Terms & Conditions

Terms and Conditions

These Terms and Conditions govern the use of the Italpouf online store at italpouf.ie and the sale of goods to customers in Ireland. Nothing in these Terms affects your mandatory statutory rights as a consumer under Irish and EU law, which cannot be excluded or limited.

Definitions

The following definitions are used in these Terms and Conditions:

Seller / ITALPOUF – Personeo Sp. z o.o., with its registered office at ul. Armii Krajowej 7/17, 33-300 Nowy Sącz, Poland, entered in the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division, under number KRS 0000537746, REGON 360727559, EU VAT number PL7343529933, share capital PLN 60,000, trading under the Italpouf brand at italpouf.ie.
Store – the online store operated by the Seller at italpouf.ie.
Customer – a person purchasing goods in the Store; a Consumer is a natural person acting wholly or mainly outside their trade, business, craft or profession.
Goods – all products offered for sale by the Seller in the Store.
Sales contract – a distance contract concluded between the Customer and the Seller for the sale of Goods.
Consumer law – in particular the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013), the Consumer Rights Act 2022 and the European Communities (Directive 2000/31/EC) Regulations 2003 (S.I. No. 68 of 2003).

I. General Provisions

These Terms are addressed to all customers of the Store. They define the rules for using the Store, placing orders and concluding Sales Contracts. Each Customer can access these Terms at any time on this page.
The Store is operated by the Seller and enables the purchase of Goods over the internet at italpouf.ie.
Information about products in the Store, including descriptions and prices, constitutes an invitation to treat and not a binding offer.
The Goods in the Store are described in detail. The Customer has access to information on the properties of the Goods, their prices and the materials from which they are made.
Photos and presentations of the offered Goods are illustrative and serve to present specific models.

II. Rules for using the Store

The Store allows you to purchase the Goods offered in it over the internet.
The Sales Contract is concluded between the Customer and the Seller.
A condition for using the Store is reading and accepting these Terms.
The Customer agrees to:

a) not provide or transmit content prohibited by law;

b) use the Store in a way that does not interfere with its functioning;

c) not send unsolicited commercial information through the Store;

d) use the Store in a way that is not inconvenient for other Customers or the Store administrator;

e) use content posted on the Store for personal use;

f) use the Store in accordance with applicable law and these Terms.

III. Conclusion of the Sales Contract

To conclude a Sales Contract, an order must be placed on the Store website.
Customers can place orders around the clock, every day of the week. Orders placed on non-working days are processed on the first working day following the order.
The Customer can place an order without permanently registering their data in the Store (shopping without registration).
A condition for placing an order is providing, in the form on the website, the Customer's details necessary to deliver the Goods and to issue an invoice.
To place an order, select the Goods from the available offer, including colour, size and quantity, and add them to the "Basket".
Before confirming the order, the Customer can review and amend the contents of the order, the delivery details and the invoicing details. The total price, including all taxes and delivery charges, is displayed before the order is placed.
Placing the order (by confirming it after selecting payment) constitutes the Customer's offer to the Seller to conclude a Sales Contract under these Terms, and entails an obligation to pay.
After placing the order, the Customer receives, by email, confirmation containing details of the items, quantities, order value, the selected delivery and payment method and the Customer's contact details. This message confirms that the Seller has received the order.
The Customer then receives confirmation that the order has been accepted for processing, sent by email. Upon receipt of that confirmation, the Sales Contract is concluded.
The Customer has the right to cancel the order before receiving confirmation that it has been accepted for processing, by contacting the Seller by email without delay.
The Store reserves the right to refuse to process an order if the Customer's contact details are inaccurate, if the payment transaction has not been authorised, or if payment has not been made within the time specified.

IV. Delivery and collection

Goods are delivered to the address indicated by the Customer in Ireland by courier (DHL / GLS). Delivery charges are shown during the ordering process. Once an order is dispatched, estimated delivery within Ireland is usually 2–5 business days. In all cases, and unless otherwise agreed, the Seller will deliver the Goods without undue delay and no later than 30 days from conclusion of the Sales Contract, in accordance with S.I. No. 484 of 2013. If the Customer chooses payment by prepayment, processing of the order may begin once the payment is credited.
Responsibility (risk) for the Goods passes to the Customer when the Customer, or a third party nominated by the Customer (other than the carrier), takes physical possession of the Goods, in accordance with the Consumer Rights Act 2022.

