Terms and Conditions of Service

General informations
The website www.poolito.com (hereinafter, the "Site") and the "POOLITO" brand are the property of POOLITO SRL SB, with registered administrative office in Milan, via Pietro Marussig 8, registered in the Chamber of Commerce Register of Commerce of Milan, 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 promotion and online sale of the products described in article 3 ("Products") and its use, as well as 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 Products, you engage in our “Service” and agree to be bound by these Terms and Conditions, including those additional terms and conditions referenced herein by hyperlink. These Terms and Conditions apply to all users of the Site, without limitation.

Any request for information, support or complaint can be forwarded to the Customer Service of POOLITO SRL SB by email to info@poolito.com, by calling the telephone number 02 80889235 or by certified email to poolito@legalmail.it.

1) Scope of application
1.1 These General Conditions of Sale are drawn up in Italian and are applicable only to Sales Contracts concluded by natural persons acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out and which indicate a delivery address at a domicile located in Italian territory; for the purposes of identifying the delivery address at a domicile in Italian territory, the Republic of San Marino, the Vatican City and the Swiss Confederation are considered excluded from Italian territory.

1.2 The Customer is required to read these General Conditions of Sale that POOLITO SRL SB makes available to him in this section of the Site; the Customer is permitted to memorize and reproduce these General Conditions of Sale as well as all other information POOLITO SRL SB provides on the Site, both before and during the purchase procedure.

1.3 The General Conditions of Sale applicable to the Sales Contract 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 govern contracts having as their object the sale of products and/or the provision of services by parties other than POOLITO SRL SB who are present on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these subjects, the Customer is advised to check the conditions of sale applied by the aforementioned third parties; POOLITO SRL SB cannot under any circumstances be held responsible for the supply and execution of services which are the subject of 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, which can be consulted via links contained within this Site. POOLITO SRL SB cannot, therefore, be held responsible for what is contained in third-party websites, as well as of any errors, omissions and violations of the law contained therein.

1.6 The Site allows each Customer to browse and make purchases. Registration on the Site is free and takes place by completing the appropriate form contained in the "Log in or Register" section by the Customer; Once registered, the Customer will be able to access their reserved area by entering their e-mail address and password. The management of the information collected can be consulted by the Customer at any time in the Privacy Policy available on the Site.

Registration on the Site allows the Customer to carry out the following activities:

placing orders;
consultation of the history of orders placed;
speeding up the insertion of new orders by storing the identification data as well as the delivery address indicated by the Customer at the time of registration;
modification of the data provided and the delivery address indicated by the Customer at the time of registration, by accessing their reserved area;
receipt of offers relating to the Products, management of privacy consents and updating of the data entered when registering for the loyalty program.
2) Product Information
2.1 With the Sales Contract, respectively, POOLITO SRL SB sells and the Customer purchases remotely, via telematic tools, the Products indicated and offered for sale on the Site. The offer and remote sale of the Products on the Site are governed by these Terms of Service and General Conditions of Sale in accordance with the provisions of current legislation and, in particular, Legislative Decree 9 April 2003, n. 70 containing the regulation of electronic commerce (e-commerce) and articles. 45 et seq. of 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 relevant information sheets; the image accompanying a Product may not be perfectly representative of its characteristics, but may differ in colour, size and accessory elements.

3) Information aimed at the conclusion of the Contract
The Customer is responsible for the correctness and truthfulness of the personal information provided during the registration procedure on the Site or purchase and undertakes to keep POOLITO SRL SB harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in in any way connected to the violation by the Customer of the obligation of truthfulness and completeness of the information provided.

In the event of violation of the provisions indicated in the previous points of this article, POOLITO SRL SB reserves the right to undertake all necessary actions in order to put an end to the irregularities; in such cases POOLITO SRL SB will have the right to suspend access to the Site, to cancel the registration made on the Site or not to accept or cancel orders.

