Buyer:

He expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity and undertakes not to trade in the purchased goods.

Supplier:

The goods subject to the purchase governed by these general conditions are produced and/or supplied by IPO F&D SRL., with registered office in Milano (MI), Via Pontaccio nn.10, Tax Code, VAT number and registration number with the Marches Register of Companies 11650290965

Seller:

The goods subject to the purchase governed by these general conditions are offered for sale by DROP SRL, with registered office in Montegranaro (FM), via Sandro Pertini n.1, tax code, VAT number and registration number with the Marches Register of Companies 01383870431, telephone number: 0240706227, whom manages the website  https://www.pence1979.com/.

With the present contract, respectively, the Seller sells and the Buyer purchases at a distance by telematic means only the goods indicated and offered for sale on this site.

The contract between the Seller and the Purchaser is concluded exclusively via the Internet through the Purchaser's access to the address on this site, where, following the procedures indicated, the Purchaser will formalise the proposal for the purchase of the goods offered for sale.

The purchase contract is concluded by means of an irrevocable order from the Purchaser by filling in and sending the order form online, which will be displayed on the printable order summary web page, in which the Purchaser's details and order details, the price of the goods purchased and shipping costs, the payment methods and terms, and the address where the goods will be delivered are indicated. When the Seller receives the order from the Purchaser, it will send a confirmation e-mail and/or display a printable web page confirming and summarising the order, which also contains the data entered by the Purchaser in the order form. The order confirmation e-mail (or the web page confirming and summarising the order) produced by the Seller's computer system does not produce any legal obligation, as it is merely a summary of the order.

The contract shall only be deemed to be concluded and effective between the parties upon execution of the order and issuance of the relevant invoice, the Seller having the option, until such time, to refuse the order.

In order to purchase and use additional services, the user can register on the site by creating an account and approving these General Conditions together with the Privacy Policy. Failure to accept the General Conditions will result in the inability to register as a user.

Registration on the site is free of charge. The user declares that the data provided when registering on the site are correct, complete and true. When registering, the user must also enter a password of his choice. Registration will be confirmed by e-mail to the address provided by the user during registration. The user guarantees that the password for access to the site will be used exclusively by the user and will not be passed on to third parties. If the user should become aware of undue use of the password by any third party, he must immediately inform the Seller by sending an e-mail to the following address  customerservice@pence1979.com. In any case, the user can change his password at any time by clicking on the link https://www.pence1979.com/account/login. An email will then be sent to him/her to set the new password.

The data entered when ordering and registering will be processed in accordance with the provisions of current privacy legislation.

Purchases on the Site can also be made as a guest, without creating an account. In this case, the purchaser must (i) correctly complete the fields of the appropriate form on the Site, entering all the data requested therein (by way of example but not limited to: name, surname, billing and delivery address, e-mail address), (ii) confirm that he/she has read the privacy policy on the Site and provide any additional consent and (ii) accept these General Conditions.

DROP Srl reserves the right to refuse, at its sole discretion, registration to the Site as well as the right not to accept orders from anyone, if they are abnormal in relation to the quantity of products purchased.

The Seller accepts advance payment for the products ordered by means of the main Credit Cards (Mastercard and Visa circuits) and PayPal. The credit card data are managed directly by Wirecard or other banks, specialised in the management of on-line payments; PayPal data are managed directly by PayPal. The information is encrypted using the latest generation of encryption systems that prevent it from being used by third parties and is not shared with the Seller, but is sent directly to the bank or PayPal.

The Seller reserves the right to request the bank issuing the credit card (or PayPal) to verify the genuineness of the ownership of the card itself in the event of problems. At the end of this verification, in the event of a positive outcome, we shall proceed with the procedure to conclude the contract and the delivery of the order placed, if there are no further obstacles.

Any reimbursement to the Purchaser, if the latter is entitled to it, will be made using the same payment method used to pay for the purchase order. In the event of non-acceptance of the order, the Seller shall refund the Purchaser, as soon as possible, all sums paid, it being understood that refunds shall be processed in the time and manner provided by the manager of the payment instrument used. In the event of withdrawal, the refund shall be credited within 14 (fourteen) days from the date of communication of the withdrawal.

