WHO WE ARE

PENNYBLACK is designed, created, produced and distributed by Manifatture del Nord, part of Max Mara Fashion Group.

Founded in 1978 PENNYBLACK is one of today's most popular women fashion brands in Italy and is constantly growing and widely spreading in Europe, Central Asia, Far East, South America and Australia.
PENNYBLACK's distinguishing traits are good value for money and totally satisfies the needs of today's outgoing and self confident woman, who is seeking a sophisticated but easy-to-wear style, and is looking for high quality fabrics and accurate finishing.
The Collections are designed by a group of innovative young designers from all around the world, confirming that the company pays attention to the new and most interesting emerging fashion scene.

THE LABELS

PENNYBLACK offers a style that is constantly keeping up with the times, highly aware of trends without exasperating tones.
Three-labels highlight the brand and dress a woman in every hour of her day.

- PENNYBLACK BLACK LABEL: an elegant and sophisticated look for everyday, from workwear to the important meetings.

- PENNYBLACK GREY LABEL: A casual and informal style, easy-to-wear, from weekends to leisure time.

- PENNYBLACK PINK LABEL: ironic and romantic for the special moments, as well as glam parties and ceremonies.

The accessories are part of the must-haves of the season and are always updated with new details, materials and volumes.

PENNYBLACK is a perfect combination of authenticity and quality, expressed through research and selection of fabrics, colors, shapes and patterns.

MANIFATTURE DEL NORD S.R.L. UNIPERSONALE WELCOMES YOU TO ITS WEBSITE.

Please read the following notice carefully before surfing our website. This website is governed by the terms and conditions described in this notice, and may be changed at any time at our unquestionable judgement. Use of this site constitutes your agreement to be bound by and to act in accordance with these terms and conditions even if they are changed. The material contained in the site is used only for information or promotional purposes: Manifatture del Nord S.R.L. Unipersonale is and shall be the exclusive owner of information, photographs, trademarks and any other material contained in this site. The reproduction, partial and/or total, distribution, publication, transmission, any modification or the sale of everything contained in this site is strictly forbidden. The material contained in the site can only be used for personal use and not for commercial use: this use does not in any way grant any title, right or interest on the material contained here. Any use other than the authorised use described above is forbidden and is a violation to the rights of Manifatture del Nord S.R.L.

DISCLAIME

The information provided on this website may contain errors or inaccuracies and may not be up to date. Manifatture del Nord S.R.L. is not liable for the contents of the website. It is your responsibility to consider and verify the website’s contents and information, which may have been acquired from third parties, and its quality. Manifatture del Nord S.R.L. made a subjective assessment at the time of its publication when it indexed and selected said content and information but is under no obligation with regard to the results obtained and/or the satisfaction of the end user.

DISCLAIMER OF LIABILITY

Manifatture del Nord S.R.L. Unipersonale and its employees shall not be held liable for any damage caused in relation to the use of this site and the information it contains and to the functionality of the site. Whoever uses the information and/or materials contained here shall be fully responsible for any loss, damage and cost, whether direct or indirect, of whatever nature or amount, deriving from the use of the site.

REGISTRATION AND PERSONAL DATA

Manifatture del Nord S.R.L. Unipersonale collects and uses users' personal data as provided for by Legislative Decree no. 196 dated 30/6/2003 guaranteeing that data is processed in full respect of individual rights, fundamental freedoms and dignity. Pursuant to and in accordance with art. 13 of the above mentioned decree, the data you supply through the use of the site shall be processed in accordance with the principles of privacy, lawfulness and transparency to protect your rights. This information notice provides users with information on how, even if you do not register, Manifatture del Nord S.R.L. Unipersonale fulfils the information obligations provided for by law in order to protect its users. Please note: data is processed electronically by Manifatture del Nord S.R.L. Unipersonale (Privacy policy owner) - with registered office in Via Mazzacurati, 6 - C.P. n° 20 San Maurizio, Reggio Emilia - Italy. Data shall not be disclosed and may only be communicated, for the purposes mentioned above, only to other companies part of the Max Mara Group. Data processing may require the use of electronic means suitable to process data as provided for by the above mentioned decree, and in any case it shall be used respecting privacy and confidentiality principles. According to art. 7 Legislative Decree no. 196 dated 30/6/2003 you have the right, at any time and free of charge, to ask for information on the data we hold about you and on the processing methods and purposes. You may request to change, delete or object to the further use of the information; in addition you can obtain information on the initiatives in which you have taken part. To do this or to receive further information on the data collection method and use of your personal data please write to us at: info@pennyblack.com.

MATERIALS SENT

All information, ideas, images, photographs and materials in general, of any type, that you may send to this Site or to Manifatture del Nord S.R.L. Unipersonale in relation to this Site, with exception of personal data supplied by you, shall not be considered as confidential and through the act of sending them you irrevocably and freely transfer them to Manifatture del Nord S.R.L. Unipersonale which shall have the unconditioned and unlimited right to reproduce, transmit, distribute, change and, in general, use and sell the above mentioned information, ideas and material; the act of sending said information, ideas and materials is considered a consent to their free use by Manifatture del Nord S.R.L. Unipersonale without any obligation for Manifatture del Nord S.R.L. Unipersonale to refer to or to advertise, in any way or form, the fact it was sent unless expressly required by law. You shall be the sole responsible for the contents of the information, ideas, images, photographs and in general of all the information you send to this site; consequently you undertake to indemnify Manifatture del Nord S.R.L. Unipersonale and its employees, managers, directors against any damage, cost or loss suffered by Manifatture del Nord S.R.L. Unipersonale and against any compensation request by third parties to Manifatture del Nord S.R.L. Unipersonale for whatever reason or cause in relation to the information, ideas, images, photographs and materials you send to this site.

