Terms & Conditions
This page, along with the documents quoted within it, describes the terms and conditions according to which the products listed on the website www.paulandshark.com (the “Site” or “Website) are supplied to Customers. Please carefully read these terms and conditions (“General Terms and Conditions of Sale”) before you place any orders on the Website. The following “General Terms and Conditions of Sale.” apply to all orders received and accepted by Dama S.p.A., and they are an integral part of each order, if not derogated from explicitly, within the orders themselves
To perfect the order, it is necessary to accept these General Terms and Conditions by Clicking on the button “Accept”, at the end of the conditions stated in the purchase form.
If they refuse to accept these General Terms and Conditions of Sale, customers will not be able to purchase any goods from the Website. Once these General Terms and Conditions of Sale are accepted, the purchaser will be defined as the Customer or the Customers.
General Terms and Conditions of Sale
1. Information about Paul&Shark
1.1 www.paulandshark.com is a Website managed by DAMA S.p.A, with registered offices in via Piemonte 174, Varese, 21100, Italy; VAT Number 01910560125, registration code in the Varese Companies Register 216056 (the “Company” or “Paul&Shark.”)
2. Conditions applicable to the customer
2.1 By placing an order on the Company Website, Customers guarantee that they:
- Have the legal capacity to sign enforceable contracts;
- Are 18 or over (or, if minors, who have attained legal capacity in accordance with the rules of their country, and/or are acting with the consent of or through their legal guardian or authorised by their legal representative);
- They are buying Products for personal, non-commercial use;
3. Performance of the contract
3.1 The price and essential characteristics of each Product, along with the relative Product codes, are available on the Company Website. The information available on the Company Website does not constitute an offer on the part of Paul&Shark.
3.3 It is possible to complete an order on www.paulandshark.com either as a guest or as a registered user.
3.4 In order to buy a Product, the Customer must (1) add the chosen product to the Cart, by clicking on the appropriate button, (2) fill in the order proposal, (3) select a payment method, (4) accept the General Terms and Conditions of Sale, as well as the Privacy Disclosure and (5) send their order proposal to Paul&Shark through the Website. After completing the above-mentioned purchase procedure, the Customer will receive an email confirming the successful transaction. This email will be valid as proof of purchase of the products (Order Confirmation). Should Customers want to return any Products, they will have to provide Paul&Shark with their Order Confirmation Number, as well as the email address used to purchase the Products. This number can be found on the Order Confirmation, in compliance with the procedures described in the related return clauses.
3.5 Order shipping constitutes an offer for the selected Product. This offer is regulated by the General Terms and Conditions of Sale and it is binding for the Customer, subject to the Customer’s discretionary right to withdraw their purchase. The Customer submitting his/her order proposal implies an obligation on his/her part to pay the price for the Product or Products purchased.
3.6 Any mistakes and/or changes of the data inserted by the Customer in the order proposal may be confirmed by the Customer before submitting the order proposal, following the procedure described on the Company Website. For instance, the Customer may change the amount of Products ordered by adding or eliminating any of them from the Cart.
3.7 Notwithstanding the use of data described in the privacy disclosure, the order proposal and the relative customer data may be stored by Paul&Shark for the length of time required by the applicable legislation. Moreover, any contract signed with the customer will be archived by Paul&Shark for the length of time established by the applicable legislation.
3.8 After sending an Order Confirmation, Paul&Shark still retain the right, at is sole discretion, within and no later than 30 days, to refuse to carry out the order for the following reasons:
- Products are not available;
- Paul&Shark suspects or receives information related to fraudulent or illicit activities, including purchases that are presumed to be made for commercial reasons;
- The customer has not fulfilled his/her contractual obligations arising from a contract previously signed with Paul&Shark
3.9 The contract will solely refer to those products whose shipping or supply was confirmed by Paul&Shark, its Order Confirmation and Shipping Confirmation.
3.10 Notwithstanding the provisions of clause 3.7, the contract between Customers and Paul&Shark is entered into as soon as the Customer is notified of acceptance of the order, sent with the procedure indicated on the Website, ie. An Order Confirmation.
