General Terms and Conditions of Sale

Art. 1 - General Provisions

1. By navigating in this area, the user accesses Palmarea di Melfitano Davide, accessible through the url: https://www.palmarea.it/ . Browsing and transmitting a purchase order on the site implies acceptance of the Conditions and Data Protection Policies adopted by the site as set out therein.

2. These General Terms and Conditions of Sale apply to the sale of goods and the provision of services with exclusive reference to purchases made on the website in accordance with the provisions of Part III, Title III, Chapter I, Consumer Code (Legislative Decree no. 206/05 amended by Legislative Decree no. 21/14 and Legislative Decree no. 70/03) by

   Company: Palmarea di Davide Melfitano
   Location: Via Giacomo Leopardi 58 B, 39012 Merano ( BZ )
   VAT number: 03267110215
   Registered in the REA, no: BZ - 245816

3. The user is obliged, before accessing the products and services provided by the site, to read these General Terms and Conditions of Sale, which are generally and unequivocally accepted at the time of purchase.

4. The user is invited to download and print a copy of the purchase form and these General Terms and Conditions of Sale, the terms of which Palmarea di Melfitano Davide reserves the right to modify unilaterally and without prior notice.

Art. 2 - Object

1. These General Terms and Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for goods and services on www.palmarea.it. They do not, however, govern the provision of services or the sale of products by parties other than the seller that are present on the same site via links, banners or other hypertext links.

2. Before placing orders and purchasing products and services from other parties, we suggest you check their terms and conditions of sale.

Art. 3 - Conclusion of the Contract

1. In order to conclude the purchase contract, it will be necessary to complete the form electronically and submit it following the relevant instructions.

2. It contains a cross-reference to the General Terms and Conditions of Sale, information on each service purchased and images of each product and its price, the means of payment that can be used, the delivery methods for the products purchased and the related shipping and delivery costs, a cross-reference to the conditions for exercising the right of withdrawal; methods and times for returning the products purchased. The seller is not liable for any inadequacy of the graphic representations of products shown where this is due to technical reasons, since the representations are merely illustrative.

3. Before concluding the contract, you will be asked to confirm that you have read the General Terms and Conditions of Sale including the Information on the right of withdrawal and processing of personal data.

4. The contract is concluded when the seller receives the form filled in by the user, after checking that the data contained therein is correct.

5. The user will be obliged to pay the price from the moment the online order process is completed. This will be done by clicking on the 'Buy Now' button at the end of the guided procedure.

6. Once the contract is concluded, the seller takes over the order for processing.

Article 4 - Registered Users

1. In completing the registration procedures, the user undertakes to follow the instructions on the site and to provide their personal data correctly and truthfully.

2. The confirmation will in any case exempt Palmarea di Melfitano Davide from any responsibility regarding the data provided by the user. The user undertakes to promptly inform Palmarea di Melfitano Davide of any variation of their data communicated at any time.

3. Should the user then communicate inaccurate or incomplete data, or should there be any dispute by the parties concerned regarding the payments made, Palmarea di Melfitano Davide shall have the right not to activate or to suspend the service until the relevant shortcomings have been remedied.

4. On the occasion of the first request for activation of a profile by the user, Palmarea di Melfitano Davide 9attribute to the same user name and a password. The latter acknowledges that such identifiers constitute the validation system of the user's access to the Services and the only system capable of identifying the user that the acts performed through such access will be attributed to him/her and will be binding on him/her.

5. The user undertakes to keep his access data secret and to guard them with due care and diligence and not to pass them on, even temporarily, to third parties.

Art. 5 - Availability of Products

1. Product availability refers to the actual availability at the time the user places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence of several users on the site, products may be sold to other customers before the order is confirmed.

2. For clothing, availability is indicated for each size and colour. The images and colours of the products published on the site may differ slightly from the real ones due to the settings of the computer systems or computers used by users to view them.

3. Even after sending the order confirmation e-mail, partial or total unavailability of goods may occur. In this eventuality, the order will be rectified automatically by deleting the unavailable product and the user will be informed immediately by e-mail.

