned telephone number Monday through Friday. It should be noted that when the Customer decides to use any other channel or form of communication (for example: ordinary mail, fax, calls to a paid telephone number in any case related to a Company etc.) other than those described above, IBox will not in any case be required to reimburse relative costs which may have been incurred by the Customer.
Warranty and limitation of liability
21. The IBox warranty is limited to any manifest defects of the Products, excluding, without limitation any implied warranties as to the quality and to the suitability for the Customer’s purpose, for a period of 2 (two) years from the delivery of the Products.
22. The warranty only gives the right to obtain reimbursement of theamount paid for defective Products, so long as the defect is communicated to IBox within 6 (six) months from when it is found.
23. In addition to the foregoing (articles 20-21), the right to a reimbursement is subject to the following conditions, under penalty of forfeiture of the warranty:
Before sending back the defective Products to IBox, the Customer must make a request for permission to proceed with the return. If the Customer is a registered user, he could request the authorisation for the return by accessing the section of the personal area èMy ordersà, by clicking on the link ’Return us your product', and book online the home address for the pickup.
If the Customer has made the purchase without being registered and does not own an account, he must contact Customer Service directly to arrange the home pickup service.
24. Once the Product has been received and its defective nature has been verified, IBox will send the Customer an e-mail confirming theacceptance of the return and shall start the refund procedure in favour of the Customer of the price paid for the defective Product which must be completed within thirty (30) days, regardless of the method of payment previously adopted by the Customer. The reimbursement of the amounts paid by the Customer will always be made exclusively in favour of the Customer who has made the payment.
In the event that the above conditions have not yet been complied with, or if the defect reported by the Customer is not found, the Customer shall not be entitled to reimbursement of the amount paid to IBox. However, the Customer shall only have the right to withdraw the returned Products at the warehouse of the Company S.r.l., at own risk and at own expense. If the Customer does not request having back the returned Products within thirty (30) days from the relative notification by IBox, IBox shall be entitled to retain them together with the amount received in connection with the transaction.
25. Without prejudice to the foregoing warranty, IBox excludes any and all liability (contractual or non-contractual) with regard to the Customer, within the limits of applicable mandatory rules.
26. The total maximum limit of liability of IBox could not in any case exceed the amount paid by the Customer for the purchase of the Product.
27. In the event that one or more of these T&C were to be found void, voidable, unlawful or ineffective, this will not result in total ineffectiveness of the T&C. The provision in question will be replaced by a similar valid provision which takes due account of the intention and content thereof, in compliance with and in accordance with current regulations.
It is finally being informed that in no case could requests be fulfilled for tailoring changes to be made to the purchased clothing items.
Likewise, no costs which the purchaser would have incurred to make on his own any tailoring adjustments and/or alterations to the purchased clothing items will be refunded, which will so remain exclusively incumbent on the said customer.
In cases of flawed clothing items, the Customer is always and in any case invited to make contact with the Customer Service as soon as possible and in any case within the period of possible return of the product, on the score of any prior agreements of the case.
28. These T&C are subject to Swiss substantive law (excluding the Swiss law on Private International Law and international treaties, in particular the United Nations Convention on Contracts for the International Sale of Goods). Any disputes which might arise will be referred to the exclusive jurisdiction of the competent court of in Lugano (Switzerland).
29. We would like to remind you of the existence of the legal warranty on product conformity, as well as the possibility of using the platform as an alternative means of extrajudicial resolution for disputes, accessible on the website http://ec.europa.eu/odr, made available by the European Commission.
Provisions relating to the privacy and protection of personal data
The collection and processing of data are carried out for the handling and the performance of present and future purchase orders and in particular for the performance of the obligations arising out of these T&C.