3.11 Even when an Order Confirmation has been sent, should one or more of the ordered products not be available, the Customer will receive an email informing him that the Products ordered are not in stock. In this case, the order proposal will be cancelled or partially accepted, only for those products that are available. In case of partial order acceptance, the Customer will pay (or will be charged, in case payment is made by credit card) only the price of the available Products.
3.12 The Order Confirmation will include a summary of the essential characteristics of the purchased Products, as well as detailed information about the pricing and payment methods used. The Confirmation will also include information on how the Customer can exercise the right to withdraw the purchase (this includes information on the way personalised products are excluded by the right to withdraw.) The message will also include information on shipping costs; on the address to which any claims should be sent; on after-sale assistance and on current commercial conditions, as well as a copy of these General Terms and Conditions of Sale.
4. Information on availability and product information
4.1 Product information (along with the related Product codes) and prices are available on Paul&Shark’s website.
4.2 The products available on the Company Website constitute a selection of the items normally available in the company’s stores. However, Paul&Shark does not guarantee to its Customers that the products available on the Company Website will also be available in stores. Moreover, the Company does not guarantee that all the Products shown on the website are in stock. The images of the Products on the Website may look different from their actual appearance. This is why the Customer must exclusively consider the Product description posted on the Website.
4.3 Paul&Shark reserves the right to limit at any time the amount and/or type of Product available on the Website. The styles, designs and colour of the Products posted might be modified without any notice. Should the Company not be able to satisfy the order due to the unavailability of the Product ordered, the Customer will receive an automatic reply from the Company during the purchase procedure. Paul&Shark shall not be held liable in any way towards the Customer.
4.4 In no case shall Paul&Shark be held responsible for any mistakes due to unavailable network connections, stopping Customers from connecting to the Website. Moreover, irrespective of the reason, cause, nature or consequence of the damage, Paul&Shark will not assume any responsibility with regard to the Customer in the following cases:
- Any damage caused by the suspension or interruption of Website functionality;
- Any damage caused by third-party cyber attacks to the Website, modifying any information reported on it.
5. Transport and shipping
5.1 Except for exceptional circumstances, Customer orders will be satisfied within the date indicated in the Order Confirmation or, should no date have been specified, within a reasonable amount of time from the date the Customer receives the Order Confirmation. This term cannot, however, exceed 30 days. The delivery date will be established by the partner chosen by Paul&Shark (Global-E) according to its operators in the delivery area and will change according to delivery address, type of Products and other relevant factors. Products will be delivered to the address indicated by the Customer in the order proposal.
Paul&Shark will not deliver to:
- P.O. Boxes;
- Accommodation facilities, such as hotels, public institutions, airports and ports;
- Natural or legal persons providing forwarding services towards foreign countries;
- Any other location with regard to which Paul&Shark may reasonably consider that the customer’s address is unknown.
5.2 Shipping costs, which are clearly indicated in the Order Confirmation, will be paid for by the Customer.
5.3 The purchased Products will be delivered by a delivery company selected by the Merchant Of Record Global-E (hereinafter, the 'MOR'), only on working days, therefore excluding Saturdays, Sundays and any local or national holidays, and within 30 (thirty) days from the day that the Order Confirmation was sent, except in the cases of force majeure or unforeseeable circumstances .) Should delivery not be performed within the time limits indicated above, Customers can fill in the contact form to give Paul&Shark 7 more days - as envisaged by existing norms, or reasonable with respect to the circumstances - to deliver the Products ordered. If this deadline is not respected, Customers will have the right to renounce the contract. In this case, Paul&Shark will refund all paid sums related to the contract in question, without delay. In case of non-compliance with the 30-day term, or any other subsequently extended term, the Customer shall be entitled to terminate the contract and MOR shall be obliged to refund, without delay, all sums paid by the Customer in performance of the contract.
