The website www.poolito.com (hereinafter, the "Site") and the "POOLITO" brand are owned by POOLITO SRL SB, with office in Milan, via Pietro Marussig 8, registered at the Chamber of Commerce di Milano, Monza Brianza and Lodi, Tax Code and VAT number 11059890969, REA MI-2576298, with fully paid-up share capital of Euro 50,000. The legal representative of the company is Alessandra Bestetti.
This Site is dedicated to the online promotion and sale of the products described in Article 3 (“Products”). Its use, as well as the sales concluded through it, are governed by these Terms of Service and General Conditions of Sale ("Terms and Conditions of Sale").
By visiting the Site and /or purchasing any Product, you are involved in our "Service" and agree to be bound by these Terms and Conditions; they include any additional terms and conditions referred to in this document by hyperlink. These Terms and Conditions apply to all users of the Site, with no limitation.
Any request for information, support or complaint can be sent to POOLITO's Customer Service by e-mail at firstname.lastname@example.org; alternatively, they can be communicated by phone at 02 80889235 or by pec at email@example.com.
1) Scope of application
1.1 These General Conditions of Sale are applicable only to Purchase Contracts accomplished by (i) physical persons acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity, and (ii) persons that indicate a delivery address located in the Italian territory; for the purpose of identifying the delivery address in the Italian territory, the Republic of San Marino, the Vatican City and the Swiss Confederation are considered excluded from the Italian territory.
1.2 The Customer is required to read these General Conditions of Sale that POOLITO SRL SB makes available in this section of the Site; the Customer is allowed to store and reproduce these General Conditions of Sale as well as all other information POOLITO SRL SB provides on the Site.
1.3 The General Conditions of Sale applicable to the Contract of Sale between the Customer and POOLITO SRL SB are those in force on the date of transmission of the purchase order by the Customer, as published on the Site.
1.4 These General Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than POOLITO SRL SB that might be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, the Customer is advised to check the conditions of sale applied by the aforementioned third parties; under no circumstances can POOLITO SRL SB be held responsible for the supply and execution of services covered by contracts concluded between the customers of POOLITO SRL SB and third parties.
1.5 POOLITO SRL SB does not carry out any checks on the websites belonging to third parties that can be reached through links contained within this Site. POOLITO SRL SB cannot, therefore, be held responsible for the content of the websites of third parties, as well as of any errors, omissions and violations contained therein.
Registering on the Site allows the Customer to carry out the following activities:
- execution of orders;
- consultation of order history;
- speeding up new orders by auto-filling with the personal information indicated by the Customer at the time of registration;
- modification of personal information indicated by the Customer at the time of registration;
- receipt of commercial offers, management of privacy consents and updating of personal details entered at the time of enrolment in the loyalty program.
2) Information on Products
2.1 With the Purchase Contract, POOLITO SRL SB sells and the Customer purchases remotely, through telematic tools, the Products indicated and offered for sale on the Site. The offer and Sale on the Site of the Products are governed by these Terms of Service and General Conditions of Sale in compliance with the provisions of current legislation and, in particular, of Legislative Decree 9 April 2003, n. 70 containing the regulation of electronic commerce (e-commerce) and articles 45 and ss. of the Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and their subsequent amendments.
2.2 The Products referred to in the previous point are illustrated on the Site and described in the respective information sheets; the image accompanying a Product may not be perfectly representative of its characteristics, but may differ in color, size and accessory elements.
3) Information relevant to the conclusion of the Contract
The Customer is responsible for the accuracy and truthfulness of all personal information provided during the registration or purchase procedure on the Site. The Customer agrees to hold POOLITO SRL SB not responsible of any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the Customer of the obligation of truthfulness and completeness of the information provided.
In case of violation of the provisions indicated in the previous points of this article, POOLITO SRL SB reserves the right to take all necessary actions in order to stop the irregularities; in such cases POOLITO SRL SB will have the right to suspend access to the Site, to cancel the registration to the Site, not to accept or to cancel orders.
