GENERAL CONDITIONS OF ONLINE SALES

You can request any information through our support services by contacting customer service by writing to customercare@plumen.com. You can find information about purchases and shipping, refunds and returning products purchased on plumen.com.

Remember that you can always contact the Seller through customer service by writing to customercare@plumen.com. For any other legal information, please consult the sections: 

General Conditions of Use, Privacy Policy and Right of Withdrawal.

 

1.    Scope of application

1.1.    These general conditions of online sale ("General Conditions") apply to all contracts of sale concluded between Plumen Srl, which markets Plumen branded products with its registered office in Via Alfieri 18 - 10121, Turin, Italy ("Company"), and the User, understood according to article 3 of the Legislative Decree no. 206/2005 ("Consumer Code") as a consumer i.e, any natural person or any entrepreneurial, commercial, handicraft or professional activity carried out ("User") on the basis of orders submitted electronically through the website www.plumen.com and pro.plumen.com ("Website").

1.2.    By declaring acceptance of these General Conditions when purchasing a product on the Website, the User agrees to comply with these General Conditions. The User may not purchase products through the Website if he/she does not accept these General Terms.

1.3.    The General Conditions apply regardless of the nationality of the User, provided that the delivery of the products takes place in one of the countries in which the online sales service operates, as listed in the table on the Website.

 

2.    Amendments to the General Conditions

2.1.    The Company reserves the right to make changes to these General Conditions from time to time, where such changes are necessary to ensure compliance with new legal provisions, for technical reasons, to adapt them to the sales models adopted by the Company or to better protect the rights of the Parties. The most recent version of the General Conditions is published from time to time on the Website. In any case, the version of the General Conditions in force at the time the order is placed shall apply to each purchase. 

 

3.    Creating an account

3.1.    In order to proceed with the purchase of products on the Website, the User must (i) access the Website with his or her authentication credentials already obtained following the creation of an account in his or her name on the Website, or (ii) create a new account on the Website, or (iii) proceed with the purchase as a "guest" user, without the need for any registration.

3.2.    In order to create a new account on the Website, the User must (i) correctly complete the fields in the registration form, entering all the data requested therein (including but not limited to: name, surname, email address, username and password), (ii) confirm that he/she has read the privacy policy on the Website and provide any additional consent and (iii) confirm the registration. 

3.3.    When creating an account on the Website, the User must choose a username and password, the length of which must not be less than 8 characters, in accordance with the password creation criteria indicated on the Website from time to time. The User acknowledges and accepts that the credentials for accessing the Website are personal and must not be communicated or transferred to third parties. The User agrees to keep his/her password secret and to notify the Company immediately in the event of unauthorized use of the account or loss or theft of access credentials by sending a written notice to the Company at the addresses indicated in Article 16, with a detailed explanation of the incident and a copy of his/her identity document. Upon receiving notice from the User, the Company will block the User's access credentials and will provide the User with new access credentials. The Company assumes no responsibility for any loss or damage resulting from the fact that the User has not kept his password safe or has not notified the Company of the unauthorized use, loss or theft of the password. You assume all liability to the Company for any loss and/or damage arising from any unauthorized use of your account.

3.4.    Registration on the Website is free of charge, it being understood that (i) the User is responsible for the cost of the Internet connection used to access the Website, in accordance with the rates, terms and conditions applied by its operator and (ii) the purchase of a product on the Website implies the obligation for the User to pay the Company the fees due for such product.

3.5.    Following registration on the Website, the User will receive an e-mail message at the address indicated during registration. 

3.6.    The User can cancel his account at any time by sending an e-mail to the Company at the address indicated in Article 16 below. Upon receipt of such notice, any contractual relationship between the User and the Company - except for purchase orders already sent before the cancellation request - will be considered terminated and the User's username and password will be deleted.

 

4.    Login as guest

4.1.    The User may also purchase via the Website as a guest, without creating an account on the Website. In this case, the User must (i) correctly complete the fields in the appropriate form on the Website, entering all the data required therein (including but not limited to: name, surname, billing and delivery address, email address), and (ii) accept these General Conditions. 

4.2.    After filling out the form, the user can select a payment method from those indicated in Article 8.1 below and electronically submit their purchase order to the Company.

 

5.    Conclusion of the purchase contract

5.1.    The User must select the products and place them in the shopping cart, without prejudice to the possibility of changing or deleting the contents of the cart at any time before proceeding with the purchase order.

