Date: July 2025
1. General Provisions
1.1 – These general terms and conditions of sale (“General Terms”) apply to your purchases of Passavinti branded products (“Products”) on the website www.passavinti.it (“Website”), owned by Passavinti 1970 Srl, an Italian company, tax code and VAT number 07473050487. In these General Terms (“Passavinti 1970 Srl”, “we”, “us”, “our”). In these General Terms, the words “you”, “your” refer to the consumer purchasing Products through the Website.
1.2 – The Products you purchase through the Website will be sold to you by Passavinti 1970 Srl, an Italian company registered under number 07473050487, . Your purchases of Products on the Website will be governed by these General Terms (“Contract”).
1.3 – The sale of Products under these General Terms is permitted exclusively to consumers, i.e., natural persons who purchase for personal consumption purposes (i.e., acting outside their commercial, entrepreneurial, artisanal or professional activity and not for profit), aged 18 or over and with the legal capacity to enter into a Contract in their country.
1.4 – Before submitting an order for Products, you will be asked to accept these General Terms and the Website’s Terms of Use (“ToU”). We therefore recommend that you read these documents carefully, especially these General Terms, before proceeding with purchases, and save or print them for future reference. Failure to accept these General Terms, the ToU and our Privacy Policy will result in the inability to order Products from the Website.
1.5 – We reserve the right to modify or update these General Terms, in whole or in part, without prior notice. We will publish the most up-to-date version of the General Terms on this Website and indicate the “Last updated” date to reflect the date of the modifications as the effective date of such changes. Any modification to these General Terms will apply only to orders submitted on or after the effective date.
1.6 – These General Terms must be read in conjunction with our Privacy Policy, which explains how we use your personal data, and our Cookie Policy.
2. Product Information and Availability
2.1 – Information about Products (including their product codes) and their prices is available on the Website.
2.2 – Products available on the Website are generally a selection of items normally available in stores. However, some Products may be exclusively available on the Website, while other Products may not be available for online sale. It may also happen that some Products cannot be shipped to your country. Passavinti 1970 Srl will make every reasonable effort to ensure the availability of each Product you order. If a Product you order is not available, the Contract between you and Passavinti 1970 Srl will not be concluded with respect to that Product and such Product will not be included in the Order Confirmation that will be sent to you.
2.3 – Images of Products published on the Website may differ from the actual products. In particular, the colors, shades, grain and texture of Products displayed on your screen may vary from the actual ones. Therefore, you must rely exclusively on the Product descriptions and their relevant characteristics as indicated on the Website.
2.4 – We reserve the right, at our sole discretion, to limit the quantity and/or types of Products available on the Website for each person, family unit or order. Such restrictions may include orders submitted by or through the same account, paid with the same credit/debit card and/or orders using the same billing and/or shipping address. It is not permitted to purchase more than two (2) identical Products in the same order. The maximum number of items per order is seven (7).
2.5 – We may change or discontinue the production of a Product or some of its characteristics as described on the Website at any time without prior notice (this does not prejudice orders already submitted at the time of modification). During the purchase process, Passavinti 1970 Srl will inform you if your order cannot be processed due to the unavailability of the ordered Products.
2.6 – If your connection to the Website is interrupted, your selection of Products may be lost. In such cases, you will be asked to re-enter the selected Products. Please note that Products in your cart are not reserved and may be purchased by other customers. Neither we nor Passavinti 1970 Srl shall be liable in any way for the unavailability of a Product due to a failure or interruption of your connection to the Website.
3. Prices
3.1 – Product prices are indicated on the Website in Euros and include VAT and all applicable sales taxes and duties. Prices do not include shipping costs, which, if applicable, will be added to the Product price and indicated to you during the purchase process before order confirmation.
3.2 – We strive to make every reasonable effort to ensure that all Product prices indicated on the Website are correct. However, errors may occur and the Product price may not be accurate (incorrect price or typographical error in the indicated price). In such cases, Passavinti 1970 Srl will decide, at its discretion, (i) not to accept the order or terminate the Contract (depending on when the error is detected), notifying you of such non-acceptance or termination, or (ii) contact you to ask if you wish to purchase the Product at the correct price anyway.