POOLITO SRL SB reserves the right to refuse orders that come from:
a) a Customer who has previously violated the conditions and/or terms of the Purchase Agreement;
b) a Customer with whom it has an ongoing legal dispute;
c) a Customer who has been involved in fraudulent conduct of any kind and, in particular, in fraud relating to payments by credit card;
d) a Customer who has released false, incomplete or inaccurate identification data, including the incorrect indication of the data requested for the purposes of electronic invoicing;
e) a Customer who has indicated for the delivery of the Products an address located outside the Italian territory as specified in art. 2.1.
4) Purchase procedure
4.1 The Customer must observe the following procedure for the accomplishment of the Purchase Agreement:
- access the website www.poolito.com;
- select the Products intended for purchase, adding them to the "Cart", and complete all subsequent sections according to the specific instructions provided;
- transmit the order, which contains a summary of the information of each Product ordered as well as the relative price (including VAT), the type of payment chosen, the conditions and timing for the delivery of the Products (better specified in the following point of these General Conditions), the contributions required for delivery and transport, and the reference to the general terms and conditions for the return of the purchased Products;
- before sending the order, the Customer will be able to check his/her personal details and correct any errors that might be present in the order form;
- the Customer must read these General Conditions of Sale;
- an order will be considered sent when POOLITO SRL SB receives the order proposal in electronic format, by means of the aforementioned procedure;
- the order will be binding for POOLITO SRL SB only after POOLITO SRL SB has sent the Customer an e-mail confirming it, containing the Customer’s personal details, the details of the order, the price of the Product/s (including VAT), the chosen type of payment, transport costs, delivery time, applicable taxes and duties, and indication of the right of withdrawal;
- the Customer undertakes to verify the correctness of the data contained therein and to promptly communicate any corrections to POOLITO SRL SB at the addresses indicated above.
4.2 By sending the order, the Customer declares to have read all the information provided to him/her during the purchase procedure and to fully accept these General Conditions of Sale, agreeng to pay the price and other amounts indicated. In the absence of what is indicated in the previous point, the Contract of Purchase is not considered concluded and, therefore, will not be binding for the parties.
4.3 POOLITO SRL SB may refuse to accept the order if there are insufficient guarantees of payment solvency, the orders are incomplete or incorrect, the Products are no longer available.
If the Customer requests an invoice and the tax code communicated is not correct, the order will be refused. In this case, the Customer may contact the Customer Service at the addresses indicated at the beginning of these General Conditions of Sale to provide the correct information.
4.4 The Purchase Contract stipulated between POOLITO SRL SB and the Customer must be considered accomplished with the acceptance, even if only partial, of the order by POOLITO SRL SB.
4.5 Pursuant to art. 12 of Legislative Decree 70 of 2003, POOLITO SRL SB informs the Customer that every order sent is stored in digital or paper form at its headquarters, according to criteria of confidentiality and security. The Customer may at any time request a copy from POOLITO SRL SB.
5) Availability of Products
5.1 The availability of the Products refers to the moment in which the Customer consults the Product page on the Site and must be considered purely indicative: due to simultaneous purchases by other Customers, in fact, the Products may not be available after the transmission of the order.
5.2 POOLITO SRL SB cannot be held responsible for the temporary or definitive unavailability of one or more Products. POOLITO SRL SB will only charge the Customer the price of the Products actually delivered.
6.1 All prices on the Site are expressed in Euros and are inclusive of VAT.
6.2 POOLITO SRL SB has the right to change the price of the Products at any time. This could also happen several times during the same day, as a result of promotions or discounts with limited validity over time. In any case, the price charged to the Customer will be the one indicated on the Site at the time of the order and in the order confirmation e-mail. Any changes (increase or decrease) subsequent to the transmission of the order will not be taken into account.
6.3 At the request of the Customer, POOLITO SRL SB issues an electronic invoice to the Customer through the Exchange System made available by the Italian Revenue Agency. To this end, when executing the purchase order, the Customer is required to communicate the requested details.
In agreement with art. 1 c. 3 of Legislative Decree 5.8.2015, n. 127, the Customer who acts as a consumer, without a VAT number, has the right to renounce the the electronic copy of the invoice.
After the invoice has been issued, it will not be possible to make any changes to the data.
