Terms of sale

The following General Terms and Conditions of Sale govern the supply and sale of products on the www.pomikakishop.it website (also referred to as the "Site").
The products purchased on www.pomikakishop.it are sold by Top s.r.l. (hereinafter "Top s.r.l."). Top s.r.l. is registered with the companies register of Venice, Italy, Chamber of Commerce VE273910, TAX CODE and VAT REG. NO. 03005960277 with registered office at no. 1, Via Como, 30027 San Donà di Piave VE, Italy, tel. +39 0421/222060, fax +39 0421/222971. You may at any time request information and/or send notifications and/or make complaints regarding sales, purchase orders, products, payments and dispatches, by contacting www.pomikakishop.it Customer Services run by Top s.r.l.: e-mail pomikakishop@pomikaki.com


1. Scope of application


The General Terms and Conditions of Sale herein apply to all sales made by Top S.r.l. on the Site. The General Terms and Conditions of Sale may be amended at any time by Top S.r.l. Any amendments and/or new terms and conditions shall apply the moment they are published in the "Terms and Conditions of Sale" section of the Site. For this reason, users are invited to access the Site on a regular basis and to check the latest version of the General Terms and Conditions of Sale published. The applicable General Terms and Conditions of Sale are those in force at the time the purchase order is made.
The www.pomikakishop.it Site offers products owned by Top s.r.l. for sale. Top s.r.l. owns the brands featured on the same site.
The purchase offers featured on the Site are intended for natural persons and in any case not for commercial entities. Consequently, the purchase contracts stipulated by retailers or wholesalers or by entities who purchase products for subsequent resale are subject to cancellation pursuant to the provisions of Art. 1427 of the Italian Civil Code. Top s.r.l. reserves the right not to accept orders from entities who are not consumers or who make orders for abnormal quantities with respect to the quantity of products on the Site or with excessive frequency.
The purchase offers featured on the Site are intended for consumers residing in Countries in the European and outside the EEC. To make purchases on the Site, users are not required to register on-line, but they must accept the General Terms and Conditions of Sale herein by ticking the appropriate box. Failure to accept the General Terms and Conditions of Sale entails the inability to make purchases on the Site.
Users guarantee that the personal information provided during the purchase process is complete and true. Should the information provided be incorrect or incomplete, users shall indemnify Top s.r.l. from any obligation to pay any ensuing compensation and/or fine.


2. Industrial and intellectual property rights


All the contents of the E-Shop section of the www.pomikakishop.it site are protected and safeguarded by the applicable regulations in force on the subject of industrial property rights and copyrights. All forms of extraction or re-use of the material featured on the Site that have not been expressly authorised and which may damage the rights of the Site owners in any way whatsoever are forbidden. The Site and its contents (including the e-shop section) may only be used for personal ends, and not for commercial ends. For example, the following is meant by Site contents:
- texts and photographs;
- video footage;
- databases;
- graphs and tables;
- slogans;
- audio clips;
- cartoons or drawings;
- all graphic and/or text representations of any kind.
It is therefore forbidden to copy and/or reproduce the contents of the Site in full or in part without the express authorisation of Top s.r.l. All brands, domain names, company names, firms and signs featured on the Site are the exclusive property of Top srl and are therefore protected by the applicable regulations in force on the subject of trade marks. Their reproduction in any form is therefore strictly forbidden without the express authorisation of Top s.r.l. Registering the brands featured in any top level domain is also forbidden. The Site pages may also contain brands, domain names, company names, firms and signs owned by third parties with whom Top s.r.l. collaborates. These brands are equally protected by the applicable regulations in force.
The use of metatags or of any other html language command featured on the Site is also strictly forbidden, since these may provide information for electronic agents or search engines to increase visibility of a site other than those which are linked to Top s.r.l.


