Terms and Conditions
The products on sale on www.Poshead.com (hereinafter the “Site”) are sold and invoiced by Falasca S.a.s. di Falasca Antonella & C. office in Via della Nocetta 109 Rome 00164 Italy a company registered with the C.C.I.A.A of Rome al n. REA 639491 of the Companies Register, tax ID 08035540585 and VAT 01941661009.
For any information regarding orders, deliveries and, more generally, purchases, you can contact:
Telephone: +39 3701137220
GENERAL CONDITIONS OF SALE
1.1 Acceptance of the general conditions of sale and signing of the contract
1.1 The contract between Falasca S.a.s. (hereinafter “Falasca”) and the Customer (i.e. the person or individual who makes a purchase on the Site, not related to their own business, trade or profession) shall be taken as entered into upon the acceptance – even partial – of the order by Falasca. In the case of non-acceptance of the order, Falasca will give the Customer timely notice in any case.
1.2 By placing an order using one of the various methods available, according to the order form present on the Site (hereinafter the “Order”), the Customer declares that they have read all the information provided to them during the purchase process and that they entirely accept these terms and conditions (hereinafter the “Conditions”).
1.3 These Conditions may be printed or saved on a permanent medium, subject to the provisions of art. 12 of Legislative Decree no. 70/2003 and art. 51 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014.
2. Methods of purchase
2.1 The products offered for sale by Falasca are only those listed on Falasca’s website at the time of placing the Order, as described in the relevant information sheets.
2.2 It is, in any case, understood that the images accompanying the description of a product are exclusively for informational purposes and may not be fully representative of its characteristics, but differ, for example, in terms of colour and size (also according to the monitor and browser used to access the site and view the images).
2.3 To place an Order, the Customer must fill in the relevant form present on the Site in its entirety and send it after having carefully read the Conditions, as well as the characteristics of the product(s) that they intend to purchase. The Customer must also request that Falasca issue – should they so wish – a tax invoice for the purchase, in accordance with art. 22 of Presidential Decree no. 633/1972.
2.4 The successful receipt of the Order is confirmed by Falasca via an email response sent to the email address provided by the Customer. This confirmation message will contain the conditions of purchase in full, as required by the applicable legislation, as well as the information provided by the Customer at the time of the Order, so that they may check it and, if necessary, provide the appropriate corrections of incorrect information in a timely manner.
3. Prices and Methods of payment
3.1 The prices listed on the site are inclusive of VAT and taxes. Any delivery costs or payment fees are in any case communicated in advance to the Customer through the website or these Conditions.
3.2 The following methods of payment are accepted:
PayPal may be used for payment by the Customer according to the specific methods set out by PayPal.
(ii) Credit card
When goods are purchased using a Credit Card as the payment method, the transaction may be carried out by way of the secure PayPal server or another secure server chosen by Falasca.
Under no circumstances and at no stage of the payment will Falasca be able to find out the Customer’s credit card information, which is transmitted via a protected connection directly to the website of the bank that is handling the transaction. No Falasca information archive will retain this information and therefore in no event can Falasca be held responsible for any fraudulent or illegal use of credit cards by third parties at the time of payment.
(iii) Bank transfer
In the case of a purchase made by bank transfer, the bank details necessary for the payment will be shown. The goods will only be delivered once the payment has been received by the bank.
4. Delivery of products and associated costs
4.1 The products purchased will be delivered to the address provided by the Customer in the Order within 24-48 hours from acceptance of the Order by Falasca, at the price shown specifically on the Site before the Order is sent. Falasca reserves the right to accept or decline requests for deliveries outside of Italy or Europe. In any case, for deliveries to addresses outside of Italy, delivery charges and times may vary.
4.1.1 Products “available to order” are products made only on request and are generally produced within 4-6 weeks after order confirmation. Following the order the customer is notified by email of the production schedule and when the item is ready for shipment.
- The customization process may cause delays in the shipment of the order;
- The delivery time indicated may be subject to delays or variations due to artisan production and shipping processes.
4.2 With regard to deliveries requested to countries outside the European Union, any customs import fees will be borne by the recipient. The Customer is therefore asked to contact their country’s customs authorities before placing an order so as to verify the costs and any possible limitations on imports.
4.3 The personalization may cause delay to the deliveries.
4.4 The delivery times given by Falasca are to be taken as purely indicative and any delay to said times, or any deliveries performed by way of split shipments, do not give the Customer the right to refuse delivery and request damages or compensation.