COLLECTION AND USE OF PERSONAL INFORMATION

The site may use cookies. "Cookies" are a technology used exclusively to obtain information for statistical purposes on the use of the site and to provide certain services that require the identification of the user path through the navigation pages. The cookies used are anonymous and cannot be used to identify you. Identified cookies to identify a person by cross checking with databases are only used to speed up the identification process to access restricted areas of the site and personalised services and are only used for users who give their authorisation during registration. Most browsers accept cookies automatically but you can modify the settings to turn off this feature. However in this case you may not be able to browse certain areas of the site.

PRIVACY POLICY STATEMENT (art. 13 Leg. Dec. 30-06-2003 no. 196)

The company Manifatture del Nord S.r.l Unipersonale, part of the Max Mara Group, with registered office in Reggio Emilia, Via Mazzacurati, 6, Tel +39 0522 3581, Fax +39 0522 550018, herewith informs you as the data controller of the data (however obtained, whether at the point of sale or through an online subscription /registration form, etc.) of the consumer who reads this Private Policy Statement, that such data shall only be processed in compliance with the legal provisions of the Personal Data Protection Code (Leg. Dec. 30-06-2003 no. 196) for the following purposes: 1 – invitations to events, newsletters, communications of commercial and promotional initiatives, the forwarding of advertising material and any other promotional or commercial activities; 2 - competitions and/or prize-based events; 3 – market research and any other marketing studies (carried out directly or through specialised companies).

Such data will be stored and processed in compliance with the procedures provided for by Leg. Dec. 30-06-2003 no. 196 through the adoption of the required minimum security measures. Your data may be communicated to shipping agencies, telephone companies, publishing companies, advertising agencies, companies specialised in market analysis and/or which carry out market research, companies providing services for the management of promotions, including competitions and/or prize-based events, other points of sale belonging to the entire commercial chain forming part of the Max Mara Group, consultants and agents, and to company suppliers of purchased products. Your data may be divulged via the Internet in the event of success in competitions and/or prize-based events.

The data subjects have the right, at any time, to obtain confirmation as to whether or not personal data concerning them exist and to know the content and source of the personal data, to verify the accuracy of the personal data or to request its integration, updating and rectification (Art. 7 Leg. Dec. 30-06-2003 no. 196). Pursuant to the aforementioned article, the data subjects have the right to request the erasure, anonymisation or blocking of data that have been processed unlawfully, and to object, in any case, on legitimate grounds, to the processing of data concerning them. The rights as per article 7 of Leg. Dec. 30-06-2003 no. 196 may be exercised at any time by the data subjects by contacting the data controller, that is, either the point of sales where the data was collected or, in any case, the company Manifatture del Nord S.r.l Unipersonale, of the Max Mara Group, with registered office in Reggio Emilia, Via Mazzacurati, 6, Tel +39 0522 3581, Fax +39 0522 550018.

THE COMPANY DIFFUSIONE TESSILE S.R.L. HAS DECIDED TO SELL PENNYBLACK. BRAND PRODUCTS ON LINE, ON THE HTTP://WWW.PENNYBLACK.COM WEBSITE.

The system requires the customer’s active involvement and has been created in full compliance with regulations on remote selling and, in particular, arts. 50 et sequitur of the Consumer Code (Legislative Decree no. 206 of 6 September, 2005). Use of the remote selling process described in these general terms of sale is reserved exclusively to consumers as defined in art. 3 of Legislative Decree 206 of 6 September, 2005, and only if they are resident within Italian territory (defined below for brevity as the "Customer" or "Customers").

1. Area of application

These general terms of sale are applicable to all remote sales of Pennyblack. products through the website http://www.pennyblack.com.

These general terms of remote sale must be carefully examined by the Customer before completing the remote purchase procedure of the product indicated above. It remains understood that making a purchase order through http://www.pennyblack.com implies total and absolute knowledge of these general terms of sale and their full acceptance: in making the purchase order through http://www.pennyblack.com, the Customer unconditionally accepts and agrees to comply with these general terms of sale in relations with Diffusione Tessile S.r.l., and also the terms of payment described below, also declares viewing and acceptance of all the information provided and acknowledges that Diffusione Tessile S.r.l. does not accept any terms other than these ones, unless agreed beforehand in writing.

These general terms of sale are applicable and valid for as long as they are published on http://www.pennyblack.com. If Pennyblack S.r.l. changes the general terms of sale in question, this information will be published on the website and the new general terms of sale will be applicable exclusively to orders made from the date of their publication.