5.2.    The submission of a purchase order through the Website constitutes a binding offer to purchase the selected products and, therefore, the conclusion of a purchase contract, which shall be fully governed by these General Conditions ("Contract").

5.3.    Before confirming the purchase order, the User is required to check the summary of the purchase order to verify that all data provided is correct. Any errors in data entry may be corrected using the appropriate data editing functions on the Website. In the event of errors which the User becomes aware of only after confirming the purchase order, the User may correct the errors by contacting the Company's Customer Service in the manner indicated in Article 16 below.

5.4.    Once the purchase order has been sent, the Company will send the User an e-mail confirming receipt of the order, containing the order number and details of the order placed ("Receipt Confirmation"). The Confirmation of Receipt does not constitute acceptance of the purchase order, unless such acceptance is expressly provided for in the Confirmation of Receipt itself; in this case, the Contract shall be considered concluded following the acceptance. In all other cases, the Contract shall be considered concluded upon shipment of the products ordered as provided for in Article 9 below.

5.5.    In the absence of an express declaration of acceptance of the order in the Confirmation of Receipt and in the event of failure to ship the products ordered within the agreed terms, the offer of the Consumer to conclude a Contract shall be deemed rejected

5.6.    The User is required to keep the order number in the Confirmation of Receipt for the purpose of any communication with the Company.

5.7.    The Contract may be concluded in the following languages: Italian and English.

 

6.    Product selection

6.1.    The User may only purchase the products in the catalogue published on the Website and available at the time of the User's purchase order. The catalogue of the products may be periodically updated by the Company, which, therefore, does not guarantee the permanence of a product among those available nor the availability of all versions of each product/colour in the catalogue.

6.2.    Each product is accompanied by a description of its main features. The images and colours of the products in the descriptions may not correspond faithfully to the real ones due to the settings of the computer systems or devices used by the User to view the Website. Therefore, the images published must be considered indicative within the limits of normal tolerance.

6.3.    The products on the Website are available while stocks last. If, although selectable, the chosen product is not available, the Company will promptly notify the User via e-mail to the address provided by the User. If the product is permanently unavailable, the Company may propose to the User the termination of the Contract and the refund of the price already paid, including shipping costs, if applicable.

 

7.    Product prices

7.1.    Sales prices are expressed in EUR inclusive of VAT, if applicable according to the country where the products are shipped. 

7.2.    The sale prices applicable to the User are those published online at the time the purchase order is submitted. These prices may be subject to change without notice. It is the User's responsibility to verify the final price before submitting the purchase order.

7.3.    The Company reserves the right to apply different sale prices depending on the country in which the products are shipped.

7.4.    All prices of the products on the Website are net of shipping costs and any customs charges, which remain the full responsibility of the User. 

 

8.    Payments; invoicing; reimbursements

8.1.    The payment methods available to the User are listed below:

8.1.1.    Credit card (Visa, Mastercard, American Express; Maestro);

8.1.2.    PayPal;

8.1.3.    Bank Transfer;

8.2.    The price must be paid (i) at the time the order is placed, in case of payment by credit card or PayPal 

8.3.    For each purchase made through the Website, the Company sends the User a receipt of payment. This receipt is attached to the Confirmation of Receipt, if the latter constitutes acceptance of the order, or to the Shipping Confirmation (as defined below) pursuant to Article 5.4.

8.4.    The Company reserves the right not to accept the purchase order in the event that the relative manager does not authorise payment by one of the payment methods provided for in Article 8.1.

8.5.    Any refunds of amounts paid by the User to the Company will be made using the same payment method used by the User to make the purchase. Refunds will be processed in the time and manner provided by the operator of such payment instrument.

 

9.    Shipping and delivery of products

9.1.    Products purchased on the Website are delivered to the shipping address indicated by the User when registering on the Website or purchasing the product. The delivery of products is carried out by approved couriers. 

9.2.    Upon delivery of the products to the courier, the User receives a confirmation notice via e-mail from the Company, which expressly indicates the name of the courier used, the estimated delivery time and tracking code, which will allow the User to constantly monitor the shipment ("Shipment Confirmation"). The date of shipment of the products coincides with the date on which the products are entrusted to the courier responsible for their delivery.

9.3.    Products can only be delivered to addresses in countries indicated in the table on the Website. The delivery times and costs of the products vary depending on the destination countries and the shipping methods chosen. In any case, delivery times are indicative and not strictly binding for the Company. 