4.5 Upon delivery of the products, the Customer is required to check:
- That the number of packages delivered corresponds to what is shown in the packing list;
- That the packaging is intact and not damaged, wet or otherwise tampered with, also as regards the sealing materials (adhesive tape or metallic straps).
Any damage to the packaging and/or the product or a mismatch in the number of packages or instructions must be immediately flagged up by way of a specific note on the delivery note of the product to be handed back to the courier. Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, according to the methods provided in this document.
5. Right of withdrawal
5.1 Pursuant to article 52 of Legislative Decree 206/2005, as amended by Legislative Decree no. 21/2014, the Customer may withdraw from the Conditions and therefore the purchase contract for any reason, without having to provide a reasons and without any penalty, within 14 (fourteen) working days from the date of receipt of the products.
5.2 To exercise the right of withdrawal referred to in article 5.1 above, the Customer must send Falasca a notice to that effect, within the time limits mentioned, to the following email address: email@example.com.
5.3 In case of withdrawal, the Customer must send back the products to Falasca at their own expense within 14 (fourteen) days of the withdrawal itself to the following address: Falasca S.a.s. Via della Nocetta 109 Rome 00164 Italy.
The goods must be returned intact, complete with all parts and in the original packaging (bags and packages), stored and used, if necessary, for only the time absolutely necessary to determine and verify their nature, features and size, using the normal degree of care, without there being any signs of wear or dirt, in compliance with the following conditions:
- The right of withdrawal cannot be applied to products for which the Customer has requested personalisation;
- The right of withdrawal may only be applied to the product purchased in its entirety; it is not possible to return only a part of a product that has been purchased (e.g.: accessories, supplementary items, etc.);
- For the withdrawal to be possible, the product must be intact and returned in its original packaging, complete with all its parts (including packaging and any documentation and accessories: labels, tags, seals, etc…);
- Delivery charges (and any customs charges, if any) for returning the goods shall be borne exclusively by the Customer;
- Until Falasca confirms that it has received the delivery in its warehouse, the Customer is entirely responsible for said delivery;
- If the goods are damaged during transportation, Falasca shall notify the Customer, so that they may promptly lodge a complaint against the courier they chose and obtain the appropriate reimbursement; the product will then be made available to the Customer and the request for withdrawal will be cancelled;
- Falasca shall not be liable in any way for any damage, theft or loss occurring during or otherwise in the context of the return of the goods.
5.4 Falasca will refund the Customer the full amount paid, net of any additional delivery costs in accordance with art. 56, paragraph 2, of Legislative Decree no. 21/14 within 14 (fourteen) days of withdrawal, by means of reversing the transfer of the amount charged, using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed. In any case, the Customer will not incur any cost as a consequence of said refund. Falasca may suspend the refund until the returned product is received or until such time as the Customer proves that they have correctly returned the product, whichever is earlier.
5.5 In any case, the Customer shall forfeit the right of withdrawal in cases where Falasca is satisfied that:
- the product returned and/or its accessories, and/or its packaging is not intact;
- the product is missing its original external and/or internal packaging;
- the product is missing integral parts and/or accessories (e.g. zips, laces, buckles, etc.).
In the case of forfeiture of the right of withdrawal, Falasca will return the product purchased to the sender, charging them the cost of delivery and, if already refunded, the price of the product.
6.1 All products sold by Falasca are covered by a 24-month (twenty-four) guarantee against conformity issues, pursuant to Section III of Legislative Decree no. 206/2005. In order to make use of the guarantee, the Customer must keep the invoice or the receipt of payment, along with the packing slip.
6.2 The guarantee for defects of conformity shall apply provided that the relevant product has been used properly, in accordance with its intended use and as provided for by the instructions for use and washing included in and/or with the product.
6.3 In the event that, for whatever reason, Falasca is unable to provide the Customer with a product under their warranty (repaired or replaced), or if its repair or replacement were, in consideration of the value of the product, prohibitively expensive, Falasca may proceed with the appropriate reduction of the price paid, or to refund the full amount paid and terminate the contract.
6.4 In cases where the application of the guarantees involves the return of the product, the product must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessories).
7. Complaints and requests for information
7.1 Any complaints or requests for information may be addressed to Falasca as follows: Falasca S.a.s. Via della Nocetta 109 Rome 00164 Italy – Email: firstname.lastname@example.org
9. Applicable law
9.1 The contract of sale contained within these Conditions and the execution thereof is governed by Italian law, with the non-application of the rules of conflict and the United Nations Convention for the International Sale of Goods. For the resolution of related disputes, the Court in the Customer’s place of residence shall be referred to.