7) Payment methods
7.1 Payment for the Products may be made using the following methods: (i) credit and debit cards belonging to the VISA, Mastercard, Maestro and American Express circuits, (ii) Google Pay and Apple Pay; (iii) PayPal. POOLITO SRL SB relies upon the Stripe platform for the management of payment methods (i-iii). For the services rendered by Stripe and PayPal, please refer to the information pages of the respective operators.
7.2 In order to protect the Customer, all orders are subjected to authenticity checks by the relative credit card issuers before being processed. If, for any reason, it is not possible to charge the amount due, the sale process will be automatically canceled and the sale will be terminated in agreement with art. 1456 of the Italian Civil Code. The Customer will be informed by e-mail.
7.3 All communications and data relating to the payment take place on special protected lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
8) Delivery and delivery costs
8.1 Delivery to the address indicated by the Customer at the time of purchase is made from Monday to Saturday through a carrier chosen by POOLITO SRL SB. The usual delivery time is 5-7 working days from receipt of the order confirmation. Since the goods are prepared and entrusted to the courier within 2 working days from the order confirmation, after this period of time it will no longer be possible to make changes to the order.
8.2 Delivery is considered accomplished when the Product is transferred to the Customer. POOLITO SRL SB will cease to be responsible for the loss or damage to the Products as soon as the Customer -or a third party designated by him- materially takes possession of the Products.
8.3 In case of non-delivery due to the absence of the recipient or in the event that the Customer expressly refuses the delivery of the Products ordered, the Purchase Contract will be considered terminated pursuant to art. 1456 cc: he/she will be charged the entire cost and the customer will have to place a new order. The Customer who has requested home delivery but has not collected the products due to repeated absence or refuses to collect them, will be charged for any costs for redelivery and storage.
8.4. The Customer must verify that there are no obstacles to accessing the indicated delivery address or, in such case, the Customer must inform POOLITO SRL SB. In pedestrian areas, delivery can only reach the point where access to the vehicle transporting the Products to be delivered is allowed. The personnel carrying out the delivery cannot be asked to bring the Products inside the Customer's home.
8.5 The Customer acknowledges that the reclamation of the Product is a specific obligation deriving from the Purchase Contract.
8.6 In case of non-delivery or delayed delivery with respect to the delivery terms indicated in these General Conditions of Sale, the Customer, pursuant to art. 61, paragraph 3 of the Consumer Code, has the right to request that POOLITO SRL SB makes the delivery within an additional period appropriate to the circumstances. If this additional term expires without the Products having been delivered, the Customer is entitled to terminate the Purchase Contract, with full reimbursement of the order costs.
8.7 In the event of termination of the Purchase Agreement provided for in this paragraph, the Customer will be entitled to obtain without undue delay a refund equal to the purchase price of the Product/s, in addition to the shipping costs. The reimbursement will take place no later than 14 working days from the date on which POOLITO SRL SB received the communication of termination of the Purchase Agreement from the Customer. The reimbursement will be made using the same payment method used in the order.
9.1 POOLITO SRL SB cannot be held responsible for the failure to execute the order on time, if the same is due to force majeure or unforeseeable circumstances, or for disruptions to the Internet network.
9.2 POOLITO SRL SB will also not be liable for damages deriving from losses and costs suffered by the Customer for the non-execution of the Purchase Contract due to causes not attributable to POOLITO SRL SB.
9.3 POOLITO SRL SB cannot be held responsible for information, data or any other inaccuracies that may be contained in the Site, not directly attributable to POOLITO SRL SB.
9.4 POOLITO SRL SB assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, if it proves to have adopted all possible precautions based on the best science and experience available at the moment and based on ordinary diligence.
10) Right of withdrawal
10.1 Pursuant to art. 52 and ss. of the Consumer Code, the Customer has the right to withdraw from the Product Purchase Agreement without incurring in costs other than the direct ones for returning the goods. The Customer will not need to provide any reasons for said withdrawal, as long as this occurs within the limits of the Withdrawal Period. The Withdrawal Period expires after 14 calendar days from the day on which the Customer or a third party designated by the Customer acquires physical possession of the Products.
The Consumer Code limits the right of withdrawal for those goods that are either (i) likely to deteriorate or expire rapidly or, (ii) sealed and opened after delivery, therefore not suitable to be returned for hygienic reasons. Since the Products sold by POOLITO SRL SB may fall into the categories indicated above, POOLITO SRL SB will assess and decide on the legitimacy of the Customer's right to ask for a withdrawal.