9.4.    The Company may deliver the products ordered in the same order by partial deliveries, provided that the products can be used separately. In this case, the Company shall bear the additional shipping costs related to such deliveries. In any case, the partial delivery shall be deemed valid and shall not entitle the User to refuse the delivery or obtain compensation or indemnity.

9.5.    Upon delivery of the product, the User is required to check that (i) the number of packages corresponds to that resulting from the transport documents and (ii) the packaging is intact and without signs of damage, tampering or alteration. Should this check not have a positive outcome, the User must immediately make the appropriate complaints to the courier, rejecting the product or accepting it subject to written reservations on the transport document. In addition, the User must inform the Company, by contacting Customer Service, no later than 8 (eight) days from the date of delivery of the product.

9.6.  Prices on the website do not include import duties and charges.

 

10.    Late delivery

10.1.    If a Contract has been concluded and a supplier of the Company does not deliver the products ordered by the User to the Company within the agreed terms, the terms of delivery of the products to the User shall be extended by a maximum of 30 (thirty) days from the conclusion of the Contract.

10.2.    In accordance with Article 61 of the Consumer Code, if the Company does not deliver the products within the agreed deadline or within the deadline referred to in Article 10.1, the User may ask the Company to deliver the products within an additional period appropriate to the circumstances. If the additional period expires without the products having been delivered, the User is entitled to terminate the Contract, without prejudice to the right to compensation for damages.

 

11.    Withdrawal of products

11.1.    In the event of non-delivery of the products due to the absence of the User during the attempts foreseen by the procedure applied by the courier, the courier will keep the products at its warehouse until the User picks them up and in any case within the term indicated in the notice of attempted delivery left for the User. If the products are not collected within this period, the products will be returned to the Company. In such a case, the Contract shall be considered terminated by right in accordance with article 1456 of the Civil Code, by sending written notice to the User via email, and the relative purchase order shall be cancelled. Within the following 15 (fifteen) days, the Company will reimburse the price paid by the User for the products, minus the costs of unsuccessful shipment, the costs of returning the products to the Company and any other expenses incurred by the Company due to the non-delivery of the products due to the User's absence or inertia in fulfilling the obligation to receive delivery.

11.2.    After the communication referred to in Article 11.1, the User who intends to request delivery of products previously ordered must necessarily proceed with a new purchase order, without prejudice to the Company's right to refuse such an order.

 

12.    User representations and warranties

12.1.    The User represents and warrants:

12.1.1. to legitimately enter into these General Terms and Conditions;

12.1.2. to be of legal age;

12.1.3. that the personal data and other information communicated to the Company when registering on the Website or purchasing a product are true, correct and up to date. The Company reserves the right to verify at any time and by any means available to it the information provided, including by requesting appropriate supporting documentation from the User and, in the event of violation of this Article 12.1.3, to close or suspend the User's account;

12.1.4. that it will use the Web Site in compliance with any applicable provision of law or regulation, refraining from any form of direct and/or indirect use of the Web Site that is contrary to the law, these General Terms and Conditions or harmful to the rights of third parties. 

12.2.    The User agrees to indemnify and hold harmless the Company against any liability, action, costs, expenses and claims that may arise from a breach by the User of the representations and warranties referred to in Article 12.1, without prejudice in any case to the Company's right to terminate the Contract with immediate effect pursuant to Article 1456 of the Italian Civil Code.

 

13.    Legal warranty of conformity

13.1.    The products sold through the Website to the User are covered by the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code ("Legal Warranty"). 

13.2.    The Company is obliged to deliver to the User products that comply with the Contract. 

13.3.    The Company is liable to the User for any conformity defect existing at the time of delivery of the product, provided that the conformity defect has become apparent within the term of 2 (two) years from the delivery of the product. The User loses his rights under the Legal Warranty if he does not report the conformity defect to the Company within 2 (two) months from the date on which he discovered the defect, by contacting Customer Service in the manner indicated in Article 16; this report must contain an accurate and complete description of the defects or faults complained of. In this case, the Customer Service shall acknowledge the User's communication, giving him instructions for shipping the defective product, which will be at the Company's expense. The Company has the right to ask the User to attach the payment receipt or any other document to the product for which he intends to invoke the Legal Warranty.

13.4.    The User may ask the Company, at its discretion, to repair the product or to replace it, without charge to the User, unless the remedy chosen is objectively impossible or excessively onerous compared to the other. 