2. Identification of the seller

Diffusione Tessile s.r.l., share capital of 2.500.000, fully paid up
Società unipersonale - Max Mara Group
Registered office: Via Santi 8, 42025 z.i. Corte Teggie Cavriago (RE) - Tel. +39 0522 494611 Fax +39 0522 944385
Financial Administrative Register: Reggio Emilia 156506/RE - Reggio Emilia Register of Companies, tax code and VAT number 01044120358 - Comun. VAT code 01044120358

2.1 Identification of the website owner

Manifatture del Nord S.r.l., Share capital of Euro 9,850,505.00, fully paid up
Società unipersonale - Max Mara Group
Registered office: 42122 Reggio Emilia, Italy - Via Mazzacurati, 6 - C.P. n° 20 San Maurizio - Tel. + 39 0522 3581 Fax + 39 0522 550018
Financial Administrative Register: Reggio Emilia no. 182469 - Reggio Emilia Register of Companies, tax code and VAT number 01397590355 - M. RE 004510

3. Information on the product

Information on the PENNYBLACK products available for remote sale through http://www.pennyblack.com is provided in compliance with current laws and, in particular, articles 52 and 53 of the Consumer Code.


4. Product order

The order may be made through the "E-shop" section of http://www.pennyblack.com, following the steps and instructions on the website itself.

The total amount of a single order may not exceed Euro 10,000.

At a positive conclusion of the Customer's payment transaction, Diffusione Tessile S.r.l will give immediate communication of the order's acceptance, reserving the right of notifying a contingent impossibility of  handling the order itself to which will follow the cancellation of the order and concurrent refund of the payed amount, due to the depletion of goods, to circumstances beyond our control, or if the order wouldn't respond to a normal consumption demand. This constrain finds its application either regarding to the number of items bought in a single order, or in case of a number of orders including the same product or products, even if in each order is included a number of products responding to a normal consumption demand.

5. Product price

The product price published on the website refers to the individual article, expressed in Euro and including VAT. Maxima S.r.l. agrees to pay all taxes, duties, shipment charges and/or costs.

In compliance with the requirements of art. 53 of the Consumer Code, on acceptance of the order in accordance with art. 4) above, the Customer receives written confirmation showing the information on the products ordered, the amount paid, the details of the price of each product and the existence of the right to withdrawal, the times and methods for returning the article, the geographical address of the Diffusione Tessile S.r.l. office and information on the assistance service and any existing warranties.


6. Terms of payment

The Customer may only pay using a credit card or active PayPal account.

The following credit cards are accepted:
• Visa/Visa Electron;
• Mastercard.

The total amount of the order is taken from the credit card or Customer’s PayPal current account when the order is sent to Diffusione Tessile S.r.l. (when the Customer clicks on the “Order Confirmation” button), with simultaneous acceptance by Diffusione Tessile S.r.l. in accordance with art. 4 and activation of preparation of the products for shipment.

In order to prevent Internet fraud, payment made via http://www.pennyblack.com is managed on line by the bank which manages the Customer’s credit card, using the instruments provided by Banca Sella and PayPal. Banca Sella, PayPal and the respective associated companies are responsible for keeping and automatic processing in a protected environment of the information on each order, including the details of the credit card used.

For purposes of payment, the Customer must:
1) with credit card payment, confirm on http://www.pennyblack.com that they are the holder of the credit card being used and that the name indicated on the credit card is their own, then indicate the 16-figure number and expiry date on the «front» of the credit card and the security code on the «back»;
2) with payment using a PayPal current account, enter the access details in the specific space on the PayPal page, which will be automatically redirected to complete payment in the manner indicated by the service provider.

The order procedure will be considered as effectively concluded following completion of the payment operations, once the Customer has been redirected to the page of http://www.pennyblack.com showing confirmation of order acceptance.

If the debit cannot be made due to incorrect entry of data by the Customer or other technical reasons which will be communicated to the Customer by the payment service provider, the Customer may not conclude the "order confirmation" procedure; if the Customer leaves the payment page using the methods indicated by the service provider, they will be redirected to a page of http://www.pennyblack.com which indicates that the order cannot be confirmed. In this case, the contents of the order entered remain available to the Customer on their own personal page, as entered on attempting to obtain order confirmation.


7. Delivery

Products are delivered exclusively within Italian territory, to the address indicated by the Customer and only after regular payment of the order sent to Diffusione Tessile S.r.l.
The Customer may not request delivery of products to post office boxes and/or similar.

In compliance with the requirements of art. 54 of the Consumer Code, Diffusione Tessile S.r.l. will deliver the products within a maximum of 20 days from the day when the Customer has transmitted the order.

Diffusione Tessile S.r.l. delivers the products via express shipping service. If the Customer discovers any damage to the product(s) on receiving it(them), they must notify the damage within the 48 hours following the delivery date, through the "Customer Service" in the "Contacts" section of http://www.pennyblack.com. At this point, the Customer must send a return request using the methods indicated on http://www.pennyblack.com in the "Returns & Exchanges" section, where the conditions and the actions necessary for exercising this right, the times, methods and any costs of return are also indicated.

If the recipient or another authorised person is unavailable to receive the shipment when delivery is attempted, the shipper will leave written notice, containing the details of the attempted delivery and the codes and contacts to use in order to arrange a subsequent delivery with the shipper. If the shipper does not receive any different instructions from the Customer, it will make a further two delivery attempts and, if unsuccessful, the shipment will be held in stock for 5 days at the expense of the shipper. At this point, Diffusione Tessile S.r.l. will contact the Customer at the contact addresses indicated during registration, in order to check for and resolve any intervening problems. In the absence of any response or the impossibility of agreeing a delivery date within said 5 days, the order will be cancelled, the Customer will be informed via e-mail and the amount paid will be refunded.