It should be noted that in the case of online sales, pursuant to Article 22 of Presidential Decree No. 633 of 26/10/1972 and Article 2, letter oo) of Presidential Decree No. 696 of 21 December 1996 (as confirmed by Resolution No. 274/E of 5 November 2009), the Seller is not required to issue an invoice (nor a receipt) to the consumer purchaser. However, the Purchaser may request the Seller to issue a fiscal invoice, if he so wishes, during the purchase procedure. In this case, the Seller shall send the requested invoice to the e-mail address indicated during registration or purchase as "guest". If the invoice is not requested during the purchase procedure, it cannot in any case be requested and issued afterwards. If the purchaser does not request the issuance of an invoice, the Seller shall in any case send a purchase receipt both in digital form to the e-mail address indicated during registration and in hard copy inside the shipping package. This receipt has no fiscal validity and is only useful for assistance or warranty purposes.

The invoice is issued on the basis of the information provided by the purchaser when placing the order. After the invoice has been issued, it will not be possible to modify the data indicated, so we invite the purchaser to carefully check the data entered before sending the order.

Order processing times may vary from the day the order is placed to a maximum of 5 working days, within which time the order is accepted, execution of the order begins and the invoice is issued.

The Supplier and the Seller shall ensure - via the telematics system used - that orders are processed and fulfilled within the timeframe specified in the purchase.

The products available on the site are sold and shipped to all European Union countries, as well as to Switzerland, the United Kingdom and Norway. The delivery of the products are carried out through the Supplier's couriers at the shipping address indicated by the Purchaser in the order form. The Supplier's couriers may not be able to deliver to locations that are particularly difficult to reach; in these cases it will be the Seller's responsibility to notify the Buyer of the non-acceptance of the order.

Delivery times are in any case not binding, as they may vary depending on the country of destination, on the management and organisational timing of order processing, as well as on factors not directly controllable by the Seller and not attributable to it; the Buyer declares to be informed of and to accept these circumstances.

In the event that the Seller is not able to dispatch the goods within the terms specified in the purchase phase, it will promptly notify the Purchaser by e-mail, indicating the term within which the order will be processed.

Shipping costs vary according to the destination countries and the shipping methods chosen and will be calculated and indicated in the purchase procedure before placing the order by the Buyer, as well as reported on the web page summarizing the order placed. .

The shipping costs of the products are borne by the Buyer. Ipo Fashion & Design SRL reserves the right to change the charge for shipping costs, for example by providing free shipping only for purchases that exceed a certain spending threshold and / or only for certain shipping countries and / or only for certain days / periods of the year, highlighting it on the site and communicating it to the Buyer during the purchase procedure before placing the order.

The goods are shipped DDP (Delivery Duty Paid) to EU countries, meaning that in these destinations the goods will arrive directly at the indicated delivery location without having to pay any additional amount over and above what has already been paid when the order is placed and sent.

For all other countries DDU (Delivery Duty Unpaid) is used, so the courier may come with a separate invoice requesting payment of duties and taxes required by local authorities. Buyers residing in non-EU countries are advised to enquire about local taxes and duties before placing an order with the Seller.

At the time of delivery, the Purchaser must check that the number of packages corresponds to that resulting from the transport documents and that the packaging is intact and without signs of damage, tampering or alteration. If this check is incorrect, the Purchaser shall immediately make the appropriate complaints to the courier, refusing the delivery or accepting it with a written reservation on the transport document. Failing this, once the courier's document has been signed, the Buyer may not object to the external characteristics of the goods delivered. Furthermore, the Purchaser must inform the Seller of the incident by contacting Customer Service at the following e-mail address servizioclienti@pence1979.com, o later than 8 (eight) days from the date of delivery of the product, to report any problems concerning the physical integrity, correspondence or completeness of the products received. This is without prejudice, in any case, to the Purchaser's right to the legal guarantee of conformity referred to in Article 11 below and the right of withdrawal referred to in Article 14 below.