4. If the user requests the cancellation of the order, terminating the contract, Palmarea di Melfitano Davide will refund the amount paid within 14 days of Palmarea di Melfitano Davide becoming aware of the buyer's decision to terminate the contract.

Art. 6 - Products Offered

1. Palmarea di Melfitano Davide markets:

   • Clothing and accessories

2. The offer is detailed on our website at the link: www.palmarea.it

3. For each garment, Palmarea di Melfitano Davide provides specific information regarding:

   • Fabric composition and materials
   • Care and washing instructions
   • Size guide
   • Country of origin

Art. 7 - Terms of Payment and Prices

1. The price of the products and services shall be that indicated on the site from time to time, except where there is an obvious error.

2. In case of error Palmarea di Melfitano Davide will inform the buyer as soon as possible allowing the confirmation of the order at the right amount or cancellation. There will be no obligation for Palmarea di Melfitano Davide to supply what was sold at the lower price erroneously indicated.

3. Prices on the site are inclusive of VAT and include shipping costs. Prices may change at any time. Changes do not affect orders for which order confirmation has already been sent.

4. Once you have selected the desired products and services, they will be added to your shopping cart. Simply follow the purchase instructions, entering or verifying the required information at each step of the process. Order details can be changed before payment.

5. Payment can be made by: Credit cards and/or similar services

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Art. 8 - Delivery

1. Palmarea di Melfitano Davide delivers throughout Italy, excluding the Vatican City State and the Republic of San Marino.

2. Palmarea di Melfitano Davide will only deliver to the user's domicile, provided at the time of purchase.

3. Delivery is generally made within 5 working days, or, if no delivery date is specified, within the term estimated when selecting the delivery method and, in any event, within a maximum of thirty days from the date of confirmation.

4. If delivery is not possible, the order will be sent to the warehouse. In that event, a notice will specify the location of the order and how to agree on a new delivery.

5. If you are unable to be present at the delivery location at the agreed time, please contact us again to arrange a new delivery date.

6. If delivery cannot take place for reasons not attributable to us after thirty days from the date on which the order is available for delivery, we shall assume that we intend to terminate the contract.

7. As a consequence of termination, the amounts shall be returned, including the costs of delivery to the exclusion of any additional costs resulting from the choice of a delivery method other than the ordinary method offered without undue delay and, in any event, within 30 days from the date of termination of the contract. Transport resulting from the termination of the contract may have additional costs that shall be borne by the purchaser.

8. Shipping costs are the responsibility of the purchaser and are explicitly highlighted when placing the order.

9. The services provided by the web page will be delivered to the customer within 96 hours and no later than 30 days after the purchase made on the site.

10. The services will be available online or sent to the email address the customer provided at the time of purchase.

11. If delivery cannot take place for reasons beyond the control of either party, the user shall be fully reimbursed for payment.

Article 9 - Passing of Risk

1. The risks relating to the products shall pass to the purchaser from the moment of delivery. Ownership of the products shall be deemed to have been acquired upon receipt of full payment of all sums due in respect thereof, including shipping costs, or upon delivery, should this occur at a later date.

Article 10 - Warranty and Commercial Conformity

1. The seller is liable for any defect in the products offered on the site, including non-conformity of the items to the products ordered, pursuant to the provisions of Italian law.

2. If the purchaser has entered into the contract as a consumer, i.e. any natural person acting on the site for purposes outside his or her trade or profession, this guarantee shall be valid provided that the defect manifests itself within 24 months from the date of delivery of the products; that the purchaser submits a formal complaint regarding the defect within a maximum of 2 months from the date on which the defect was acknowledged by the purchaser; and that the online return form is filled in correctly.

3. In the event of non-conformity, the user who has entered into the contract as a consumer shall be entitled to obtain the restoration of the conformity of the products free of charge, by repair or replacement, or to obtain an appropriate price reduction or the termination of the contract in respect of the disputed goods and the consequent refund of the price.

4. For garments, any conformity defects include:

   • Manufacturing defects
   • Substantial differences in colour, model or size compared to what is presented on the site
   • Malfunctions of elements such as zips, buttons, seams or other components that impair the normal use of the garment

5. In assessing the conformity of textile products, account will be taken of their nature and the normal characteristics of the fabrics, including any minor variations in colour or texture within the tolerance standards of the industry.