If both the following conditions occur:
- the product(s) is(are) not delivered to the Customer within 4 business days following shipment, as simultaneously indicated to the Customer by Diffusione Tessile S.r.l., and
- the Customer is unable to trace the place where the aforementioned goods are located using the on line system provided
the Customer must notify Diffusione Tessile S.r.l. of non-delivery of the product(s) through "Customer Service " in the "" section of http://www.pennyblack.com.
Diffusione Tessile S.r.l. guarantees a new shipment of the lost product(s) within 48 hours following notification, unless the products have become unavailable in the meantime or due to force majeure. In this case, the order will be cancelled immediately and the amount paid will be simultaneously refunded.


8. Limited liability

Diffusione Tessile S.r.l. will replace free of charge or refund any product sold which has been damaged during shipment performed by its own carrier, provided that:

• the Customer has notified the damage in writing through "Customer Service" in the "Contacts" section on http://www.pennyblack.com within 48 hours of the delivery date (in accordance with art. 7 above) and

• the Customer provides Diffusione Tessile S.r.l. with the product in question, together with the original packaging, and

• the numbered seal of warranty placed on the article during quality control prior to shipment is still present and intact on the product.

In the case of failure to comply with even only one of the above conditions, Diffusione Tessile S.r.l. will not refund the amount paid or replace the product which, in this case, will be immediately made available to the Customer for collection at their own expense. In this case, Diffusione Tessile S.r.l. will notify refusal of the return via e-mail, indicating where to collect the product.


9. Right of withdrawal and product return

The Customer may exercise the right of withdrawal contemplated by article 64 of the Consumer Code. It is in the interest of Diffusione Tessile S.r.l. for the Customer to be able to exercise this right of withdrawal in the best possible conditions.

The Customer may exercise the right of withdrawal within 20 (twenty) calendar days of the order delivery date, as certified by the shipper and indicated using the methods shown on http://www.pennyblack.com in the "Returns & Exchanges" section, where the conditions and actions necessary for exercising this right and the times, methods and any costs of the return operation are also indicated.
Within 10 (ten) calendar days of the withdrawal request as indicated above, the Customer may therefore return the products in the same conditions in which they were received, according to the instructions on http://www.pennyblack.com in the "Pristine conditions” section.
Return is considered as having taken place when:

• the articles being returned have been delivered to the express shipper, if the Customer has decided to use the goods return methods arranged by Diffusione Tessile S.r.l;

• the articles being returned have been delivered to personnel authorised by Diffusione Tessile S.r.l at the address and in the times communicated to the Customer, if the Customer decides to arrange return independently.

If the right of withdrawal is exercised in accordance with the above conditions, the value of the returned products, equivalent to their purchase price, will be refunded to the Customer within 30 (thirty) calendar days, starting from the date when Diffusione Tessile S.r.l. has received the withdrawal request and, in any case, within 10 (ten) business days of the goods being returned.

A Customer who has used one of the product return procedures indicated in the "Returns & Exchanges" section is fully entitled to a refund of the price paid and may ask for the amount to be credited onto the credit card or into the PayPal account used to make payment.

It remains understood, in all cases, that, according to the requirements of article 67 of the Consumer Code (Legislative Decree no. 206 of 6 September, 2005), the product being basically in pristine conditions is an essential requirement for the Customer to exercise the right of withdrawal. If the products returned by the Customer are damaged, incomplete, deteriorated and/or used in a manner which does not correspond with normal diligence, such as not to be in pristine conditions, they will not be refunded.


10. Product replacement for a size and/or colour change

Diffusione Tessile S.r.l. offers its Customers the possibility of replacing the product purchased remotely through http://www.pennyblack.com with an identical product, and therefore solely and exclusively the same model with a different size and/or colour, if the replacement request is sent within a maximum of 20 (twenty) calendar days from receipt of the product, using the methods and in the times indicated in the "Returns & Exchanges" section of the website, where the conditions and actions necessary for exercising this option and the methods and any costs of the return operation are also indicated.
Within a maximum of 10 (ten) calendar days from the above communication, the Customer may therefore return the products for replacement, in the same conditions as when they were delivered, according to the instructions on http://www.pennyblack.com in the "Pristine conditions" section.

As specified in said section, according to requirements indicated as "Pristine Conditions", any products the Customer wishes to replace but which lack the numbered seal of warranty placed on the article prior to delivery or which are deteriorated, damaged and/or used in a manner which does not correspond with normal diligence will not be replaced.


11. Conformity - Warranty

In guaranteeing conformity of the products purchased, legal warranties are also applicable to sale of the Diffusione Tessile S.r.l. products governed by these general terms.

The legal articles concerning Customers’ rights with Diffusione Tessile S.r.l. in the case of non-conformity of the products delivered and methods of applying them are indicated below:

« Article 129 of the Consumer Code:

1. The seller is required to deliver to the consumer products which conform with the contract of sale.

2. It is presumed that the consumer products conform with the contract if, where pertinent, the following circumstances co-exist: a) they are suitable for the normal use of goods of the same type; b) they conform with the description provided by the seller and possess the qualities of the good which the seller presented to the consumer as a sample or model; c) they have the normal characteristics and performance of a good of the same type, which the consumer may reasonably expect, taking into account the nature of the good and, if necessary, the public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or their agent or representative, particularly in advertising or on labelling; d) they are also suitable for the specific use intended by the consumer, as indicated by them to the seller in concluding the contract and which the seller has accepted, including for concluding facts.