In case of non-delivery of the products due to the absence of the Buyer or for another reason (wrong address, address not found, etc.), a further delivery attempt will be made or the courier will keep the products in its warehouse until they are collected by the Buyer, who will be informed for this purpose with the notice of attempted delivery. If the second delivery attempt is also unsuccessful or if the products are not collected by the Buyer within the deadline indicated in the attempted delivery notice, they will be returned to the Supplier. In this case, the contract will be considered terminated by law in accordance with Article 1456 of the Civil Code, by sending written communication to the Buyer via email, and the related purchase order will be canceled. Within the following 15 (fifteen) days, the Seller will reimburse the price paid by the Buyer for the products, less the costs of the unsuccessful shipment, the costs of returning the products to the Supplier and any other expenses that the Seller claimed due to non-delivery of the products due to the absence or inertia of the Buyer in fulfilling the obligation to receive delivery. Following the above communication for the termination of the contract, the Purchaser who intends to request the delivery of the previously ordered products must necessarily proceed with a new purchase order, without prejudice to the Seller's right to refuse this order.

The sales prices indicated on the site are expressed in Euros and are inclusive of VAT, if applicable, depending on the country in which the products are shipped. The sales prices applicable to the Purchaser are those published online at the time the purchase order is submitted. These prices may be subject to change without prior notice. It is the Buyer's responsibility to check the final price before submitting the purchase order. The Seller reserves the right to apply different sale prices depending on the country in which the products are shipped. All product prices on the Website do not include shipping costs.

In the event of a recognisable error in the indication of the price of a good or in the calculation of the amount requested in payment, the Seller will not accept the order and will contact the Buyer to enable him to transmit the purchase order with the correct amount.

Only the goods present in the catalogue published on the Site and available at the time of the purchase order by the Purchaser may be purchased. The catalogue of goods may be periodically updated, therefore the Seller does not guarantee that any goods are still available or that all sizes/colours/versions of any goods in the catalogue are available.

The goods present on the Site are available until sold out. If, although selectable, the chosen goods are temporarily unavailable, the Seller will promptly notify the Purchaser by e-mail to the address provided by the same, indicating when the goods will be available again and the estimated delivery date, asking the Purchaser whether or not he intends to confirm the purchase order.

In the event of permanent unavailability of the goods, Drop will promptly notify the Purchaser by e-mail and Drop will refund the amounts paid by the Purchaser.

The Seller accepts no liability for inefficiencies attributable to force majeure, in the event that it is unable to execute the order within the time stipulated in the contract. The Seller shall not be held liable to the Purchaser, except in the case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its sub-suppliers. Furthermore, the Seller shall not be liable for damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to him, the Purchaser having the right only to a full refund of the amount paid. The Seller assumes no liability for any fraudulent or illegal use that may be made by third parties, of credit cards, upon payment of the purchased products, if it can prove that it has taken all possible precautions based on ordinary diligence.

Goods sold through the site to the Purchaser (consumer) are covered by the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code ("Legal Guarantee"). In order to benefit from the guarantee, the Purchaser must keep and present the invoice (or the purchase receipt or delivery note) he will receive at the time of delivery.

The Legal Warranty may be requested for any lack of conformity existing at the time of delivery of the goods, provided that the lack of conformity became apparent within the term of 2 (two) years from delivery. The Purchaser must report the lack of conformity by contacting Customer Service at the e-mail address indicated in Article 12; the report must contain: the order number; the date of shipment and delivery of the goods (date of the shipping note); an accurate and complete description of the defects or faults complained of; photographs of the non-conforming goods with details of the fault; the name and contact details of the person to contact for any communications. The Customer Service will reply to the Purchaser's communication, giving him, if necessary, instructions for shipping the defective goods.

The "lack of conformity", by express provision of law, exists when the purchased goods:

- is not suitable for the use for which goods of the same type are normally used;

- does not conform to the description made by the Supplier and does not possess the qualities of the good that the Supplier has presented to the consumer as a sample or model;

- does not have the usual qualities and performance of goods of the same type, taking into account also claims made in advertising or on labelling;

- is not suitable for the particular use intended by the consumer if brought to the attention of the Supplier and/or Seller at the time of purchase.

The Supplier reserves the right to verify the validity of the claims at its premises or by examining the photographs attached to the complaint email. The Supplier shall bear the shipping costs for collecting the defective goods.

The Purchaser may, at its discretion, request that the goods be repaired or replaced, without charge, unless the remedy chosen is objectively impossible or excessively onerous compared to the other, taking into account all the circumstances and, in particular, those listed in Article 135-bis, paragraph 2, of the Consumer Code.

