The Pennyblack website is composed of two different URLs:
- one dedicated to the corporate site, brand.pennyblack.com, managed by Manifatture del Nord, Capital EUR 9.850.505,00, fully paid-in Sole Shareholder Company, Max Mara Group, Registered Office in Via Mazzacurati 6, 42122, Reggio Emilia, Italy, Tel. +39 0522-3581, Fax +39 0522-550018, Economic Administrative Repertoire: Reggio Emilia No. 182469 - Reggio Emilia Company Register, Tax Code and VAT no. 01397590355, N. Mecc. RE 004510, hereinafter, “Pennyblack”
- one dedicated to the ecommerce website pennyblack.com, managed by the Swiss online distributor of Pennyblack products, E-volve Service Sa, a company incorporated under Swiss law, with registered office in Via Cantonale, Galleria 1, CH-6928 Manno, Switzerland - Capital CHF 20,000, which oversees all sales operations and transactions executed as part of online product sales, such as: order management, from the sale to delivery of the products, management of returns, warranties, payments and billing.
Disclosure on the processing of personal data
(Art. 13 of Italian Legislative Decree no. 196 of 30 June 2003)
Pennyblack, the controller of the data, however such data is provided (at the point(s) of sale, through online sign up/registration forms, etc.) concerning users reading this disclosure, hereby informs you that such data shall be processed in accordance with the legal provisions set forth in the Privacy Law, Italian Legislative Decree no. 196 of 30 June 2003, for the following purposes:
1) invitations to events, newsletters, notifications of sales and promotional initiatives, the transmission of advertising material and any other promotional or sales initiative;
2) competitions and/or contests;
3) market research and any other marketing studies (conducted directly or through specialised companies).
The data shall be processed using electronic and/or manual media, according to procedures in line with the purposes indicated above which, in any event, shall guarantee the security of such data.
Provision of your data is optional. However, if such data is not provided or partially provided, it will be impossible to pursue the purposes set forth in points 1, 2 and 3.
The data shall be stored and processed in compliance with the procedures set forth in Italian Legislative Decree no. 196 of 30 June 2003, adopting all the required minimum security measures.
Your data may be communicated to shopping agencies, telephony companies, publishing companies, advertising agencies, companies specialising in marketing analysis and/or that conduct market research, companies providing promotion management services, including competitions and/or contests, other points of sale, including online shops, to all the commercial chains belonging to the brands that distribute Max Mara Group products, consultants and agents, and to companies that supply the products you purchase.
Users' data may also be divulged via internet in the event that you are the winner of competitions and/or contests.
You, as a data subject, have the right, at any time, to obtain confirmation of whether your data exists and to know the content and source of such data, verify the accuracy of such data or request supplementation or updating or correction of the data (Art. 7 of Italian Legislative Decree no. 196 of 30 June 2003).
Pursuant to said article, data subjects have the right to request the deletion, transformation into anonymous form or blocking of data processed unlawfully, as well as to object, on legitimate grounds, to the processing of such data.
The rights pursuant to Article 7 of Italian Legislative Decree no. 196 of 30 June 2003 may be exercised by the data subjects at any time by contacting the data controllers, which are the point of sale where you provided your data or, in any event, the company Pennyblack.
Furthermore, if you, as the data subject, have any questions or comments on our Disclosure on the Processing of Personal Data, please send us an email at: email@example.com
GENERAL TERMS AND CONDITIONS
Scope of application
1. The general terms and conditions set forth herein (hereinafter: "T&C") shall apply to all orders and purchases of clothing and accessories (hereinafter: the "Products") on the website pennyblack.com (hereinafter: "Website"), managed by E-volve Service Sa, a company incorporated under Swiss law, with registered office in Via Cantonale, Galleria 1, CH-6928 Manno, Switzerland (hereinafter: "E-volve") by persons resident in Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom (hereinafter: "you", or "Customer").
2. You, the Customer, must carefully read the T&C before placing any orders.
3. By accepting the T&C and placing an order, you declare:
i. that you have read, understood and fully accept these T&C without reservations;
ii. that you are a consumer and you intend to purchase the Products exclusively for personal use, not to resell them as part of a commercial enterprise or business of any type;
iii. that you authorise E-volve to store, process, use and transfer to third parties and/or abroad the (personal) data contained in the order, for the purpose of executing the order.
4. E-volve shall do its best to ensure that the information contained on the Website is accurate and up-to-date. However, we cannot provide any guarantees in this regard. You acknowledge and accept that the Products may not fully comply with the information, specifications and/or photographs on the Website.