3. There is no non-conformity if, on concluding the contract, the consumer was aware of the non-conformity in question or could not be unaware of it with normal diligence or if the non-conformity derives from the instructions or materials provided by the consumer.

4. The public declarations indicated in paragraph 2, letter c), are not binding on the seller when, including alternatively, it demonstrates that: a) it was not aware of the declaration and could not have discovered it using normal diligence; b) the declaration has been appropriately corrected by the moment when the contract is concluded, so that the consumer could be aware of it; c) the decision to purchase the consumer good was not influenced by the declaration.

5. Non-conformity deriving from incorrect installation of the consumer good is equivalent to non-conformity of the good when installation is included in the contract of sale and has been performed by the seller or under its responsibility. This equivalence is applied even when the product, designed to be installed by the consumer, has been installed by them incorrectly due to deficient installation instructions.»

« Article 130 of the Consumer Code:

1. The seller is liable to the consumer for any non-conformity existing at the moment of delivery of the good. 2. In the case of non-conformity, the consumer is entitled to have conformity of the good restored, at no expense, through repair or replacement, in accordance with paragraphs 3, 4, 5 and 6, or to a suitable reduction in price or termination of the contract, in accordance with paragraphs 7, 8 and 9. 3. The consumer may, at their own discretion, ask the seller to repair the good or replace it, at no expense in both cases, unless the remedy requested is objectively impossible or excessively expensive compared with another one. 4. For the purposes indicated in paragraph 3, a remedy is considered as excessively expensive if the seller sustains unreasonable costs compared with another one, taking into account: a) the value the good would have without the non-conformity; b) the extent of the non-conformity; c) the possibility of using the alternative remedy without any serious inconvenience for the consumer. 5. Repairs or replacement must be performed within a congruous time from the request and must not cause any serious inconvenience to the consumer, taking into account the nature of the good and the purpose for which the consumer has purchased it.

6. The costs indicated in paragraphs 2 and 3 refer to essential costs for restoring conformity of the goods, particularly with reference to the costs sustained for shipment, labour and materials.

7. The consumer may request, at their own discretion, an appropriate reduction in the price or termination of the contract in the following situations: a) repair and replacement are impossible or excessively expensive; b) the seller has not repaired or replaced the product within the congruent time indicated in paragraph 6; c) repair or replacement previously performed has caused serious inconvenience to the consumer.

8. Use of the good is taken into account in determining the amount of the reduction or refund.

9. After a non-conformity has been reported, the seller may offer the consumer any other remedy available, with the following effects: a) if the consumer has already requested one specific remedy, the seller is required to implement it, with the necessary consequences concerning the congruous period of time indicated in paragraph 6, unless the consumer accepts the alternative remedy proposed; b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it and choose another remedy in accordance with this article.

10. A slight non-conformity for which repair or replacement is impossible or excessively expensive does not entitle the consumer to terminate the contract. »

«Article 132 of the Consumer Code:

1. The seller is liable, in accordance with article 130, when the non-conformity appears within two years of delivery of the good.

2. The consumer forfeits the rights according to article 130, paragraph 2, if they fail to report the non-conformity to the seller within two months of its discovery. Reporting the non-conformity is unnecessary if the seller has recognised or concealed its existence.

3. Unless proved otherwise, it is presumed that non-conformities which occur within six months of delivery of the good already existed at that date, unless this is incompatible with the nature of the good or with the nature of the non-conformity.

4. An action for recognition of defects not intentionally concealed by the seller may only be brought within twenty-six months of delivery of the good; a consumer who is ordered to fulfil the contract may nonetheless invoke the rights indicated in article 130, paragraph 2, provided that the non-conformity has been reported within two months of discovery and before expiry of the time-limit indicated in the previous sentence. »

The Customer must report any non-conformity discovered to Diffusione Tessile S.r.l. using the methods indicated on http://www.pennyblack.com in the "Returns & Exchanges" section, where the conditions and the actions necessary for requesting replacement or a refund and the methods and any costs of the return operation are also indicated.


12. Complaints - Communications - Information

For any information or complaint or for any communication concerning the general terms of remote sale, orders and/or PENNYBLACK products, the Customer may contact "Customer Service" through the "Contacts" section of http://www.pennyblack.com.


13. Requirements on privacy and protection of personal data

Diffusione Tessile S.r.l. is the owner of a database which contains the personal data of its customers. When a new customer makes an order, through http://www.pennyblack.com, the aforementioned database is updated with the data of the new customer, which makes it possible to satisfy the customer’s requirements as well as possible subsequently and assists in providing the assistance service guaranteed by Customer Service and by http://www.pennyblack.com. Data is collected and processed in accordance with the requirements of Legislative Decree no. 196 of 30 June, 2003 (“Privacy Code”). The Customer is entitled in all cases to obtain confirmation of the existence of personal data concerning them, even when not registered, and its communication in intelligible, and also to have the data updated, corrected or deleted and to oppose processing of their personal data in the cases contemplated by art. 7 of the Privacy Code and the other rights granted by the Privacy Code, through a written communication to be sent to Diffusione Tessile S.r.l.. For information on processing of customers’ personal data by Diffusione Tessile S.r.l. for sale of PENNYBLACK products through http://www.pennyblack.com, please view the Privacy Information, indicating the purposes of processing and/or communication and containing the contents published on the website.