The Supplier may refuse to bring the goods into conformity by repair and replacement if repair and replacement are impossible or if the costs that the Supplier would have to bear are disproportionate, taking into account all the circumstances, including those referred to in Article 135-bis (2) a) and b) of the Consumer Code.

The Purchaser may, at his discretion, demand an appropriate reduction in the price or termination of the Contract if one of the following situations occurs: (i) the Supplier has not carried out the repair or replacement or has not carried out the repair or replacement, where possible, pursuant to Article 135-ter, paragraphs 1, 2 and 3 of the Consumer Code or has refused to bring the goods into conformity; (ii) a lack of conformity becomes apparent despite the Supplier's attempt to restore the conformity of the goods; (iii) the lack of conformity is so serious as to justify the immediate reduction of the price or termination of the contract of sale; (iv) the Supplier has declared or it is clear from the circumstances that he will not restore the conformity of the goods within a reasonable period or without significant inconvenience to the consumer Customer.

The Purchaser shall not be entitled to terminate the contract if the lack of conformity is minor.

If, after taking back the goods, the conformity defect reported is found to exist, any transport, repair or replacement costs shall be borne by the Supplier. If this is not the case, i.e. if it is found that the conformity defect reported does not exist or that the conditions for the applicability of the Legal Warranty do not exist, the Legal Warranty shall not apply and all transport costs and costs associated with the verification of the alleged conformity defect shall be borne by the Purchaser, who shall be notified thereof.

The Buyer acknowledges and accepts that defects or damage occurring after delivery of the goods, such as those caused by improper use by the Buyer or third parties, are not covered by the Legal Warranty.

The Customer Service, which the Purchaser may contact for any information, to request assistance or make complaints, can be reached by e-mail at customerservice@pence1979.com or by telephone at +39 0240706227.

The Buyer declares and guarantees: that he/she can legitimately accept these General Conditions; that he/she is of legal age; that the personal data and other information communicated to the Seller when registering on the site or purchasing goods are true, correct and up-to-date; that he/she will use the site in compliance with any applicable legal provision or regulation, refraining from any form of direct and/or indirect use of the site that is contrary to the law, to these General Conditions or detrimental to the rights of third parties.

The Seller reserves the right to verify the information provided at any time and by any means at its disposal, including by requesting appropriate supporting documentation from the Buyer and, in the event of a breach, to close or suspend the Buyer's account.

The Buyer undertakes to indemnify and hold harmless the Seller against all liabilities, actions, costs, expenses and claims that may arise from the breach by the Buyer of the representations and warranties referred to in this article, without prejudice in any case to the Seller's right to terminate the contract with immediate effect pursuant to article 1456 of the Civil Code.

The Purchaser undertakes to pay the price of the goods purchased in the time and manner indicated in the contract. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep the order confirmation email or the web page containing the order data. All the information contained in these General Conditions of Sale have, moreover, already been viewed and accepted by the Purchaser, who acknowledges this, since at the time the order is finalised or the personal account is created on the site, a reference to this web page is shown and acceptance of the General Conditions of Sale is requested as necessary.

Pursuant to Articles 52 et seq. of Legislative Decree no. 206/2005 and subsequent amendments, the Purchaser has the right to withdraw from the contract, without having to give any reasons, within 14 (fourteen) days from delivery of the goods, or from the day on which the Purchaser or a third party designated by him acquires physical possession of the goods. If the Purchaser has purchased several products in a single order, the withdrawal period shall expire 14 (fourteen) days after delivery of the last good. Withdrawal is not allowed for the types of products for which this is expressly excluded pursuant to art. 59 of Legislative Decree no. 206/2005 and subsequent amendments (for example, for goods made to measure or clearly customised).

To exercise the right of withdrawal, the Purchaser, in accordance with Article 54 of the Consumer Code, may use one of the following methods, at his discretion:

• transmission to the Seller of the withdrawal form published on the site and available at the following link https://www.pence1979.com/pages/rma filled out in full;
• transmission to the Seller at the following contact: customerservice@pence1979.com of an explicit statement of intention to withdraw from the contract.

The Purchaser must state the order number indicated in the order confirmation e-mail in the e-mail for exercising the right of withdrawal or in the return form.