POOLITO SRL SB reserves the right to refuse orders that come from:

a) by a Customer who has previously violated the conditions and/or terms of the Sales Contract;

b) by a Customer with whom it has an ongoing legal dispute;

c) by a Customer who has been involved in fraudulent conduct of any kind and, in particular, in fraud relating to credit card payments;

d) from a Customer who has provided false, incomplete or inaccurate identification data, including the incorrect indication of the data required for electronic invoicing purposes;

e) by a Customer who has indicated an address located outside of Italian territory for the delivery of the Products as specified in the art. 2.1.

4) Purchase procedure
4.1 The Customer must observe the following procedure for the conclusion of the Sales Contract:

access the website www.poolito.com;
select the Products you intend to purchase, adding them to the "Cart", and complete all subsequent pages according to the instructions specifically provided;
transmit, through the order confirmation, the order page, which contains a summary of information on the main characteristics of each Product ordered and the related price (including VAT), the type of payment chosen by the Customer for the purchase , the conditions and times for delivery of the Products (better specified in the next point of these General Conditions) as well as the contributions required for delivery and transport, the reference to the general terms and conditions for the return of the purchased Products;
before proceeding with sending the order, the Customer will be able to check the data entered and correct any errors that may have occurred when completing 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, using the aforementioned procedure;
the order sent by the Customer will be binding for POOLITO SRL SB only after POOLITO SRL SB has sent an order confirmation email to the Customer, containing the details of the Customer and the order, the price of the Product(s) object of the order (including VAT), the chosen means of payment, transport costs, delivery times of the goods, applicable taxes and duties, indication of the right of withdrawal and the address shipping address to which the goods will be sent;
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 during the purchase procedure and to fully accept these General Conditions of Sale, committing himself to pay the price and other amounts indicated . The Sales Contract is not considered concluded and, therefore, will not be binding on the parties, in the absence of what is indicated in the previous point.

4.3 POOLITO SRL SB may refuse to accept the order if there are no sufficient guarantees of payment solvency, the orders are incomplete or incorrect, the Products are no longer available.

If the Customer requests an invoice, in the event that the tax code indicated by the Customer is not correct based on the date and municipality of birth communicated by the Customer, the order will be rejected. In this case the Customer may contact Customer Service at the addresses indicated at the beginning of these General Conditions of Sale to correct the information.

4.4 The Sales Contract stipulated between POOLITO SRL SB and the Customer must be considered concluded 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 each order sent is stored in digital or paper form at its headquarters, according to confidentiality and security criteria. The Customer may request a copy from POOLITO SRL SB at any time.

5) Product Availability
5.1 The availability of the Products refers to the moment in which the Customer consults the Product data sheets and must be considered purely indicative since, due to simultaneous purchases by other Customers, the Products may be unavailable after the order has been sent.

5.2 POOLITO SRL SB cannot be held responsible for the temporary or definitive unavailability of one or more Products, it being understood that POOLITO SRL SB will only charge the Customer the price of the Products actually delivered.

6) Prices
6.1 All prices published on the Site are expressed in Euros and include VAT.

6.2 POOLITO SRL SB reserves the right to change the price of the Products, at any time and even, possibly, several times during the same day, also as a result of promotions or discounts with limited validity in time, it being understood that the price charged to the Customer will be the one indicated on the Site at the time of placing the order and indicated in the order confirmation email and that any variations (increase or decrease) subsequent to the transmission of the same will not be taken into account, even for promotions possibly occurred subsequently.

6.3 Upon request of the Customer, POOLITO SRL SB issues the electronic invoice to the Customer via the Exchange System made available by the Revenue Agency. To this end, when executing the purchase order, the Customer is required to communicate the requested data indicated.
Pursuant to art. 1 c. 3rd of Legislative Decree 5.8.2015, n. 127, the Customer acting as a consumer, without a VAT number, has the right to renounce the electronic copy of the invoice.
After issuing the invoice it will not be possible to make any changes to the data indicated in the invoice.