14. Force majeure

Diffusione Tessile S.r.l. may suspend the services supplied in cases of unavoidable accident or force majeure which prevent or delay fulfilment. These cases, by way of example only, include war, revolts, insurrections, strikes or supply problems of Diffusione Tessile S.r.l. attributable to third-party suppliers.

Diffusione Tessile S.r.l. will inform the customer of any case of unavoidable accident or force majeure within 7 days of occurrence.

If suspension of supply persists for a period exceeding 15 days, the Customer may cancel the order made and the amounts already paid will be refunded.


15. Applicable law and court of competent jurisdiction

These general terms of sale are governed by Italian law. In the case of disputes over the interpretation, validity and/or fulfilment of these general terms of sale, the Customer is entitled to protect their interests through a consumer association in the forms of art. 140 of the Consumer Code, or to start a non-judicial conciliation procedure for settlement of consumer disputes in accordance with art. 141 of the Consumer Code.

The Customer is entitled in all cases to perform the ordinary procedures for settling disputes over the interpretation, validity and/or fulfilment of these general terms of sale and, in this case, the sole competent court of competent jurisdiction will be in the place of residence or domicile of the consumer.

RELATED ARTICLES FROM THE CONSUMER CODE

Article 4 (Consumer education)
1. Education of consumers and users is designed to encourage awareness of their rights and interests, the development of associations, participation in administrative procedures and their presence in representative bodies.
2. The activities designed to educate consumers carried out by public or private bodies are not for promotional purposes. They are intended to explain clearly the characteristics of goods and services and to make the costs and benefits of choosing such goods and services clearly evident. They shall also give special consideration to those categories of consumers that are most vulnerable.
Article 52
(Consumer information)
1. In good time prior to the conclusion of any distance contract, the consumer shall be provided with the following information:
a) the identity of the seller and, for contracts requiring payment in advance, the address thereof;
b) the main characteristics of the goods or services;
c) the price of the goods or services, including all taxes and duties;
d) delivery costs;
e) the arrangements for payment, delivery of the good or provision of the service and any other form of execution of the contract;
f) the existence of a right of withdrawal from or the exclusion of such right, pursuant to Article 55, Paragraph 2;
g) procedures and deadlines for the return or collection of the goods if the aforementioned right of withdrawal is exercised;
h) the cost of using the means of distance communication, where it is calculated other than at the basic rate;
i) the period for which the offer or the price remains valid;
j) the minimum duration of contracts for the supply of products or services to be provided continuously or repeatedly.
2. The information referred to in Paragraph 1 (the commercial purpose of which shall be required to be made clear) shall be required to be provided in a clear and comprehensible manner in any way appropriate to the means of distance communication used, and especially with due regard to the principles of good faith and integrity in commercial transactions, assessed in accordance with the protection requirements of particularly vulnerable categories of consumers.
3. For telephone communications, the identity of the professional and the commercial purpose of the call shall be required to be made explicit at the beginning of any telephone calls to consumers. Failure to observe this shall invalidate any contract. If e-mail is used, the regulations provided for at Article 9 of Legislative Decree no. 70 of 9 April 2003 shall apply.
4. If methods are used that allow personal communication, the information pursuant to Paragraph 1 shall be provided in Italian if the consumer so requests. In this case, confirmation and further information pursuant to Article 53 shall also be provided in Italian.
5. For e-commerce, professional information obligations should be added to the information provided for under Article 12 of Legislative Decree no. 70 of 9 April 2003.
Article 53
(Written confirmation of information)
1. The consumer shall receive written confirmation (or, at his request, confirmation in another durable medium available and accessible thereto) of the information referred to in Article 52, Paragraph 1, before or when entering into any contract. By this time and in the same ways, consumers must also be provided with the following information:
a) details of the conditions and procedures for exercising the right of withdrawal pursuant to Section IV of this Chapter, including the cases pursuant to Article 65 Paragraph 3;
b) the address of the professional against whom the consumer may bring claims;
c) information about after-sales services and any existing guarantees;
d) conditions for withdrawing from the contract where it is of unspecified duration or a duration exceeding one year.
2. The provisions of this Article shall not apply to services which are provided via some means of distance communication, where they are supplied on only one occasion, and are invoiced by theoperator of the same means of distance communication. Even in this case the consumer must be able to obtain the address of the professional to which complaints may be addressed.
Article 54
(Implementation)
1. Unless agreed otherwise by both parties, a professional must implement orders by no later than thirty days after that upon which the consumer placed an order with the professional.
2. In the event of a professional failing to implement an order on the grounds that the goods or services ordered are permanently or even temporarily unavailable, the professional shall be required to inform the consumer by no later than the date specified at Paragraph 1, according to the procedures pursuant to Article 53, (1), and shall arrange to refund any sums already received in payment. Unless the consumer agrees otherwise, before or at the time of entering into the contract, the professional shall not fulfil his obligations by supplying anything other than that which has been agreed upon, even if it is of equivalent or superior value and quality.
Article 55
(Exclusions)
1. The right of withdrawal provided for by Articles 64 et seq. and Articles 52, 53, and 54, (1) shall not apply to :