3. Linking/Framing


The creation of links to the Home Page of the Site currently at www.pomikakishop.it (hereinafter also referred to simply as the "Home Page") or to any other page in the Site is in no way permitted without the written authorisation of Top s.r.l..
To create a link to the Home Page of the Site, an e-mail request must be sent to pomikakishop@pomikaki.com
The request must contain the following information:
(a) the e-mail address and phone number of the person in charge of the technical issues relating to the management of the site in which the link to the Home Page is to be inserted;
(b) the details of the requesting company;
(c) the address of the website in which this link is to be created;
(d) any other information deemed useful to obtain the authorisation of Top s.r.l.
Specific links allowing the user to be taken to an internal page without passing via the Home Page ("deep linking") are expressly forbidden, as are automatic insertion links ("inline linking") which allow the user to view images originating from the Site in a specific space. Framing links are also forbidden, which allow the display of a page of the site in a specific page of another site, while at the same time allowing the contents of the said page to appear within a frame structured specifically for this purpose instead of in a separate navigation browser window.
Any breach of the provisions of the article herein may be pursued in a court of law as unfair competition (governed by the applicable regulations in force on the subject).


4. Guarantee exemptions and liability restrictions


All the contents published on the Site are provided merely for the purpose of providing general information. Top s.r.l. does not provide any guarantee as to their accuracy and completeness and reserves the right to amend and update this information without prior notice.
Top s.r.l. shall not be held liable for any damage, whether direct or indirect, resulting from the use or from the inability to use the Site and its contents (or sites linked to it, even indirectly), or for any omissions or errors.


5 Separability


Should a clause in the General Terms and Conditions herein be deemed illegal, null, or for any reason invalid, the said clause shall be deemed separable from the other clauses, without affecting the validity and applicability of the remaining provisions.


6. Information required to stipulate a contract


In accordance with the provisions of Italian Legislative Decree no. 70 of 9th April 2003 on the subject of e-commerce, Top s.r.l. informs users that:
- to stipulate a purchase contract, users shall fill in the electronic order form available on the Site and send it to Top s.r.l., electronically, following the instructions provided on-screen on the Site as the purchase progresses;
- the contract is stipulated when Top s.r.l., after checking the accuracy of the order details and payment information, receives acceptance of the purchase proposal via the registration of the order form;
- before sending the order form through, users can identify and correct any data input errors by following the instructions provided each time on the Site as the purchase progresses;
- once the order form has been registered and confirmation of payment of the total amount due has been received, Top s.r.l. will send users an e-mail at the address provided containing the order confirmation and payment receipt, information about the characteristics of the product purchased, a detailed indication of the price, of the method of payment used, of the methods of exercising the right of withdrawal, of the shipping costs and any additional costs as well as contact information for Customer Services, whom users may contact to request assistance and/or make claims. We advise you keep the e-mail received as proof of purchase;
- the order form will be filed in Top s.r.l.'s database for the time required to dispatch the order and in any case for the time provided for by law. The languages available to users to stipulate the contract are Italian and English. Customer Services can communicate with users in Italian and in English.


7. Prices


All prices for the products offered for sale on the Site are expressed in Euro (€) and are understood to include Value Added Tax (VAT). Shipping costs will be charged to users; any other additional cost, including VAT, will be indicated expressly and separately on the order form before users send it as well as on the order confirmation e-mail.
Users who are residents of countries where the Euro is not the currency in use are invited to keep in mind the incidence of the exchange rate on the overall cost of the product they intend to purchase. Users are hereby informed that, due to a series of factors, including the commercial policy of the brand owner, the price of the products offered for sale on the Site may differ in other countries.
The price of products may be modified without notice, without prejudice to the fact that the price charged to users shall be the price published on the product data sheet at the time the order is sent. Products shall remain the property of Top s.r.l. until payment has been made by the user for the purchase price, for the shipping costs and any other additional cost.