6. All return costs for defective products will be borne by the seller.

Article 11 - Withdrawal

1. In accordance with the legal provisions in force, the purchaser has the right to withdraw from the purchase without penalty and without specifying the reason, within the term of 14 days pursuant to Article 57 of Legislative Decree 206/2005 commencing from the date of receipt of the products.

2. Palmarea di Melfitano Davide extends the aforementioned term from 14 to 30 days, so it will be possible for the user to withdraw from the purchase contract until the expiry of this term, starting from the day following the day of receipt of the products purchased online.

3. In the case of multiple purchases made by the purchaser in a single order and delivered separately, the 30-day period runs from the date of receipt of the last product.

4. Users wishing to exercise their right to cancel their purchase may send an e-mail, indicating the order number and user name, to: [email protected]

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5. The purchaser shall also exercise the right of withdrawal by sending any express declaration containing the decision to withdraw from the contract or alternatively by sending the standard withdrawal form, as set out in Annex I, Part B, Legislative Decree 21/2014, which is not mandatory.

6. The goods must be returned to: Melfitano Davide, Via Giacomo Leopardi 58 B, 39012, Merano ( BZ).

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7. For garments, the goods must be returned:

   • Intact and undamaged
   • Not worn, if not for testing only
   • With all original labels still attached
   • In the original packaging, complete in all its parts
   • Complete with attached tax documentation
   • Without odour, stains or signs of wear

8. Without prejudice to the right to verify compliance with the above, the site shall refund the amount of the products subject to withdrawal within a maximum period of 14 days from the date on which it was informed of the consumer's decision to withdraw from the contract pursuant to Article 56 of Legislative Decree 206/2005. Any shipping costs shall be refunded in the event that the entire order is subject to withdrawal.

9. As provided for in Article 56(3) of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, the site may suspend the refund until receipt of the goods or until the purchaser proves that he has returned the goods.

10. The right of withdrawal shall not apply in the event that the services and products of Palmarea di Melfitano Davide are included in the categories of Article 59 of Legislative Decree 206/2005, in particular for custom-made or clearly customised products.

11. The site will make the refund using the same means of payment chosen by the purchaser at the time of purchase. In the case of payment by bank transfer, and if the user intends to exercise his or her right of withdrawal, he or she must provide the bank details: IBAN, SWIFT and BIC required to make the refund.

Article 12 - Data processing

1. The purchaser's data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the section containing the information pursuant to Article 13 EU Regulation 2016/679 (Privacy Policy).

Art. 13 - Safeguard Clause

1. Should one of the clauses of these General Terms and Conditions of Sale be invalid for any reason whatsoever, this shall not affect the validity of and compliance with the other provisions of these General Terms and Conditions of Sale.

Article 14 - Contacts

1. All enquiries may be sent by e-mail to the following address [email protected], by telephone to the following address: +640273841341 , and by post to the following address: Via Giacomo Leopardi 58 B, 39012 Merano (BZ)
   

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Art. 15 - Applicable Law and Jurisdiction

1. These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Italy, without prejudice to any other overriding mandatory rules of the purchaser's country of habitual residence. Accordingly, the interpretation, execution and termination of the General Terms and Conditions of Sale shall be subject exclusively to Italian law.

2. Any disputes inherent and/or consequent thereto shall be settled exclusively by the Italian courts. In particular, if the user has the status of Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same in accordance with the applicable law.

Art. 16 - Sustainability and conformity of textile products

1. Palmarea di Melfitano Davide is committed to providing accurate information on the composition of materials used in garments, in compliance with EU Regulation No. 1007/2011 on textile fibre names and the labelling and marking of the fibre composition of textile products.

2. All garments marketed comply with the safety requirements of European and Italian regulations applicable to textile products, including REACH Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals.

3. Upon request, Palmarea di Melfitano Davide will provide information on product quality and sustainability certifications as well as production conditions and traceability of the production chain.

These conditions were drawn up on 18/03/2025