a) contracts for the supply of foodstuffs, beverages or other goods for everyday consumption supplied to the consumer's home, residence, or workplace by regular delivery personnel;
b) contracts for the provision of accommodation, transport, catering or leisure services, where the
supplier undertakes, when the contract is concluded, to provide these services on a certain date or by a specific date thereafter.
2. Unless otherwise agreed by both parties, consumers shall not be entitled to any right of withdrawal provided for by Articles 64 et seq. in the following cases:
a) the provision of services if provision thereof has already begun, with the consumer's agreement before the end of the period referred to in Article 64 Paragraph 1;
b) the supply of goods or services, the price of which is dependent on financial market rate fluctuations beyond a professional's control;
c) the supply of goods made to the customer's specifications or clearly customised or which, by virtue of their nature, cannot be returned or are liable to deteriorate or expire rapidly;
d) the supply of audio or video recordings or computer software which have been opened by a consumer;
e) the supply of newspapers, periodicals and magazines;
f) gaming and lottery services.
Article 56
(Payment by card)
1. Consumers shall be entitled to by card where this is provided for in payment procedures, notification of which has been made to consumers pursuant to Article 52, Paragraph 1, subparagraph e).
2. Card issuers shall be required to credit consumers with payments for which consumers are able to demonstrate that an excess has been paid with regard to the price agreed upon, or payments made following fraudulent use of his card by the professional or a third party, save for application of
Article 12 of Decree-Law no. 143 of 3 May 1991, as amended by Law no.197 of 5 July 1991. Card issuers shall be entitled to charge professionals for any monies credited to the consumer.
Right of withdrawal
Article 64
(Exercise of the right of withdrawal)
1. For distance contracts and contract proposals, or those negotiated away from business premises, consumers shall be entitled to a period of ten business days to withdraw from a contract without being liable to any penalty and without giving any reason, save for the provisions of Article 65, Paragraphs 3, 4, and 5.
2. Right of withdrawal may be exercised by making written notification, by no later than the term provided for at Paragraph 1, to the premises of the professional, by recorded delivery (with notification of receipt). Notification may also be sent, by the same term, by telegram, telex, e-mail or facsimile machine, provided that confirmation is also given by recorded delivery (with notification of receipt) by no later than 48 hours thereafter; a by recorded delivery letter shall be understood to have been sent in good time if delivered to a post office accepting the delivery by no later than the term provided for by the Code (or by the contract, if different). Notification of receipt, however, shall not be considered sufficient for the exercise of any right of withdrawal.
3. If expressly provided for in the offer or information regarding the right of withdrawal, goods received may be returned by no later than the term specified above at Paragraph 1, instead of
specific notification having to be made.
Article 65
(Starting dates)
1. For contracts or contract proposals negotiated away from business premises, periods for consumers to avail themselves of their right of withdrawal pursuant to Article 64 shall commence:
a) on the day of signing the order note containing the information referred to in Article 47 or, if an order note has not been provided, on the date the information itself is received, for contracts for services or contracts for the supply of goods, provided that the professional has previously shown or explained to a consumer the product for which a contract has been concluded.
b) on the date of receipt of goods, if later, for contracts for the supply of goods, if the purchase was made without the professional being present, or a product of a different type than that for which a contract has been concluded has been shown or explained.
2. For distance contracts, the period for exercising the right of withdrawal pursuant to Article 64 shall commence:
a) in the case of goods, from the date of receipt by the consumer, provided that all information requirements pursuant to Article 52 have been met, or from the date upon which such requirements were met, if they are fulfilled after conclusion of the contract, provided that this period does not exceed three months after the date of conclusion;
b) in the case of services, from the day of conclusion of the contract or the date on which the requirements pursuant to Article 52 have been met, if they are met after conclusion of the contract, provided that this period does not exceed three months after the date of conclusion.
3. For contracts or contract proposals negotiated away from business premises, if a professional has failed to meet his information requirements pursuant to Article 47, or for distance contracts, the information requirements pursuant to Article 52, Paragraph 1, subparagraphs f) and g), and Article 53, the period for exercising the right of withdrawal shall be sixty or ninety days respectively, and in the case of goods, shall commence on the day of receipt by the consumer, for services, from the day the contract is concluded.
4. Provisions pursuant to Paragraph 3 shall also apply if a professional supplies incomplete or incorrect information that does not permit the right of withdrawal to be exercised correctly.
5. Parties shall be entitled to agree upon broader guarantees for consumers than those provided for in this Article.
Article 66
(Effects of the right of withdrawal)
1. Upon receipt by the professional of a notification pursuant to Article 64, the parties shall be released from their respective obligations arising out of any contract or contract proposal. If, in the meantime, any requirements have been met out in full or in part, this shall not affect the further obligations pursuant to Article 67.
Article 67
(Further obligations of the parties)
1. If goods have been delivered, consumers shall be required to return them or to make them available to the professional or the person appointed thereby, according to the procedures and timeframes provided for in the contract. The period for returning the goods shall never be less than ten business days after the day the goods were received. Upon expiry of this term, any goods shall be understood to have been returned when they are delivered to the post office accepting the delivery or to the forwarding agent.