5.4 Upon delivery of the Products by the MOR, Customers (or any designated representatives) will have to verify that:
- The personal information of the recipient on the delivery receipt is correct;
- Any packaging and seals are intact, and neither damaged, nor wet or otherwise altered.
5.5 Any damage done to the packaging or the Products, namely, any discrepancies with respect to the recipient information or documentation will have to be immediately notified, in writing, on the Courier’s delivery receipt. With the exception of particular cases provided by the law, once the Customer signs the courier document without raising any objections, it will not be possible anymore to raise any objections related to the external characteristics of the package delivered. This does not prejudice the Customer's subsequent right of complaint regarding any other characteristic of the Product(s).
6. Shipping Confirmation
6.1 Once the ordered Products are shipped, Paul&Shark will send the Customer an email, as an Order Confirmation (hereinafter, the Order Confirmation.)
7. Risks and ownership
7.1 The risk of loss or damage of Products is transferred to the Customer when he/she, or a third party designated by the Customer other than the Courier, acquires physical possession of the Products.
7.2 Ownership is transferred to the Customer only after Paul&Shark receives full payment of all sums due, including shipping costs.
8. Customers’ Rights
8.1 Customers will be able to renounce the contract related to one Product at any time, without providing any reason, and at no cost to the Customer, within 14 calendar days starting from the date that the Customer receives the Product in question (Withdrawal Period). In this case, Customers will receive a full refund of the sums paid for the Products ordered, in compliance with Paul&Shark’s regulation regarding refunds, regulated in clause 10 below. In order to renounce a contract, Customers will have to communicate their decision to Paul&Shark in writing, within the Withdrawal Period.
8.2 Notwithstanding the right granted in clause 9, the right to withdraw included in Section 8.1 does not apply to orders including discounted Products. The right to withdraw also does not apply to any personalised Products, such as the ones with an engraving of the Customer’s initials, in compliance with the provision of article 59, comma 1c of the Consumer Code.
9. Non conformity
9.1 Should any Product sold by Paul&Shark have any manufacturing defects, or any other presumed non conformity, Customers must contact Paul&Shark’s Online Customer Service here: firstname.lastname@example.org.
10. Paul&Shark’s refund policy
10.1 If the Customer wishes to return a Product, he may do so by following the instructions in the Returns section.
10.2 Should a Customer renounce a contract with Paul&Shark, in compliance with clause 8, and return a Product, in compliance with the above mentioned clause 10.1, Paul&Shark through its partner Global-E will refund, and in any case within 30 days after the package is returned to Paul&Shark's warehouse. In these cases, Paul&Shark will fully refund the Product price (excluding the related shipping costs) as well as any shipping costs incurred by Customers to return the Product.
10.3 The refund policy included in clause 10.2 does not apply to the Products indicated in clause 8.2.
10.4 Should a Customer return any products in compliance with clause 10.1, claiming that the Product is defective, in compliance with clause 9 Paul&Shark will examine the returned Product, and will inform the Customer of any refunds per email, within a reasonable time frame. Paul&Shark will generally process the due refund as soon as possible, and in any case within 2 months from the day that the Customer gets notified of having the right to be refunded for the defective Product. Products returned for being defective will be fully reimbursed. The refund will also cover shipping costs, as well as any shipping costs incurred by Customers to return the Product. Shipping costs for the Product’s first shipping to Customers will only be refunded when a Product is not part of a batch order.
10.5 We also wish to point out that, in both the cases described in clauses 10.2 and 10.4, Customers must immediately return any related products in the same conditions in which they were received. Customers must take reasonable care of the Products by law, as long as the Products are at his/her disposal. Paul&Shark retains the right to take action against Customers, asking for compensation in the following cases:
- There is proof that the Products were used (as in, by way of example and not limited to: creases, damage and smell)
- Products were originally bought in a store;
- Products are not labelled anymore;
- Part of the Products, or their accessories, are missing;
- Packaging is missing;
- The delivery receipt, shipped along with the Products, is not included when returning products;
10.6 Paul&Shark will generally reimburse any amounts received from Customers by re-crediting this amount to the credit card used for purchasing the Products. Moreover, should the purchase have been paid by PayPal, the refund will be made by Paul&Shark directly on to the Customer’s PayPal account.