5. The contract of sale between E-volve and the Customer shall be deemed as finalized with the transmission to the Customer, at the email address indicated by the Customer in the order, of the written confirmation of shipment.
6. E-volve shall consider any requests for order cancellation received by E-volve before the Products have been shipped to the Customer.
7. If a specific Product in your order is no longer available, E-volve shall be under no obligation to supply the Product in question; rather, it shall only be required to promptly inform you of this situation. If only some of the Products in the order are available, E-volve will contact you to ask whether you intend to cancel the order or if you are willing to receive only the Products available and/or any substitutions among those available. In that case, you will be charged only the amount relating to the Products you will receive.
8. E-volve reserves the right to decrease, at its discretion, the quantity of Products which may be purchased on its Website.
9. The prices of the Products shall, in any event, be those indicated on the invoice, in the currency indicated during purchase. E-volve shall, in any event, do its best to ensure that the prices on the website are current and up-to-date.
10. Shipping and delivery costs are free of charge.
11. You shall authorize payment at the time you place an order, via credit card or using other methods set forth in the related section of the website. The amount paid will be effectively charged at the time the shipment is confirmed.
For payment using a PayPal account, you must enter your username and password in the specific fields on the PayPal page you are automatically directed to, to then complete the payment following the procedures indicated by the service provider. During payment, Pennyblack will store an identification code associated with your PayPal account that authorises future payments esclusively on pennyblack.com for orders or exchanges. You will therefore no longer have to enter your PayPal login data at checkout on this website. It is possible to withdraw this authorisation at any time from the Pennyblack account page, by writing to our Customer Care (firstname.lastname@example.org) or directly from your PayPal account page.
The order procedure shall be considered effectively concluded on completion of the payment transaction, once you are redirected to the page of the Web Site displaying the confirmation of acceptance of the order.
12. Products shall be delivered to the delivery address you have provided in the order. Should it be evident that the product has been damaged, hidden or gone missing in transit, Customers are requested to call our Customer Service department within max. 48 hours, using the “Contacts” link in the Customer Service area on the website pennyblack.com. E-volve will provide reimbursement for any product sold that has been damaged during the transport carried out by its forwarding agent, or proves missing, provided that:
- the Customer has, via the “Contact Us” page in the “Customer Service” area of the website pennyblack.com, provided written notification of the damage or the absence of the product, within 48 (forty eight) hours of the delivery date;
- the Customer provides E-volve with the original packaging, and – in the event of damage – of the product in question;
- in the event of damage, the numbered guarantee seal must not be removed, and must appear as it was placed on the item at the quality control stage prior to transport.
If one or more of the above conditions are not complied with, E-volve will not reimburse the amount paid or replace the product, which, in this case, will be made available for collection by the Customer at their expense. In this case, E-volve, will send an e-mail indicating that the return has not been accepted, indicating where the goods can be collected.
13. In general, the Products will be delivered within 30 (thirty) days from date of order confirmation by E-volve, without prejudice to the fact that delivery times may vary depending on the destination country. If delivery is delayed for reasons not attributable to E-volve, you will be notified of the new delivery date, if possible.
14. E-volve reserves the right to reject, suspend or cancel, at its own discretion, the delivery or fulfilment of any of the obligations deriving from the contract of sale, in the event of alleged fraud, breach or violation by the Customer of obligations undertaken in relation to E-volve by way of previous orders and/or contracts of sale. If the Products ordered are required to undergo customs controls (based on the destination country), all customs charges related to the clearance of the goods shall be borne by the Customer. If you decide to refuse the order once it has reached customs, E-volve will not authorise the refund for the goods, which shall be left with the customs office.
Right of withdrawal
15. You have the right to return the Products purchased on pennyblack.com, without being charged any penalties and without having to provide a reason for the return, within fourteen (14) calendar days starting from the day you received the Products in question, or, if longer, within the term set forth in the statutory regulations applicable in your country of residence.
16. With the receipt of the Products by E-volve, the contract of sale shall be deemed cancelled for all legal effects, and the related obligations, rights or claims shall be forfeited, without prejudice to the fact that if the Products returned to E-volve are damaged, E-volve shall have the right to compensation for such damage using the payment you have already made for the Products.
17. In addition to the above (Clauses 15-16), the right of withdrawal is subject to the following conditions:
i. Within fourteen (14) calendar days from the date you received the Products, you may request authorization to return them.