Upon receipt of the request for withdrawal, the Seller shall promptly notify the Buyer by email of an acknowledgement of receipt, a form to be filled and included in return packet and the instructions on how to proceed for the return.

The costs related to the return will be sustained by the Buyer.

In the event of withdrawal, the Purchaser will be reimbursed for all the amounts paid for the execution of the contract, including delivery costs and deducted - if applicable - the return costs, as well as any customs charges for returns from countries. extra UE, as better specified below.

The Supplier will collect the returned product from the Buyer with its own couriers. The return costs charged to the Customer amount to:

Customs charges for returns from non-EU countries are also borne by the Buyer.

For the Buyer's convenience, in the event of a return, the return costs and customs duties - where due - will be deducted from the refund amount.

The costs of returning the returned product and any customs duties due are always charged to the Customer even if the latter chooses not to use the courier provided by the Supplier for the return.

If the Buyer for the return of the returned product chooses not to use the courier provided by the Supplier, the Buyer is required to return or deliver the products to the Supplier without undue delay and in any case within 14 (fourteen) days from the day in which he communicated to the Seller his intention to withdraw from the contract. The deadline is considered respected if the Buyer returns the products before the expiry of the period of 14 (fourteen) days to the following address: IPO FASHION & DESIGN SRL c / o CPA SRL - 1 / A Via Valletta, Cantarana, VE 30010, Italy. In this case, the costs of returning the returned product are always borne by the Buyer.

The reimbursement will take place without undue delay and in any case no later than 14 (fourteen) days from the day on which the Seller was informed of the Buyer's decision to withdraw from the Contract. The refund will be made using the same payment method used by the Buyer for the initial transaction.

Unless the Seller has offered to collect the goods himself, the Seller may suspend the reimbursement of the price of the goods until it is received or until the Buyer demonstrates that he has returned the goods, depending on which situation. occur first.

The Buyer is required to return the goods in an intact state of conservation, undamaged, with original labels not removed and in the original packaging. The packaging of the goods must be accurate, in order to protect the original packaging from damage, writing or labels.

In the event of forfeiture of the right of withdrawal due to expiry of the terms or in the event that the return cannot be accepted as it does not comply with the conditions referred to in this article, the Seller will provide the relative communication by registered letter with return receipt; the goods, if already returned, will remain available to the Purchaser at the Supplier's warehouse (IPO FASHION & DESIGN SRL c / o CPA SRL - 1 / A Via Valletta, Cantarana, VE 30010, Italy) for collection at the expense and expense of the Buyer.

The data controllers of the Purchasers' personal data is IPO F&D SRL (the Supplier).

DROP Srl processes the Purchasers' personal data in its capacity as Data Processor, appointed for this purpose pursuant to Article 28 of EU Regulation 2016/679.

The purposes and methods of processing are specified in the Privacy Policy published on the website and available at the following link: Privacy Policy.

The Buyer has the option of using the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the Buyer and the Seller can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.

Pursuant to Article 12 of Legislative Decree 70/03, the Seller informs the Buyer that each order sent is stored in digital form on the server where the site resides according to criteria of confidentiality and security.

These General Terms and Conditions are governed entirely by Italian law.

The rules of conflict and in any case the rules of private international law, as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG) adopted in Vienna on 11 April 1980 are excluded.

The mandatory legal provisions in the State in which the Purchaser has his habitual residence are always reserved.

Any dispute that may arise between the parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each contract - if the Purchaser intends to appeal to the ordinary judicial authority - will be the exclusive competence, at its discretion, of the Court di Fermo or the Court of the consumer's country of residence or domicile, if the latter is an EU Member State. The Seller will submit any dispute arising under these General Conditions to the competent court of the country in which the Buyer habitually resides, if it is an EU Member State; otherwise it will be submitted to the Court of Fermo.

These General Conditions apply irrespective of the Buyer's nationality, provided that the products are delivered in one of the countries in which the online sales service operates.

By accepting these General Terms and Conditions when purchasing goods on the site or creating a personal account, the Buyer declares that he has carefully read their content and undertakes to comply with their provisions. The Buyer may not purchase goods through the site or create an account on the site if he does not accept these General Conditions.