8. Orders

The purchase order shall only be shipped after Top s.r.l. has received confirmation that payment has been made of the total amount due, which consists of the purchase price, the shipping costs and any other additional cost, as specified on the order form. Top s.r.l. reserves the right to refuse orders made by users who do not provide sufficient solvency guarantees or with whom there are pending disputes and/or who show abnormal purchasing behaviour.
Due to the possibility that several users may purchase the same product concurrently, the product ordered may sometimes no longer be available after the purchase order has been sent. If the product ordered is no longer available, customers shall be promptly informed by e-mail and the purchase order shall be cancelled. If payment has already been made, Top s.r.l. shall refund the total amount paid by the user - consisting of the purchase price and the shipping costs - immediately and, in any case by no later than thirty days from the day after the order was sent. In such cases, no further compensation shall be awarded.
Users shall be notified of the refund amount by e-mail and the amount shall be credited using the same method of payment used by users to make the purchase.
Any crediting delays may depend on the bank or on the type of credit card used for payment.


9. Deliveries


Deliveries are made to all Countries in the European Union and outside the EEC. Delivery times are specified in the purchase order confirmation. They apply from the moment the users receive confirmation of their purchase order, as specified in Art. 6 herein above. If there is no indication of a specific delivery date, the same shall in any case be made within thirty days from the day after the order was sent.
Products ordered shall be sent to the postal address specified by the user on the order form. Upon delivery of the products to the carrier, users shall receive an e-mail to confirm dispatch.
Deliveries shall be made by express courier from Monday to Friday, between 9 am and 6 pm, excluding national holidays. Top s.r.l. reserves the right to use other carriers and/or use different methods of delivery and shall not be held liable in the event of delayed dispatches in the event of non collection by the carrier, closure, local holidays, strikes and/or any other unforeseeable event which cannot be ascribed directly to Top s.r.l. The carriers used do not phone ahead.
Delivery is made when the product is placed at the disposal of the user at the delivery address specified on the order form. In the event of non delivery due to the recipient being away from the address specified, the carrier shall leave a card to certify the delivery attempt. The card shall specify details to contact the carrier and make an appointment for another delivery. In any case, during the 24 hours following the failed delivery, if the customer has not contacted the carrier to make arrangements, the carrier himself shall attempt to make another delivery. Should the second delivery attempt also fail, pomikaki.com Customer Services shall contact the user to agree upon a new delivery date. If this attempt is also unsuccessful, the product purchased shall be sent back to Top s.r.l., with the warning that, thirty days following the date on which the product was sent back to Top s.r.l., the contract shall be understood to be terminated and the purchase order cancelled pursuant to the provisions of Art. 1456 of the Italian Civil Code. Once the contract has been terminated, Top s.r.l. shall refund the user the total amount paid, minus the costs of the unsuccessful product delivery, the cost of returning the same product to Top s.r.l. and the holding costs. The user shall be informed of the termination of the contract and the refund amount by e-mail.
The refund amount shall be credited using the method of payment used by the user to make the purchase.
Should the user request receipt of the product purchased again before the thirty days are up, Top s.r.l. shall proceed with the new delivery, charging the user not only the cost of delivery itself but also the cost of returning the product to Top s.r.l. as well as holding costs.
Should the product purchased not be delivered or be delivered late, users may make a claim from Customer Services by e-mailing pomikakishop@pomikaki.com.
Top s.r.l. shall examine the claim and, where failed delivery or delayed delivery is ascribable to Top s.r.l. and not due to an accident or force majeure or in any case to circumstances beyond Top s.r.l.'s control, without prejudice to the user's right to exercise the ordinary protection rights provided for by law, Top s.r.l. shall refund the total amount paid by the user – consisting of the purchase price and shipping costs – immediately and in any case by no later than thirty days from the day the user is notified of the outcome of his/her claim. In such cases, no further compensation shall be awarded.
If the user does not wish to keep the product purchased, Top s.r.l. shall refund the total amount paid by the user - consisting of the purchase price and the shipping costs - immediately and, in any case by no later than thirty days from the day on which the user was notified of the outcome of the claim. In such cases, no further compensation shall be awarded.
In all the above cases, users shall be notified of the refund amount by e-mail and the amount shall be credited using the same method of payment used by the user to make the purchase. Any crediting delays may depend on the bank or on the type of credit card used for payment. It is the recipient's responsibility to check the condition of the product upon delivery. Should the box show evident signs of tampering or alteration, the user shall promptly inform Customer Services by e-mail at the address specified above. No prejudice is made to the provisions of Articles 4, 6 and 8 of the General Terms and Conditions of Sale herein, which continue to apply.