11. Pricing and payment
11.1 Except for manifest errors, the prices of Products will be the ones displayed in each instance on the Website. The Website functions in good faith, always displaying correct Product details.
11.2 Product prices on the Website are displayed in Euros or in the currency of the country where the Customer resides. Prices include taxes and all applicable fees. Shipping costs will be added to Product prices, and will be displayed separately in the Cart.
11.3 The prices include VAT
11.4 Prices can be changed at any time, but any changes will not concern any orders for which an Order Confirmation has already been sent out.
11.5 Should any errors be obvious and unambiguous, and could have been recognised as such by Customers, Paul&Shark is not obliged to charge the Customer with the incorrect (lower) price, also after the Order Confirmation has been sent.
11.6 Products prices included in the order proposal and the related delivery charges will be paid by the Customer through the payment methods provided for each individual country.
11.7 Transactions will be charged to the Customer’s credit card only when:
- Credit card data is verified;
- Credit card authorization to be charged has been granted by the card issuer;
- Product availability has been confirmed by Paul&Shark.
11.8 Paul&Shark is in no way liable for disputes between the customer and the entity that issued the payment instrument (debit card, credit card, digital payments).
12. Written communication
12.1 Applicable laws also disposes that the sending of certain information and communication on the part of Paul&Shark must be done in writing. By using the Website, Customers accept that communication with Paul&Shark will mostly be done by electronic means. The Company will contact Customers per email, or will provide information by posting notices on its Website. For the purposes of the contract, the Customer accepts that communications are made electronically and agrees that all contracts, notices, information and other communications sent to him by Paul&Shark and its partners electronically comply with the written form requirement that may be provided by law. This condition does not affect any legal rights that the Customer has under applicable national legislation.
13.1 All communications to Paul&Shark must be sent through the form in the contact us section or by e-mail to email@example.com. Paul&Shark will answer as soon as possible making reasonable efforts and to the best of its possibilities.
13.2 Paul&Shark may send information to its Customers, using the email and postal addresses provided by Customers when placing the order. It will do so with any of the modalities specified in clause 12. To demonstrate notification of communication it will suffice to prove, in the case of a letter, that said letter was correctly posted, stamped and mailed. In the case of an email, it will suffice to prove that said email was sent to the email address provided by the recipient.
14.Assigned rights and obligations
14.1 The contract between Paul&Shark and its Customer is binding for both parts, as well as for any respective successors and individuals in title.
14.2 Customers cannot transfer, surrender, assign or otherwise write off the contract, or any of their rights or obligations, without Paul&Shark’s prior written consent.
14.3 Paul&Shark can transfer, surrender, assign, subcontract or otherwise write off the contract, or any of their rights or obligations deriving from it, at any time during the duration of the contract.
15. Events out of the control of Paul&Shark
15.1 Paul&Shark will not be imputable or held responsible of any non-performance or delays in performance of contractual obligations caused by events out of its reasonable control (Force Majeure.)
15.2 Force Majeure includes any act, event, circumstance, non-performance, omission or incident beyond Paul&Shark’s reasonable control. In particular, force majeure includes, purely by way of example:
- Strikes, lockouts or any other industrial actions;
- Civil insurrections, uprisings, invasions, terror attacks or terror attack threats, wards (declared or otherwise), war threats or any preparation for armed conflict;
- Fires, explosions, storms, floodings, earthquakes, subsidence, epidemics or any other forms of natural catastrophe;
- Inability to use railways, maritime transport, aircraft, motorised transport or any other public or private means of transportation.
- Inability to use any public or private telecommunication networks;
- Any acts, degrees, legislation, regulation or limitation imposed by a government.
15.3 Performance of any contract on the part of Paul&Shark is suspended for the length of the Force Majeure Event. The period for performance will be extended for an amount of time as long as the length of the Force Majeure Event. Paul&Shark will do all that is within its reasonable powers to stop the event of Force Majeure, or to find a solution that will allow the Company to perform its contractual obligations despite the Force Majeure Event.