3.3 – We reserve the right to modify Product prices at any time without prior notice, however such modifications will not apply to Products for which you have already received the Order Confirmation.
4. Conclusion of the Contract – Order Submission
4.1 – The information about Products and their prices indicated on the Website constitutes an invitation to treat and does not represent an offer by us or by Passavinti 1970 Srl or a unilateral contract.
4.2 – To purchase Products on the Website, you must follow the instructions provided by the online purchase process: (i) add the selected Products (subject to the restrictions set out in Section 2.4) to the cart, (ii) complete the order with your personal information (name, address, email, telephone number, shipping/billing address), (iii) select the payment method, (iv) accept these General Terms, (v) accept the ToU and (vi) submit the order via the Website.
4.3 – If you create a personal profile on the Website, you are responsible for keeping your password confidential and restricting access to it, and you accept responsibility for all activities and any purchases made through your profile. If you become aware of the unauthorized use or misuse of your password, you must immediately inform Passavinti 1970 Srl so that it can take all appropriate measures.
4.4 – Before submitting the order, you will be given the opportunity to check the selected items, verify the total price and correct any errors.
4.5 – Your order constitutes a binding offer to purchase the selected Products under these General Terms, subject to the right of withdrawal as set out in Article 8 of this document. By submitting the order, you agree to pay the price of the ordered Products.
4.6 – All submitted orders are subject to acceptance by Passavinti 1970 Srl. Once the order is submitted, Passavinti 1970 Srl will send you a confirmation email (“Order Confirmation”). However, the Order Confirmation does not mean that your order has been accepted. Passavinti 1970 Srl may decide not to accept your order for any legitimate reason, in whole or in part, without any liability to you. Below are some examples of non-acceptance of your orders:
i. Products are not available; or
ii. You do not meet the eligibility conditions set out in Section 1.3; or
iii. You have ordered an excessive number of Products (see Section 2.4); or
iv. Passavinti 1970 Srl cannot obtain authorization for your payment; or
v. The indicated price is incorrect; or
vi. For fraudulent, illegal or unauthorized activities, reported or suspected, including suspicious purchases for commercial purposes; or
vii. The shipping address you provided is not a valid address; or
viii. You have not fulfilled your obligations under a previous contract concluded with Passavinti 1970 Srl.
4.7 – The Contract between Passavinti 1970 Srl and you will be deemed concluded only when you receive an email notification from Passavinti 1970 Srl confirming the shipment of your order (“Order Acceptance”). The Order Acceptance (or refusal) will be sent to the email address you provided in the order. Details of your accepted orders are available in the “My Account – My Orders” section of the Website.
4.8 – If one or more Products are not available, Passavinti 1970 Srl will contact you to inform you of the unavailability of the Products. You will only be charged for the price of the available Product(s).
4.9 – The Order Confirmation/Acceptance includes the order number, basic information about the purchased Products, indication of the price and shipping address. Passavinti 1970 Srl will not store an accessible copy of each version of these General Terms, but will send you an email containing the General Terms applicable to each purchase together with the Order Acceptance for your retention.
4.10 – Once the Order Acceptance is received, it will no longer be possible to cancel or modify the order, unless otherwise indicated in these General Terms. However, shipped Products may be returned as set out in the subsequent Article 8.
4.11 – From time to time, we may invite you to pre-order selected Products on the Website before they are available for sale in stores or on the Website (“Pre-order Products”). The thirty (30) day delivery period set out in Section 6.4 does not apply to Pre-order Products. At the time of order confirmation, Passavinti 1970 Srl will communicate to you the estimated delivery date of the Pre-order Products.
5. Payment
5.1 – You will pay the price of the Products (including VAT, sales taxes or other applicable duties), the cost of any additional services you order (e.g., additional cost for personalized Products), if applicable, and the relevant shipping costs, if provided.
5.2 – Passavinti 1970 Srl accepts payments in the currency specified for the shipping destination country, made using the payment methods offered to you on the Website before you confirm the order.
5.3 – Passavinti 1970 Srl will not charge the amount due from you until:
i. Passavinti 1970 Srl has confirmed the availability of the Products;
ii. Passavinti 1970 Srl has sent you the Order Acceptance;
iii. Passavinti 1970 Srl has received authorization to debit from your card from the issuing company; and
iv. Your credit/debit card has been verified.