2. For contracts for the sale of goods, if goods have been delivered, the substantial integrity thereof shall be an essential prerequisite for the exercise of the right of withdrawal. However the goods need only be returned in a normal state of repair, to the extent that they have been kept and preferably used with all due care and attention.
3. The only expenses due from a consumer when exercising his right of withdrawal pursuant to this Article shall be the direct expenses of returning any such goods to the sender, where expressly provided for in the contract.
4. If the right of withdrawal is exercised by the consumer in conformity with the provisions of this
Section, professionals shall be required to refund any monies paid by consumers, including any deposits. Refund must be made free of charge, in the shortest possible time, and never any later than thirty days after the date upon which the professional was informed of the consumer's intenti on to withdraw. These sums shall be understood to have been refunded if they are effectively returned, sent or credited with an effective date of no later than the termination of the period previously indicated.
5. If payment has been made by way of bills of exchange, and the latter have not yet been presented for payment, arrangements must be made for the return thereof. Any contract term which limits refunds to the consumer of the sums paid as a result of exercising the right of withdrawal shall not be valid.
6. If the price for goods or services is covered by a contract pursuant to this Title is fully or partially covered by a loan granted to the consumer by the professional or by third parties on the basis of an agreement between the latter and the professional, the credit agreement shall be understood to have been automatically terminated, without any penalty, provided that the consumer exercises his right of withdrawal in accordance with the provisions of this Article. The profe ssional shall be required to notify any third parties granting any credit that the consumer has exercised his right to withdrawal. Any sums paid by the third party granting the credit for payment of goods or services until it became aware that the consumer had exercised his right of withdrawal shall be refunded to the third party by the professional, without any penalty, except for payment of legally accrued interest.
Sale of consumer goods
Article 128
(Scope of application and definitions)
1. This Chapter covers certain aspects of sales contracts and guarantees for consumer goods. For such purposes, sales contracts are equated to contracts for exchange and supply as well as work and material contracts and all other contracts intended to supply consumer goods to be manufactured or produced.
2. For the purposes of this chapter:
a) consumer goods shall mean any tangible movable item, whether or not it requires assembly, with the exception of:
1. goods sold by way of execution or otherwise by authority of law, including those sod by the authority of notaries public;
2. water and gas where they are not put up for sale in a limited volume or set quantity;3. electricity;
b) seller shall mean any natural or legal, public or private person who, under a contract pursuant to Paragraph 1, sells consumer goods in the course of his trade, business or profession;
c) further conventional guarantee: shall mean any undertaking by a seller or producer to the consumer, given without extra charge, to reimburse the price paid or to replace, repair or handle consumer goods in any way if they do not meet the specifications set out in the guarantee statement or in the relevant advertising;
d) repair: shall mean, in the event of lack of conformity, bringing consumer goods into conformity with the contract of sale;
3. The provisions of this chapter shall apply to the sale of second-hand consumer goods taking into account the period of past use, limited to defects not deriving from normal use of the item.
Article 131
(Right of redress)
1. Where the final seller is liable to the consumer because of a lack of conformity resulting from an act or omission by the producer, a previous seller in the same chain of contracts or any ot her intermediary, the final seller shall be entitled to redress, unless agreed otherwise or unless such right is waived, against the person or persons liable in the chain of contracts.
2. If the final seller has fulfilled the remedies required by the consumer, he may take action of redress, within one year from completing the performance, against the party or parties responsible to obtain reimbursement of the sum given.
Article 133
(Conventional guarantee)
1. The conventional guarantee binds the offeror under the conditions indicated in the declaration of guarantee or the associated advertising.
2. The offeror shall ensure that the guarantee states at least:
a) that the consumer has legal rights pursuant to this subsection and that the guarantee does not affect such rights;
b) set out in plain intelligible language the contents of the guarantee and the essential particulars necessary for making claims under the guarantee, including the duration and territorial scope of the guarantee and the name and address of the guarantor.
3. At the request of the consumer, the guarantee shall be made available in writing or feature in another durable medium available and accessible to him.
4. The guarantee shall be drafted in Italian in print no smaller than the print for any other languages.
5. Should a guarantee infringe the requirements of Paragraphs 2, 3, and 4, the validity of this guarantee shall in no way be affected; the consumer may still avail himself of the guarantee and require that it be honoured.
Article 134
(Binding nature of provisions)
1. Any contractual term or agreement concluded with the seller before the lack of conformity is brought to the seller's attention which directly or indirectly waives or restricts the rights resulting from this Paragraph shall not be binding upon the consumer. Invalidity may only be enforced by the consumer and may also be established by the courts.
2. In the case of second-hand goods, the seller and consumer may limit the duration of liability pursuant to Article 132, Paragraph 1 to a period of time of no less than one year.
3. Any contractual term that provides for the legislation of a non-EU country to be applied to the contract shall have the effect of depriving the consumer of the protection granted under this Paragraph, if the contract has a close link with an EU Member State.Article 135
(Protection provided by other provisions)
1. Consumers' rights under other statutory instruments shall not be limited or repealed by the provisions of this Chapter.
2. In all matters not covered by this Title, the provisions of the Civil Code in relation to sales contracts shall apply