16.1 Should Paul&Shark, at any time during the length of time covered by the contract, not insist on the rigorous performance of any obligation binding the Client, whether deriving from the contract or from the General Terms and Conditions of Sale; namely, should Paul&Shark choose to not exercise any of its rights or legal remedies that they are entitled to for contractual reasons, does not constitute Paul&Shark’s waiver of these rights or remedies. It will not exonerate the Customer from having to fulfil its obligations.
16.2 Paul&Shark’s waiver with respect to any non-fulfilment will not constitute a waiver to any future non-fulfilments.
16.3 Paul&Shark’s waiver to any of these General Terms and Conditions of Sale will only apply where the waiver is expressly indicated as such, and subsequently communicated in writing to the Customer, in compliance with clauses 12 and 13.
17. Partial Invalidity
17.1 Should any of these General Terms and Conditions of Sale, or any provisions included in the contract be considered invalid, illicit or inapplicable to any extent by a competent authority, these terms, conditions or provisions will be excluded to this extent from the remaining terms, conditions and provisions, which will instead continue to apply, within the fullest extent permitted by applicable legislation.
18. Indivisibility of the Contract
18.1 These General Terms and Conditions of Sale, and any other document explicitly referred to in them, constitute an indivisible contract between parties, with respect to the object of the contract. They also substitute any previous contract or agreement, written or verbal, between these parties.
18.2 The parties recognise that, when signing the contract, neither of them has relied on any declaration, commitments or promises made by their counterpart, or implicit in what was said or written during the negotiations made before the contract was signed, except for what is explicitly indicated in these General Terms and Conditions of Sale.
18.3 The company cannot be held liable for any false statements regarding products (and/or their characteristics) when these statements are the result of the fraudulent or dilatory intent of third parties. In this case, Paul&Shark will be able to refuse to carry out the order and will inform the customer of this refusal.
19. Right of Paul&Shark to modify these General Terms and Conditions of Sale
19.1 Paul&Shark has the right to review and modify these General Terms and Conditions of Sale on a case by case basis, in order for the Conditions to reflect any changes in the market affecting its activities; any changes in technology; any changes in legislation, in the legal requirements and any alterations to its system capacity.
19.2 Customers will be subjected to the applicable policies and General Terms and Conditions of Sale when placing an order with Paul&Shark. Exceptions will be made should any legislation or government authority impose any changes to these policies or these General Terms and Conditions of Sale, and these changes will also apply to orders previously placed by Customers. In these cases, Paul&Shark will notify Customers about the changes in these policies or of these General Terms and Conditions of Sale before sending a Shipping Confirmation. After doing this, Paul&Shark will have the right to presume that the Customer has accepted any changes in these General Terms and Conditions of Sale, unless the Customer notifies Paul&Shark otherwise within 7 working days after receiving the Products.
20. Royalties and trademarks
20.1 All rights to any content on this Website (text, images, video, voice, programmes etc) belong to DAMA S.p.A, with registered offices in via Piemonte 174, Varese, 21100, Italy; VAT Number 01910560125, registration code in the Varese Companies Register 216056. None of the articles, photos, illustrations etc on this Website can be used without Dama S.p.A. prior written consent.
20.2 All trademarks and service marks used on the Website belong to Dama S.p.A., namely, they are used based on official rights, for instance, by being licensed. Any unauthorised use is strictly forbidden.
21.1 Should any website include a link to Paul&Shark’s Website, the Company might refuse it, depending on the content of the website showing the link, and depending on the method used for this link. Moreover, Paul&Shark offers no guarantees about any contents that its Website might be linked to, and assumes no responsibility for any possible damage suffered by a Website that it connects to through a link.
22. Applicable legislation and jurisdiction
22.1 These General Conditions, and therefore any contracts signed with Customers, are regulated and must be interpreted according to Italian law, (including Law Decree 6 September 2005, n. 206, “Consumer Code”, and specifically Section I, Title II of Part III, as well as Law Decree 9 April 2003, n. 70 “Decree about electronic commerce”.