5.4 – If for any reason your payment cannot be processed, your order will be canceled by Passavinti 1970 Srl and the Contract will terminate immediately, without any liability to you. In such cases, you will receive a written communication from Passavinti 1970 Srl.
5.5 – You are responsible for any fees or charges applied by the card issuing company, bank or other payment institution as a result of Passavinti 1970 Srl processing the payment with your credit/debit card.
5.6 – For each order, Passavinti 1970 Srl will issue an electronic invoice for the purchased Products, and you agree to this form of invoicing. The electronic invoice is based on the information you provided at the time of ordering. Once the electronic invoice is issued, it cannot be modified in any way.
5.7 – As a purchaser, you represent and warrant that you have legally obtained the funds used to make your purchase and that you are not involved in any transaction intended to conceal the identification, origin or destination of the funds used to make your purchase. The sale of Products is permitted exclusively to end consumers for personal consumption purposes. Therefore, you represent and warrant that you will not make your purchase in connection with any operation or transaction with legal or natural persons directly or indirectly subject to sanctions by the UN, the United States of America, the United Kingdom, Switzerland or the European Union, for the purpose of transferring the Products to Russia, Belarus, North Korea or Syria, or in violation of the sanctions of the UN, the United States of America, the United Kingdom, Switzerland or the European Union.
6. Shipping, Delivery and Collection
6.1 – Purchased Products may be shipped exclusively to Italy.
6.2 – Purchased Products are shipped via a carrier selected by Passavinti 1970 Srl (“Carrier”). The Products will be shipped to the address you indicated in the order form. Passavinti 1970 Srl is not responsible for shipping problems that may arise due to an incomplete or incorrect address provided by you. Please note that Passavinti 1970 Srl does not ship to PO boxes, courier addresses or hotels.
6.3 – Purchased Products will be shipped only after Passavinti 1970 Srl has received the full payment amount. If Passavinti 1970 Srl does not receive the full payment for any reason, Passavinti 1970 Srl may delay or refuse the shipment of the Products, without any liability to you.
6.4 – Passavinti 1970 Srl will take all reasonable measures to deliver the purchased Products within the estimated shipping times that will be communicated to you during the purchase process before your order confirmation, unless a force majeure event, an event beyond Passavinti 1970 Srl’s reasonable control or unforeseen circumstances occur. If delivery does not take place within thirty (30) days from the Order Acceptance, you are entitled to terminate the Contract and Passavinti 1970 Srl will be obligated to refund you, without undue delay, the amounts paid under the Contract.
6.5 – At the time of delivery of the Products by the Carrier, you (or your designated representative) must:
i. verify that the number of delivered packages matches that indicated on the delivery note;
ii. verify that the packages and seals are intact, that they are not damaged, wet or otherwise altered;
iii. verify that the shipped Products correspond to the style, model, color, size, etc. characteristics of the Products as described in the Order Confirmation/Acceptance, that they do not have obvious defects (including, by way of example, tears, scratches, etc.) and that they are not incomplete; and
iv. sign the delivery note.
Any damage to the packaging and/or Products, discrepancies in the number of packages or documentation, lack of conformity or obvious defects of the Products must be immediately communicated in writing on the Carrier’s delivery note. To the maximum extent permitted by applicable law, once the Carrier’s delivery note is signed, it will no longer be possible to submit a claim regarding the delivered packaging, provided that you are entitled to submit a claim regarding Product manufacturing defects as set out in the following Article 9.
6.6 – You can track the shipping status by clicking on the link included in the Order Acceptance.
7. Risk and Ownership
7.1 – The risk of loss, damage and destruction of the Products passes to you when you (or the person indicated by you, who is not the carrier) take possession of the Products at the shipping address you provided.
7.2 – Ownership of the Products passes to you on the date the Products are delivered to your shipping address.
8. Right of Withdrawal / Returns
8.1 – You have the right to terminate the Contract if you change your mind or for any other reason, within fourteen (14) days from the date you (or the person indicated by you) take possession of the Products or, in the case of multiple deliveries for the same order, from the date of the last delivery.