13.5.    The User may request, at his discretion, an appropriate reduction in price or termination of the Contract if one of the following situations occurs: (i) repair or replacement is impossible or excessively onerous; (ii) the Company has not repaired or replaced the product within a reasonable period of time; (iii) the replacement or repair previously carried out has caused significant inconvenience to the User. 

13.6. If the product necessarily needs to be repaired at the manufacturer's technical service center, the Company will send the product to that service center, it being understood that the Company will remain directly responsible to the User for the purposes of the Legal Warranty. 

Where, after collecting the product, the Company verifies that the reported lack of conformity actually exists, any transportation costs, repair or replacement of the product will be borne by the Company. Otherwise, or where the Company verifies that the lack of conformity reported does not exist or that there are no prerequisites for the applicability of the Legal Warranty, the Legal Warranty will not apply and all transportation costs and expenses related to the verification of the alleged lack of conformity will be borne by the User; in this case the Company will notify the User. 

13.8.    The User acknowledges and accepts that the Legal Warranty does not cover any defects or damages caused by accidental events or by the User's responsibility or by the use of the products not in compliance with their intended use or by normal wear and tear.

 

14.    Right of withdrawal

14.1. The User has the right to withdraw from the Contract, without giving any reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day of the conclusion of the Contract or the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the products. If the User has purchased more than one product in a single order, the withdrawal period shall expire after 14 (fourteen) days from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last product.

14.2.    In order to exercise his right of withdrawal, the User must clearly state his intention to withdraw from this Agreement by informing the Company at the following contacts (link). To this end, the User may use the withdrawal form available at the following link (link), it being understood that its use is not mandatory. 

14.3. In order to comply with the withdrawal period, it is sufficient for the User to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires. Upon receipt of the withdrawal request, the Company will promptly notify the User by email with a confirmation of receipt. 

Without prejudice to the provisions of Articles 14.6, 14.7. and 14.8. below, in the event of withdrawal, the User will be reimbursed for all payments made to the Company, including delivery costs, with the exception of any additional costs arising from the User's choice of a means of delivery other than the least expensive means of standard delivery offered by the Company, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Company was informed of the User's decision to withdraw from the Contract. Said refunds shall be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event, the User shall not incur any costs as a result of said refund. 

14.5.    Unless the Company has offered to collect the products subject to the exercise of the right of withdrawal by the User, the User is required to return or deliver the products to the Company or couriers without undue delay and in any case within 14 (fourteen) days from the day on which the User has communicated to the Company his withdrawal from the Contract. The deadline shall be deemed to have been met if the User returns the products before the expiry of the 14 (fourteen) day period.

The costs of returning the products shall be borne by the User, unless the Company has at its discretion agreed in writing to bear such costs. We may suspend the reimbursement of the price of the products until we receive them or until you demonstrate that you have returned the products, whichever is earlier. 

14.6.    The User must return the products in an integral state of preservation and with original labels not removed. The packaging of the products must be accurate, in order to safeguard the original wrappings from damage, affixing of writing or labels. 

14.7. All products will be delivered in their original packaging. We ask you not to damage the original packaging of the products purchased, of which they are an integral part.

14.8.    The Company, in case of exercise of the right of withdrawal of the User, has the right not to accept the return or not to refund the full amount paid for the purchase, in relation to those products that are devoid of its tag or have been altered in their essential characteristics and quality or have been damaged.

 

15.    Protection of Personal Data

15.1.    The Company processes the User's personal data for the purposes and in the manner specified in the Privacy Policy on the Website at (link).

 

16.    Customer Service

16.1. You can request assistance by contacting our customer service by writing to customercare@plumen.com.

 

17.    Online Dispute Resolution

17.1.    The User has the option of having recourse to the platform established by the European Commission for the resolution of disputes relating to online sales contracts ("ODR Platform"). Through the ODR Platform, the User and the Company can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform can be accessed at the following link

 

18.    Applicable law and jurisdiction

18.1.    These General Conditions are entirely governed by Italian law. 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 shall be the exclusive jurisdiction of the Court of the place of residence or domicile of the consumer, if located in the Italian territory. In the event that the User is not resident or does not have a domicile in Italy, for any dispute that may arise between the Company and the User regarding the interpretation of the General Conditions and the execution of the Contract, in the event of an action brought by the Company, the latter may choose between the Court of Turin and the Court of the place of residence or domicile of the User, alternatively between them; in the event of an action brought by the User, the Court of Turin shall have exclusive jurisdiction.