7) Payment methods
7.1 Payment for the Products can be made on the Site 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. To manage payment methods (i-iii), POOLITO SRL SB relies on the Stripe platform. For the services provided by Stripe and PayPal, please refer to the information pages of the respective managers.

7.2 All orders, before being processed, are subjected to authenticity checks directly by the relevant credit card issuing institutions, to protect the Customer. If, for any reason, it is not possible to charge the amount due, the sales process will be automatically canceled and the sale will be resolved pursuant to art. 1456 cc The Customer will be informed via email communication.

7.3 Communications relating to payment and the data communicated by the Customer when this is made 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 carried out from Monday to Saturday via a carrier chosen by POOLITO SRL SB, within 5-7 working days of receiving the order confirmation. Since the goods are prepared and entrusted to the courier within 2 working days of order confirmation, after this period of time it will no longer be possible to make changes to the order.

8.2 The delivery obligation is considered fulfilled when the Product is transferred to the Customer who acquires full material availability of it. The risk of loss or damage to the Products, for reasons not attributable to POOLITO SRL SB, will be borne by the Customer when the Customer or a third party designated by him physically comes into possession of the Products.

8.3 In the event of non-delivery due to the absence of the recipient at the address specified at the time of the order or in the event that the Customer expressly refuses to take delivery of the ordered Products, the sales contract will be considered terminated pursuant to art. 1456 cc: the cost of the entire expense will be charged and the Customer will have to place a new order. Any 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 redelivery and storage costs.

8.4. The Customer must verify that there are no obstacles to accessing the indicated delivery address or impediments that make it difficult to carry out. In any case the Customer must inform POOLITO SRL SB. In pedestrian areas, delivery can only reach the point where access is permitted to the vehicle transporting the Products to be delivered. The delivery personnel cannot be asked to bring the Products into the Customer's home.

8.5 The Customer acknowledges that the collection of the Product is his precise obligation deriving from the Sales Contract.

8.6 In case of failure or delay in 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, invites POOLITO SRL SB to make the delivery within an additional period appropriate to the circumstances. If this additional period expires without the Products having been delivered, the Customer is entitled to terminate the Sales Contract, without prejudice to the right to compensation for damages.

8.7 In the event of termination of the Sales Contract provided for in this paragraph, the Customer will have the right to obtain without undue delay a refund equal to the purchase price of the Product(s), in addition to shipping costs. The refund will take place no later than 14 working days from the date on which POOLITO SRL SB received the communication of termination of the Sales Contract from the Customer, via the same payment method on which the order was placed.

9) Responsibility
9.1 POOLITO SRL SB cannot be held responsible for failure to execute the order within the expected timescales, where this is due to force majeure or unforeseeable circumstances, or due to disruptions to the Internet network.

9.2 POOLITO SRL SB will also not be responsible for damages resulting from losses and costs suffered by the Customer due to failure to execute the Sales Contract due to causes not attributable to POOLITO SRL SB.

9.3 POOLITO SRL SB cannot be held responsible for the information, data and any technical or other inaccuracies that may be contained in the Site, which are not attributable to it.

9.4 POOLITO SRL SB does not assume any responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased Products, if it demonstrates that it has adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

10) Right of withdrawal
10.1 Pursuant to articles. 52 et seq. of the Consumer Code, the Customer has the right to withdraw from the Product Sales Contract without having to incur costs other than the direct costs of returning the goods and without having to provide any reason, as long as this occurs within the limits of the Withdrawal Period. The Withdrawal Period expires 14 calendar days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Products.
The Consumer Code excludes the right of withdrawal in favor of the Customer with reference to the supply of goods that risk deteriorating or expiring rapidly and to the supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and are opened after delivery. Since the Products sold by POOLITO SRL SB may fall into the categories indicated above, POOLITO SRL SB will be able to evaluate from time to time the legitimacy of the exercise of the right of withdrawal by the Customer.
In such cases and, in any case, whenever the right of withdrawal has not been exercised in accordance with the applicable regulations, POOLITO SRL SB will notify the Customer within 7 working days of receipt of the Product, rejecting the withdrawal request. The Customer will therefore not be entitled to refunds and the Product will remain at his disposal for collection, which must take place at his care and expense.

