PAUL&SHARK TERMS AND 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;
- 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 In order issue a purchase order, the Customer must register on the Wbsite www.paulandshark.com, either as a guest or as a regular 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 The Customer can order a maximum of 5 items per Product, for Products in stock, and 25 items per Purchase Order.
4.5 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. Shipping dates will be established by Paul&Shark according to the delivery companies available in the area where the order must be delivered. The date will change depending on delivery address, type of Product ordered, 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 Any purchased products will be delivered by a delivery company selected by Paul&Shark (hereinafter, the Courier), 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 at https://www.paulandshark.com/contact-us 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 will have the right to terminate the contract. In this case, Paul&Shark is required to reimburse without delay all sums directly related to the execution of the contract in question paid by the Customer.
5.4 When the Courier delivers the Products, 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 Should Customers wish to return a product, they can contact Paul&Shark by using the contact form available here: https://returns.eshopworld.com/pau/Index.
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 will proceed to refund the Customer without delay, 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 Except otherwise explicitly indicated, prices include applicable VAT, but not the applicable shipping costs, which will be added to the total amount due.
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 The prices of Products included in the order proposal, and the relative shipping costs, will be charged to the Customer’s credit card (Visa, Mastercard, American Express, Diners, Maestro) or on PayPal. With regards to credit card payment, the transaction must respect any separate contractual stipulations between the Customer and the card issuer.
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 In case of controversy between Customers and card issuers, regarding commissions or any other obligation related to Customer payments on the Website, Customers will have to resolve any claims with their card issuer.
11.9 When the order proposal is received, no amount will be charged to the credit card, except for any amounts necessary to verify credit card validity. Of course, once the order is received, the above mentioned temporary charge will be cancelled, to be substituted by the actual amount due by the Client. Moreover, if the order is cancelled, the temporary charge will also be cancelled.
11.11 Should it be impossible for Paul&Shark to charge the amount due by the Customer within the prescribed time frame, the contract will not be confirmed, and the order will be cancelled.
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, Customers accept that all communication will happen by electronic means, and recognise that all contracts, notices, information and any other communication sent by electronic means by Paul&Shark satisfy any legal requirement for written communication. This condition does not affect any legal rights that the Customer has under applicable national legislation.
13.1 Any Customer communication with Paul&Shark must be sent to the following address: email@example.com. Paul&Shark will respond to any queries as soon as possible and within a reasonable time frame, to the best of its abilities.
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