22.2 Any controversies deriving from the interpretation, validity and/or performance of these General Conditions will be subjected to the compulsory territorial jurisdiction of the Customer’s place of residence or registered address.
The following “General Terms and Conditions of Sale” apply to all orders received and accepted by Dama S.p.A., and they are an integral part of each order, if not derogated from explicitly, within the orders themselves
What are cookies?
Cookies are small text files which can be used by websites to enhance user experience, making it more efficient.
- Facilitating the user’s browsing activity on the website, as well as access to the services offered;
- Avoiding that the user must configure general characteristics at every single Website visit;
- Enabling the improvement of performance and services offered by the Website, as a result of the analysis of data obtained through the installed cookies;
- Promoting commercial, personalized business initiative, based on the choices made by the user.
Types of cookies
There are two kinds of cookies: technical cookies, and profiling cookies, which will be described as follows.
- Technical cookies: some cookies are used for purely technical reasons, in order to make a website more usable, by enabling basic functions such as webpage browsing, and access to protected Website sections. Without these cookies, the Website might not work correctly. Sometimes, cookies are also used which allow websites to remember information related to the way a user behaves, such as preferred language or location of the user. These cookies also help understand the way a user interacts with a website, collecting and sharing aggregated information, without making the user identifiable (analytics). This kind of cookie is also called “technical”. Legislation states that technical cookies can be installed on the user’s device if the user is previously informed of this. Information is being provided with this very document.
- Profiling cookies: all other cookies, including those managed by third parties, are considered to be “profiling cookies”. Cookies used for monitoring and analysing user activity online, in order to improve performance and provide services in a more efficient and personalised manner, are considered part of this category. The purpose of these cookies is to provide the user with relevant and engaging ads. In order to use these cookies, users must express their explicit consent prior to accessing the website: if the user chooses to continue browsing the website after he/she is shown the banner with the relevant information, this will be considered as consent to the installation of profiling cookies.
Distinctions between cookies
Cookies can also belong to the following categories, depending on the characteristics being considered: ownership of the cookie; duration of retainment; purpose of use.
Distinction by ownership of the cookie
- Own cookies: these cookies are sent to the user from a computer or a domain that is managed by the responsible person for the Website, which provides the services requested by the user.
- Third-party cookies: these are sent to the user from a machine or a domain which is not managed by the responsible person for the Website, but rather from another subject, namely, the subject who analyses the data obtained from these cookies.
This information might be used by said third parties to offer advertising which they believe might be interesting for the user, as they are based on the content the user interacted with.
Paul & Shark has no control over these cookies. To disable or reject any third-party cookies, users will have to refer to the websites of those third parties.
Distinction by duration of retainment
- Session cookies: these cookies are designed to collect and store data while the user is browsing a webpage. These cookies are often used in order to store useful information to provide services requested by the user at any time and are automatically erased at the end of the session.
- Persistent cookies: data gets stored in cookies in the user’s device. These can be accessed and used for an amount of time defined by Paul & Shark, which can last from just a few minutes to extended periods of time.
Distinction by purpose of use
- Essential cookies: these allow users to browse the website, and access all its functionalities. Without these cookies, some services might not be provided, and browsing may not be easy, nor efficient.
- Functional cookies: these allow the Website to remember the user’s preferences for the Website, or the services that the user requests, in order to have a more advanced and personalised performance.
- Analysis cookies: these allow us to collect information regarding the users’ usage of the website, (such as most frequently visited pages; recurring patterns in using the Website, etc) in order to improve functionality, and help understand any difficulties that users might encounter while browsing.
- Targeting and advertising cookies: these allow us to show users advertising which might be relevant for them, for instance by limiting the amount of times that the same ad is shown on the Website, as cookies remember what the user has already seen. These cookies also help measure campaign effectiveness. This information might be shared with third parties, such as advertisers, for instance.
We point out that Paul & Shark doesn't have control over third-part cookies.