8.2 – The right of withdrawal does not apply to orders for (i) Products personalized with monograms or engravings, or (ii) other Products for which you were informed at the time of order submission that they are non-returnable (“Non-returnable Products”).
8.3 – To exercise the right of withdrawal, we invite you to follow the procedure described in the Return Policy. Alternatively, you may exercise the right to terminate the Contract by sending to Passavinti 1970 Srl, within the period indicated in the previous Section 8.1:
the Withdrawal Form set out at the end of these General Terms, correctly completed and signed,
or
a letter including the following information: (i) indication of the Products for which you wish to exercise the right of withdrawal; and (ii) the order number,
to the following email address: info@pomellato.com or through the Contact Form available in the Contacts section of the Website.
8.4 – You must send the purchased Products within fourteen (14) days from the date you communicated to Passavinti 1970 Srl your decision to exercise the right of withdrawal, in accordance with the previous Section 8.3 and based on the instructions defined in the Return Policy.
8.5 – Products must be returned in their original condition, unaltered, unused, undamaged, in the original packaging, with original labels attached and with their relevant accessories, gifts (if any) and documents (e.g., instruction manual, Product certificates, etc.), if any, and in an undamaged box.
8.6 – If a returned Product does not meet the return conditions as defined in the previous Section 8.5, Passavinti 1970 Srl will send such Product back to you at the address you indicated in the return form, or, if this address is not valid, to the address you provided when submitting the order. The return will be made within thirty (30) days from the date Passavinti 1970 Srl communicated to you the refusal of the returned Products, unless a force majeure event, an event beyond Passavinti 1970 Srl’s reasonable control or unforeseen circumstances occur.
8.7 – Passavinti 1970 Srl will refund you the amounts you paid, including shipping costs, if applicable, (provided that, with respect to shipping costs, the maximum refund amount will be equal to the cost of shipping via the most economical method offered by Passavinti 1970 Srl) within fourteen (14) days from the date Passavinti 1970 Srl receives the Products or from the date you prove that you have returned them, whichever comes first. Passavinti 1970 Srl will process the refund using the same payment method you used when submitting the initial order. If you paid for the ordered Products by cash on delivery, if available, we inform you that a cash refund cannot be made, therefore the refund will be made exclusively by bank transfer. We also inform you that Passavinti 1970 Srl may reduce the refund based on any depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products.
8.8 – Subject to your rights under Article 9, Passavinti 1970 Srl does not offer the possibility to exchange Products purchased online. If you wish to exchange a Product, you must return it and then place a new order.
8.9 – The provisions of Sections 8.1 to 8.8 apply, unless otherwise stated in the Return Policy.
9. Lack of Conformity – Manufacturing Defects
9.1 – If you discover that a Product sold through the Website has manufacturing defects or does not correspond to the description (excluding non-conformity with the Order Confirmation/Acceptance or obvious defects that should have been identified at the time of delivery, in accordance with Section 6.5), you must immediately contact our Customer Service through the Contact Form available in the Contacts section of the Website to agree on the repair or replacement of the Product.
9.2 – Passavinti 1970 Srl is legally obligated to honor the warranty for defects in conformity of the Products sold to you by Passavinti 1970 Srl through the Website as provided for by the provisions of Article 129 et seq. of the Italian Consumer Code, in addition to the warranty for hidden defects contained in Article 1490 et seq. of the Italian Civil Code.
In case of non-conformity, you have two (2) years from the date of delivery of the Products to take action. You may request the repair or replacement of the Product in accordance with the conditions provided for by Article 130 of the Italian Consumer Code. You are not required to prove the existence of a conformity defect within twenty-four months following the delivery of the Products. Passavinti 1970 Srl offers this warranty in addition to the commercial warranty, if applicable, and the warranty for hidden defects referred to in Article 1490 et seq. of the Italian Civil Code. You may activate the warranty for hidden defects within two (2) years from the discovery of such hidden defect.
9.3 – Damage, alterations or modifications to the Product caused by you are not considered manufacturing defects or lack of conformity. By way of example, without limitation: damage caused by prolonged use or wear and tear; improper use (such as contact with direct heat, contact with harmful external agents); normal wear and tear and failure to follow Product care instructions are not considered manufacturing defects or lack of conformity. Similarly, variations in the color of gemstones, the presence of inclusions or variations in the final appearance are inherent to the Product and do not constitute manufacturing defects.