In such cases, whenever the right of withdrawal cannot be applied in accordance with the relevant regulations, POOLITO SRL SB will notify the Customer within 7 working days of receipt of the Product, rejecting the request for a return. The Customer will therefore not have the right to a refund and the Product will remain at his disposal for collection, which must be done at the Customer's own expense.
10.2 To exercise the right of withdrawal, the Customer must inform POOLITO SRL SB of his/her decision by sending an email to firstname.lastname@example.org before the expiration of the Withdrawal Period. In this communication, the Customer must indicate the order number, the Product(s) he/she intends to return and his/her address.
10.3 Following this communication, the Customer must proceed with the return of the goods without undue delay and in any case within 14 calendar days from the communication date. In this regard, the shipping date will attest to the return.
The Customer must return the Product to POOLITO SRL SB using a carrier of his/her choice. The shipping costs for returning the Products will be paid by the Customer.
10.4 The reimbursement recognized by POOLITO SRL SB in favour of the Customer in case of legitimate exercise of the right of withdrawal will be equal to the purchase price of the Product(s) plus the shipping costs. It will take place without undue delay and within 14 days from the date on which the Customer informed POOLITO of the decision to withdraw from the contract. The refund will be made via the same payment method used by the Customer at the time of the order.
10.5 The Customer is responsible for any decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. In the event of withdrawal, the refund amount will be reduced by an amount equal to Product's decrease in value. POOLITO SRL SB will notify the Customer by e-mail of the circumstance and the consequent reduced refund amount within 7 working days of receiving the Product.
11) Legal warranty of conformity
11.1 All Products ordered on the Site are covered by the legal warranty of conformity provided for in Articles. 128-135 of the Consumer Code ("Legal Warranty"). In case of Products that do not comply with the Purchase Agreement, pursuant to articles 129 and ss. of the Consumer Code, the Customer loses all rights if he/she does not report the non-compliance to POOLITO SRL SB within 2 months from the date on which the defect was discovered. The report is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
11.2 In any case, unless proven otherwise, it is assumed that the non-compliance that occurs within 6 months of delivery of the Product (s) already existed on that date, unless this is incompatible with the nature of the Product or with the nature of the non-compliance.
11.3 In the event of a non-compliance, the Customer may request, alternatively and without charge under the conditions indicated below, (i) the repair or replacement of the Product, or (ii) a reduction in the price, or (iii) the termination of the Purchase Contract, unless the request is objectively impossible to satisfy or is excessively burdensome for POOLITO SRL SB pursuant to art. 130, paragraph 4 of the Consumer Code.
11.4 The request must be sent in writing to POOLITO SRL SB by registered letter with return receipt or to the pec address email@example.com. POOLITO SRL SB will indicate its willingness to process the request, or the reasons that prevent it from doing so, within 7 working days of receipt. In the same communication, if the Customer's request has been accepted, POOLITO SRL SB must indicate the shipping or return methods of the Product(s) as well as the deadline for the return or replacement of the defective goods.
11.5 If (i) repair and replacement are impossible or excessively expensive, or (ii) POOLITO SRL SB has not repaired or replaced the Product/s within the term referred to in the previous point, or (iii) the replacement or repair previously carried out have caused significant inconvenience to the Customer, the latter may request, at his choice, an appropriate reduction in the price or the termination of the Purchase Agreement. In this case, the Customer must send his request to POOLITO SRL SB, which will indicate his willingness to proceed with it, or the reasons that prevent it from doing so, within 7 working days.
11.6 If the Customer's request has been accepted, in the same communication POOLITO SRL SB must indicate the proposed price reduction or the methods for returning the defective Product(s). The re-credit of the sums previously paid will be made on same payment method used at the time of the order, unless the Customer agrees on a different mean of payment.
13) Applicable law and competent court
13.1 The Purchase Agreement concluded on the Site is governed by Italian law.
13.2 Any dispute that may arise in relation to the application, interpretation and execution of these General Conditions of Sale will be discussed in the court of jurisdiction of the residence indicated by the Customer.
(revision of 29/09/2021)