The management of information collected by Paul & Shark’s main third party suppliers is regulated by the suppliers’ own cookie policies, and/or by their instructions on the disabling of cookies. These instructions are available here.
It is possible and easy to accept, disable and reject cookies, by changing browser settings. It is also possible to personalize browser settings for several websites and apps. Most browsers allow to choose different settings for websites’ own cookies and third-party cookies. We would like to point out that totally or partially disabling technical cookies might have a negative impact on the functionalities reserved to registered users. The total disabling of third-party cookies won't, on the other hand, impact the user’s browsing experience in any way.
For your convenience, please find links here to the webpages of the main browsers that provide information on how to delete cookies:
- Internet explorer
For further information on how to restrict cookie use, visit:
We also remind you that this privacy disclosure is disciplined by European regulation 2016/679 (hereinafter “the Regulation”, in force since 27 April 2016, and updated on 23 May 2018. The Regulation guarantees that the processing of personal data is made in full compliance with laws on fundamental rights and freedom, as well as of the dignity of the individual concerned, particularly regarding confidentiality, personal identity, and protection of personal data.
1. Owner of personal data
DAMA S.p.A is the owner of personal data (Hereinafter, Paul & Shark), with registered office in Via Piemonte 174, 21100 Varese, Italy.
2. Person responsible for personal data protection
Paul & Shark has chosen an individual responsible for data protection. This person can be contacted at this email address firstname.lastname@example.org for any information regarding personal data processing, and to exercise his or her rights, as follows.
It is also possible to make queries regarding privacy by filling in the contact form in the Customer Service contact section, and choosing the relevant section. The form can be found here.
3. Type and purpose of data processing on the Website - Legal basis for Treatment
The Website collects and treats different kinds of personal data, with different purposes and in different ways. More precisely:
(a) Personal data related to web browsing, treated to guarantee Website functionality, as well as for marketing use. Regarding this, we invite you to read our “Cookie Information”, which can be found here.
(b) Personal data voluntarily provided by the user, such as e-mail addresses, personal information, the password provided when filling in the “My Account” registration form or any other type of personal data acquired each time the user interacted with the website, to respond to requests and offer service, assistance and information about products and the world of Paul & Shark;
(c) Personal data provided by the user during the Website registration process; related to the sending of order forms, used to purchase products on the Website’s e-commerce platform, in order to close any e-commerce transactions, and in order to communicate with users for any activities that are functional or instrumental to sales, as well as necessary for any pre-sale and after-sale activities;
(d) With the user’s explicit consent, Paul & Shark will be allowed to utilize the user's personal data for marketing purposes, namely, to send information and product updates, as well as information on sales, promotional campaigns and any events and initiatives promoted by Paul & Shark, to the user (through traditional and electronic tools, such as newsletters, email, sms, MMS and smart messages);
(e) With the user’s explicit consent, Paul & Shark will also be able to process the concerned user’s personal information in order to research patterns and user choices, in order to make products and initiatives more suited to the tastes and needs of its clients.
- The potential consent provided by the user for the purposes listed in points b, c, d and e;
- Paul & Shark’s legitimate interest to provide the Website’s services and to respond to potential client requests, as well as the User’s interest to be able to correctly browse the Website.
As for point 3c, the legal basis for the processing hereby indicated is in the fulfilment of the contract, and in the obligation to fulfil any pre and post contractual obligations. We point out that, on the basis of legitimate interest, Paul & Shark might get in touch with you, in order to offer services and products similar to those you may have already purchased in the past. You will, however, be able to demand that Paul & Shark stops processing your data, at all times. Paul & Shark will comply without undue delay.
We also inform you that our study of user and client behaviour will be carried out using methods that will not be invasive of personal privacy.
4. Source of personal data
Any personal data collected by Paul & Shark is directly provided by the user, when the user registers on the Website, or during the sale process. Browsing data is an exception to this, as mentioned in point 3a.