9.4 – If you request the repair, replacement or return of a Product due to manufacturing defects in accordance with Article 9, Passavinti 1970 Srl will bear the shipping costs for returning the Products to be repaired, replaced or returned, as well as the costs for sending you the repaired or replaced Products again.
10. Liability
10.1 – These General Terms define the entire extent of our obligations and liability as well as those of Passavinti 1970 Srl in relation to the sale of Products. No provision of these General Terms is intended to exclude or limit our liability or that of Passavinti 1970 Srl for:
personal injury or death resulting from our negligence or Passavinti 1970 Srl’s negligence;
fraud or fraudulent misrepresentation;
violation of obligations under applicable consumer protection laws; or
other legal actions that cannot be limited or excluded under applicable law.
10.2 – In accordance with the above, our total liability and that of Passavinti 1970 Srl, which will be limited exclusively to direct damages caused by a breach that you may suffer in relation to any claim or other legal action arising from or connected to these General Terms and each Contract, shall in no event exceed the price of the Product or Products you purchased on the Website under the Contract. Neither we nor Passavinti 1970 Srl shall be liable for damages or losses reasonably foreseeable at the time you accepted these General Terms. Neither we nor Passavinti 1970 Srl shall have any liability to you for indirect damages.
10.3 – Neither we nor Passavinti 1970 Srl shall be liable for any delays or failure to perform obligations under these General Terms if the delay or failure is caused by a force majeure event or by a circumstance beyond our or Passavinti 1970 Srl’s reasonable control, including, by way of example, the following: government action, war, civil war, fire, flood, earthquake, hurricane and other natural disasters, epidemic, revolution, insurrection, invasion, military acts or usurpation of power, confiscations, terrorist activities, national strikes, blockades, embargoes, interruption or breakdown of computer, technological, electrical or telecommunications services and failure to perform obligations to us or to Passavinti 1970 Srl by third parties (such as our or Passavinti 1970 Srl’s suppliers and subcontractors).
10.4 – If you do not meet the eligibility conditions set out in Article 1, neither we nor Passavinti 1970 Srl shall be liable to you for any damage or loss you may suffer.
11. Authenticity Warranty and Intellectual Property Rights
11.1 – We warrant the authenticity of all Products purchased on our Website.
11.2 – Pomellato’s trademarks, figurative or otherwise, service marks, other marks, brand names, logos used on the Products, their relevant accessories and/or packaging, whether registered or not, together with photographs, illustrations, Product images, trade names or business denominations, domain names and URLs are and remain our exclusive property or that of our licensees and are protected by copyright, trademark and intellectual property laws in force worldwide. We reserve such rights.
12. Entire Agreement
12.1 – These General Terms and the relevant documents expressly referred to herein constitute the entire agreement between us in relation to the sale of Products and supersede any prior agreement, understanding or provision, whether written or oral.
13. Applicable Law and Jurisdiction
13.1 – These General Terms and, consequently, the contracts concluded with Customers, are governed by and interpreted in accordance with Italian law (without reference to conflict of laws provisions).
13.2 – Any disputes that may arise from or be connected to these General Terms and the Contracts shall be submitted to the exclusive jurisdiction of the competent courts of your place of residence.
14. Contacts
For further information and assistance with the Website, you can contact us in one of the following ways:
By sending a communication to Passavinti 1970 Srl, Via belfiore 10, florence , Italy,
By sending an email to passavinti1970@gmail.com,
or through the Contact Form in the Contacts section of the Website.
15. Communications
Communications to be sent under these General Terms or the Contracts must be in writing. We will contact you by email or provide information by publishing communications on the Website.
Withdrawal Form
(to be completed and returned only if you wish to terminate the Contract)
To the attention of [BRAND] [address] [Returns email]
I/We (1) hereby notify my/our (1) intention (1) to terminate the Contract of sale (1) of the following goods (1)/supply of the following services (1),
Ordered on (1)/ received on (1),
Consumer’s name(s)
Consumer’s address(es)
Consumer’s signature(s) (only if this form is notified on paper),
Date