10. Right of Withdrawal


Users who have purchased products on the Site are entitled to withdraw from the contract entered into with Top s.r.l. without any penalty and without specifying the reason thereof, within 30 (thirty) working days from receipt of the goods.

1. Send Top s.r.l. a request for the returns form by e-mail:pomikakishop@pomikaki.com

2. Fill in the returns form, entering all the details requested and specifying the items you wish to return and send it back to pomikakishop@pomikaki.com.

3. The completed and signed form should also be placed in the original shipping box and sent to the following address: Top s.r.l. –Via Como ,5 30027 San Donà di Piave (VE) Italy.

4. Arrange - within thirty working days from receipt of the goods - for the shipping of the product(s) purchased, suitably protected and packed in the original packaging accompanied by any accessories delivered originally. Pursuant to the provisions of Article 67, paragraph II, of Italian Legislative Decree no. 206 of 6th September 2005 ("Consumers' Code"), an essential condition to exercise the right of withdrawal is the overall intactness of the product to be returned. The products cannot therefore have been damaged or altered and may only be returned with the identification card and/or labels and/or single-use seal, where featured, still attached to the intact products that have not been tampered with in any way. The cost of returning the goods shall be paid by the user who wishes to exercise his/her right of withdrawal.

5. Pursuant to the provisions of Article 67, paragraph IV, of the Consumers' Code, only after receiving the product(s) and only after checking that the terms and methods of exercising the right of withdrawal as well as the intactness of the product, as specified in point 4 herein above, may Top s.r.l. proceed as quickly as possible, and in any case within thirty days of the date on which Top s.r.l. was made aware of the exercising of the said right of withdrawal, to refund the amounts paid by the user, minus the delivery costs.
Users shall be notified of the refund amount by e-mail and the amount shall be credited using the same method of payment used to make the purchase.

6. Pursuant to the provisions of Article 55 of the Consumers' Code, the right of withdrawal does not apply when the sale concerns made-to-measure or customised products or products which due to their nature cannot be sent back or could deteriorate or alter rapidly.

7. No prejudice is made to the application to users who are not residents in Italy of provisions which may be more favourable envisaged by the laws in the country in which the user resides habitually, specifically, in relation to the time frame for the exercising of the right of withdrawal, the time frame for the returning of goods, in the event the right of withdrawal is exercised, and the methods of notifying the same.


11. Payment


Payment for the products purchased on the Site shall be made by Paypal or upon receipt. In order to avoid Internet fraud, credit card payments for the purchases made on the Site shall be handled on-line by the bank concerned using the tools offered by PayPal Pro (www.paypal.com).
Paypal is responsible for storing and processing automatically in a protected environment the information relating to each order, including any financial information.
All financial information, such as the credit card number and expiry date, is handled directly by Paypal, which guarantees the security of on-line transactions. Top s.r.l. is never made aware of the credit card details and is therefore not in a position to store or file these in any way.
The user's credit card shall be charged at the same time the order is sent.
The method of payment upon receipt is only envisaged for users who live in Italy.
Commercial invoices shall only be issued at the purchaser's request. To request one, e-mail pomikakishop@pomikaki.com and specify the company name and invoicing address.