10.2 To exercise the right of withdrawal, the Customer must inform POOLITO SRL SB of his decision to withdraw by sending an email to info@poolito.com before the expiry of the Withdrawal Period. In this communication the Customer must indicate the order number, the Product(s) for which he/she intends to exercise the right of withdrawal 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 date on which the Customer communicated to POOLITO SRL SB his decision to withdraw. In this sense, the shipping date will prevail.
The Customer must return the Product to POOLITO SRL SB using a carrier of their choice. Shipping costs for returning the Products will be borne by the Customer.

10.4 The refund recognized by POOLITO SRL SB in favor of the Customer in the event of legitimate exercise of the right of withdrawal will be equal to the purchase price of the Product/s in addition to the delivery costs and will take place without undue delay and, in any case, within 14 days from the date on which it is informed of the Customer's decision to withdraw from the contract. The refund will take place with the same payment methods chosen by the Customer at the time of the order.

10.5 The Customer is solely responsible for the decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. In case of withdrawal, therefore, the refund amount will be reduced by an amount equal to this decrease in value of the Product. Of the circumstance and the consequent decreased refund amount, POOLITO SRL SB will communicate to the Customer by e-mail, within 7 working days of receipt of the Product, indicating the methods for payment of the amount due due to the decrease in value of the product.

11) Legal guarantee of conformity
11.1 All Products ordered on the Site are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code ("Legal Guarantee"). In case of receipt of Products that do not comply with the Sales Contract, pursuant to the articles. 129 et seq. of the Consumer Code, the Customer loses all rights if he does not report the lack of conformity 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 recognized the existence of the defect or has hidden it.

11.2 In any case, unless proven otherwise, it is presumed that the defects of conformity which appear within 6 months of delivery of the Product(s) already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity.

11.3 In the event of a lack of conformity, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the Product, or a price reduction or termination of the Sales Contract, unless the request is not 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 written form, by registered mail or to the pec address poolito@legalmail.it, to POOLITO SRL SB, which will indicate its willingness to process the request, or the reasons that prevent it from do so, within 7 working days of receipt. In the same communication, where the Customer's request has been accepted, POOLITO SRL SB must indicate the methods of shipping or returning the Product(s) as well as the deadline expected for the return or replacement of the defective goods.

11.5 If repair and replacement are impossible or excessively burdensome, or POOLITO SRL SB has not repaired or replaced the Product(s) within the deadline referred to in the previous point or, finally, the replacement or repair previously carried out have caused significant inconvenience to the Customer, the latter may request, at his/her choice, an appropriate price reduction or termination of the Sales Contract. In this case, the Customer must send their request to POOLITO SRL SB, which will indicate its willingness to process the same, or the reasons that prevent it from doing so, within 7 working days of receipt.

11.6 In the same communication, where the Customer's request has been accepted, POOLITO SRL SB must indicate the proposed price reduction or the methods for returning the defective Product(s). The re-crediting of the sums previously paid will take place with the same payment methods chosen by the Customer at the time of the order, without prejudice to the possibility for the Customer to agree on a different means of payment.

12) Privacy
12.1 POOLITO SRL SB will process the Customer's personal data in compliance with privacy legislation as specified in detail in the Privacy Policy on the Site.

13) Applicable law and competent court
13.1 The Sales Contract concluded on the Site is governed by Italian law.

13.2 For any dispute that may arise in relation to the application, interpretation and execution of these General Conditions of Sale, the judge of the place of residence or elective domicile of the Customer will be competent.

(revised 09/29/2021)