If you are a registered user, to request the return, access the "My Orders" section in your personal area, and click on RETURN. If you purchased as a guest and do not have a user profile, you must directly contact customer care.
ii. After submitting the return request, our customer service will contact you in order to schedule the home pick up of the returned product, providing you the UPS return label and the instructions to follow. The return service is free of charge. The return address is the following:
Customer Care Pennyblack
c/o Magazzino resi E-commerce
Via Mazzacurati 4
42122 Reggio Emilia
iii. returned Products must not be used, worn out or damaged;
iv. the tag identifying the Product must still be attached to the product;
v. the Product must be returned in its original packaging, along with any accessories or instruction manuals;
vi. the returned Products will be picked up by E-volve, at its expense.
18. As soon as E-volve is able to confirm that the requirements have been met, it will send you an email confirming the acceptance of the return, and will initiate the refund procedure so that you will receive the refund of the amount paid for the returned Products in the following thirty (30) days, irrespective of the method of payment you used previously. The amounts paid by the Customer will always exclusively be refunded to the Customer that made the payment.
19. In the event that the above requirements are not met, you shall not have the right to refund of the amount paid to E-volve. Nonetheless, you will only have the right to pick up the Products returned at the Manifatture del Nord S.r.l. warehouse, at your own risk and expense. If you do not request to have the returned Products sent back to you within thirty (30) days from the related notification from E-volve, E-volve shall have the right to hold them as well as to keep the amount received for the transaction.
20. The Customer may contact our Customer Service department free of charge via email using the appropriate form, or by telephone at the number indicated from Monday to Friday. Should the Customer decide to use any other means of communication (e.g. post, fax, toll telephone number assigned to Pennyblack, etc.), any expenses incurred will not be reimbursed by E-volve.
Warranty and limitation of liability
21. E-volve's warranty is limited to any defects arising in the Products, excluding, without limitation, any implicit warranty concerning quality or suitability for your purposes, for a period of 2 (two) years from the delivery of the Products.
22. The sole purpose of the warranty is to grant a refund of the amount paid for defective Products, provided that E-volve is notified of the defect within 6 (six) months from the time it was detected.
23. In addition to that set forth above (Articles 20-21), the right of withdrawal is subject to the following conditions, on pain of forfeiture of the warranty.
Before sending the defective Products back to E-volve, you must request authorization for the return. If you are a registered user, to request authorization of returns, access the section in your personal area “My Orders”, click on the link “Return Product”, and schedule the home pick up online.
If you made purchases without registering, and do not have your own account, you must directly contact customer care to schedule the home pick up.
24. Once it has received the Product and verified its defects, E-volve will send you an email confirming the acceptance of the return, and will initiate the procedure to refund you the amount paid for the defective Product, which must be concluded within thirty (30) days, irrespective of the method of payment you used previously. The amounts paid by the Customer will always exclusively be refunded to the Customer that made the payment.
In the event that the above requirements are not met, or in the event that the defect you have reported is not found, you shall not have the right to refund of the amount paid to E-volve. Nonetheless, you will only have the right to pick up the Products returned at the Manifatture del Nord S.r.l. warehouse, at your own risk and expense. If you do not request to have the returned Products sent back to you within thirty (30) days from the related notification from E-volve, E-volve shall have the right to hold them as well as to keep the amount received for the transaction.
25. Without prejudice to the above warranty, E-volve shall not be held liable (under contract or in tort) in any way to the Customer, within the limits of the applicable statutory regulations.
26. The maximum limit of total liability of E-volve may in no event exceed the amount paid by the Customer to purchase the Product.
27. If one or more of the provisions of these T&C should result null and void, voidable, illegal or unenforceable, this shall not result in the unenforceability of the T&C. The provision in question shall be replaced with a similar valid provision which takes due account of the intent and the content of the original provision, in compliance and in accordance with regulations in force.
Lastly, we inform you that requests to have purchased items tailored will in no case be granted. Likewise, no costs will be reimbursed for the independent tailoring or adjustment of purchased items, which will remain entirely at the customer's own expense. In the event of a defective item, the customer is invited to contact Customer Service as soon as possible within the product's return period, for any applicable action regarding this matter.
28. These T&C are subject to Swiss substantive law (excluding the Swiss law on international private law and international treaties, specifically, the United Nations Convention on Contracts for the International Sale of Goods). Any disputes which may arise shall be submitted to the exclusive jurisdiction of the competent court of Lugano (Switzerland).