12. Guarantees and product non-conformities


The pictures and colours of the products published on the Site may differ from the actual products due to the local settings of the systems and/or tools used to view them.
In the event of conformity defects in the products purchased with respect to the description published on the Site, users are entitled to the repair or replacement of the product, at no additional cost, when this is possible due to the available stock for sale and provided the repair or replacement do not prove too expensive for the seller, considering the value that the good would have if it did not have the conformity defect and depending on the entity of this defect.
Alternatively, users are entitled to an appropriate price reduction or termination of the contract.
If the contract is terminated, Top s.r.l. shall refund the user the total amount paid, consisting of the purchase price and any other additional cost. If the price is reduced, Top s.r.l. shall refund the reduction amount. In any case, the user shall be informed of the amount refunded by e-mail, and the amount shall be credited using the method of payment used by the user to make the purchase.
Users shall agree with Customer Services on the shipping method for the goods.
Users shall report the conformity defect to Top s.r.l. - on pain of forfeiture - within 30 (thirty) days from the date of discovery of the said defect.
Users who are not residents in Italy may make use of provisions which may be more favourable on the subject of legal conformity guarantee envisaged by the laws in the country in which the user resides habitually.
The conformity guarantee does not cover products which have been repaired, modified or in any way altered by the user.
Top s.r.l. is not liable in the event of damage - of any nature - ensuing from the improper use of the product and/or usage that does not comply with the instructions provided by the manufacturer, as well as in the event of damage due to an accident or force majeure.
The conventional guarantees relating to the products sold are those provided directly by the manufacturer.


13. Liability


Top s.r.l. is not liable for non-correspondence between the product ordered and the description of the product on the Site, in the event of non-correspondence deriving from errors in the description ascribable to the supplier and which Top s.r.l. did not and/or could not know about.
Top srl undertakes to correct all the errors in the description of the products offered on the Site, as quickly as possible, as soon as the same are reported. Such errors can be reported by contacting Customer Services at the addresses and numbers specified herein above.


14. Force Majeure


Under no circumstances may Top srl be held liable for non-fulfilment of any of its obligations ensuing from the General Terms and Conditions of Sale herein if such non-fulfilment is caused by an accident and/or force majeure (such as natural disasters, terrorist attacks, network failures and/or power failures).


15. Comprehensiveness


The General Terms and Conditions herein represent the entirety of agreements between Top srl and Site users, with reference to the purchasing of products on the Site.


16. Applicable law and court with jurisdiction


Contracts stipulated between the Site users and Top srl are governed by Italian law. The provisions of Article 50 and subsequent articles of the Consumers' Code apply to these specifically. Users who are not residents in Italy may make use of provisions which may be more favourable envisaged by the laws in the country in which the user resides habitually.

For any dispute relating to the application, performance and/or interpretation of the General Terms and Conditions of Sale herein, the Court with Jurisdiction shall be the place of residence or elected domicile of the user.

Users who reside in a EU member country other than Italy may also access - for any dispute relating to the application, performance and/or interpretation of the General Terms and Conditions of Sale herein - the European Small Claims Procedure EC no. 861/2007 dated 11th July 2007 established by the Council, provided that the value of the dispute does not exceed Euro 2,000.00, excluding interest, fees and expenses. The regulation text can be downloaded from the EUR-LEX EUROPA website.


17. Out-of-court settlement of disputes


In any case, without prejudice to the user's right to commence legal proceedings in the event of disputes between Top srl and the user, ensuing from the General Terms and Conditions of Sale herein, Top srl hereby informs users that it implements the "RisolviOnline" settlement service.
RisolviOnline is an independent and institutional service by the Court of Arbitration of Venice, aimed at settling rapidly and cheaply all commercial disputes involving consumers and/or businesses, with special reference to those arising from the Internet and e-commerce.
For further details on the regulations of RisolviOnline or to send a settlement request, access RISOLVI ON-LINE.