5. Methods of processing personal data collected by Paul & Shark
Any personal information collected by Paul & Shark will be treated mostly digitally and electronically, while ensuring to set up all the security measures necessary to reduce any risks of destruction or loss (including accidental), of unauthorized access and of processing for which consent has not been granted on the part of the user, or which may not be compliant with the collection purposes indicated in this privacy disclosure. However, these safety measures cannot limit or completely eliminate the risk of unauthorized access or loss of data, due to its online transmission method.
Every purchase made on Paul & Shark’s website is made as safe as possible, thanks to the use of advanced encoding technology methods (SSL).
6. Mandatory or optional nature of providing data
Providing personal data, in particular personal information, email address, postal address, phone number and bank details (in case of bank payments) is compulsory due to contractual and fiscal reasons.
Furthermore, some of this data might be essential for the Website to provide other services, and might be related to sales (for instance, to pre-sale and after-sale services, such as tailoring services, transport services, returns, etc), or to compliance with any obligations derived from laws and regulations (as, for instance, tax compliance and money laundering legislation.) Failing to provide data might, depending on each case, constitute a legitimate and justified reason why Paul & Shark might not fulfil the purchase agreement on the online e-commerce, or providing any services related to it.
According to circumstances, and where necessary, the mandatory or optional nature of data provision will be indicated by the Website’s placing an asterisk (*) next to the information that must be shared, namely, the data necessary for the company to be able to provide services, and make the purchase of any products on its website possible. Failing to provide optional personal data will not cause any obligation, nor any detriment for the user.
7. Types of recipients of personal data
Paul & Shark only shares the personal data of its Website users in compliance with any limits set by the law, and according to the rules hereby indicated.
Personal data will be shared with:
- Any Paul & Shark employees or consultants, who will work as the subjects formally authorised to process data for internal company organisational purposes;
- Companies of the same Group, as entities responsible for the above mentioned processing of data, in order to carry out activities and contractual services, as well as carrying out specific marketing information;
- Companies who perform specific technical and organisational services related to Website functionality, such as logistics, IT services and marketing services, for Paul & Shark.
Personal data wil also be shared with:
- Other third parties, exclusively in order to carry out the purchase agreement of products on the Website (such as, for instance, credit and debit card issuers, to allow the execution of online payments);
Your data will not be shared, and will only be transferred to other countries when there is a guarantee of suitable levels of protection and safeguard of said data, in compliance with the law. The data centres used by Paul & Shark for the storage and processing of the data provided are all located on EU territory.
In order to allow data processing, for contractual and marketing purposes by societies of the same group, data might also be transferred to the relevant countries (which might also be located outside the EU.) Regarding this issue, Paul & Shark has stipulated Standard Contractual Clauses with its subsidiaries outside the EU, in compliance with national and international data protection legislation.
Personal information can also be provided to IT service providers, in order to allow the companies of the Group to access said data. We also point out that, in this regard, Paul & Shark has stipulated the above-mentioned Standard Contractual Clauses in order to protect the personal data being transferred, previously ensuring that these service providers have the necessary safe measures in place, as the entities responsible for the processing of transferred data.
8. Retention period of personal data
The retention period of personal data varies, depending on the purpose for which the data was collected:
- Data collected to carry out any contractual obligation can be retained for the duration of the contract, but not for over 10 years after the fulfilment of the contract;
- Data collected for operational purposes and all purposes connected to these, as well as for accessing the website, can be retained for the duration of the contract, but not for over 10 years after the fulfilment of the contract;
- Data collected for marketing purposes can be retained for 24 months starting from the day that the User expressed consent for the data to be used for this purpose;
- Data collected for marketing and profiling purposes can be retained for 12 months starting from the day that the User expressed consent for the data to be used for this purpose.
Should Paul&Shark become a defendant, act or bring a claim towards them or third parties, it might retain the personal data that it might reasonably consider necessary for these purposes, for the time necessary until said claim can be resolved.
9. Exercise of the data subject's rights
Individuals concerned can exercise their rights in compliance with articles 15-16-17-18-19-20-21 of European regulation 679/2016, by filing a request to the person responsible for handling personal data.