V. Sales, prices and payment

The price of each item is shown on the Store website. The price binds the parties from the moment the Customer receives confirmation that the order has been accepted for processing and will not change after that, regardless of later price changes in the Store.
Prices of Goods in the Store are gross prices shown in euro (EUR) and include Irish VAT at 23% (charged under the EU One-Stop-Shop scheme). The total price payable, including delivery, is shown before the order is placed.
The Customer chooses the payment method from those available at checkout (for example secure card payment via our payment provider, or bank transfer). If the Customer chooses prepayment and the payment is not received within 7 days of placing the order, the order may be cancelled. The Customer may then place a new order or choose a different payment method. Processing of an order paid by transfer or card begins once payment is received.
The Seller reserves the right to change prices, introduce new Goods, and run or cancel promotional campaigns. Such changes do not affect orders for which a Sales Contract was already concluded before the change.
If Goods purchased by the Customer are discounted within 14 days of conclusion of the Sales Contract, the Customer may request a refund of the difference between the price paid and the discounted price by emailing [email protected] with their name, the name and price of the Goods, and the order date.
Card payments are processed by our secure third-party payment provider. Payment details are entered directly with the payment provider and are not stored by the Seller.

VI. Statutory rights, warranty, complaints and returns

All Goods offered in the Store are new and original. Photos are illustrative. Products made to the Customer's individual specifications or clearly personalised (tailor-made / custom colour, size, fabric or print) are excluded from the right of cancellation under Regulation 13(2) of S.I. No. 484 of 2013.
Statutory rights (Consumer Rights Act 2022). The Seller must supply Goods that are of acceptable quality, fit for purpose and as described. If they are not, the Consumer is entitled to remedies which may include repair, replacement, price reduction or refund, including a short-term right to reject within 30 days and rights for up to 6 years. These statutory rights are free and cannot be excluded.
Right to cancel (cooling-off). A Consumer has the right to withdraw from the Sales Contract without giving any reason within 14 days from the day they (or a nominated third party other than the carrier) take physical possession of the Goods, in accordance with S.I. No. 484 of 2013. To cancel, the Consumer must inform the Seller by a clear statement (email or the model cancellation form). After notifying cancellation, the Consumer has a further 14 days to return the Goods. The Goods should be returned unused, clean and complete. The Seller will refund the amount paid using the same means of payment, no later than 14 days after being informed of the cancellation; the Seller may withhold the refund until the Goods are received back or proof of return is provided. The cost of returning the Goods is borne by the Consumer. Full details and the return address are on our Product Return Policy page.
Complaints. A complaint about faulty or damaged Goods can be submitted via the contact form or by email to [email protected], with the order number, a description of the problem and photos. Goods may be returned by courier to: Personeo Sp. z o.o., ul. Wielopole 1, 33-311 Wielopole, Poland, with the note "Complaint ITALPOUF.IE". The Customer will be informed how the complaint has been handled within 14 days of the Seller receiving the returned Goods.
Made-to-order / personalised Goods are not subject to the 14-day change-of-mind cancellation right, but the statutory rights for faulty goods under the Consumer Rights Act 2022 still apply.

VII. Newsletter

The Newsletter is a free service informing Customers about promotions, news and collections, sent periodically by email.
The Customer subscribes by providing their email address and giving consent in the relevant form (checkbox). Consent covers the processing of the email address for marketing purposes and receiving commercial information by email.
The Seller, as data controller, protects personal data in accordance with the GDPR and the Data Protection Act 2018. See our Privacy Policy.
The Customer can unsubscribe at any time using the link at the bottom of each email.

VIII. Other provisions

The Store is owned and operated by Personeo Sp. z o.o., with its registered office at ul. Armii Krajowej 7/17, 33-300 Nowy Sącz, Poland, KRS 0000537746, REGON 360727559, EU VAT PL7343529933, share capital PLN 60,000.
Personal data provided by the Customer is processed for the purpose of fulfilling the order and, with consent, for marketing. The Customer has the rights of access, rectification, erasure, restriction, portability and objection, as set out in the Privacy Policy.
By placing an order, the Customer agrees to use the Store in accordance with these Terms as in force on the day of the order.
Governing law. The Sales Contract is governed by the law applicable to distance sales by the Seller; however, as a Consumer habitually resident in Ireland you also retain the protection of the mandatory consumer-law provisions of Irish law (in accordance with Article 6 of Regulation (EC) No 593/2008 — "Rome I"). Your mandatory statutory rights cannot be waived or excluded.
In matters not covered by these Terms, the applicable consumer-protection legislation shall apply.
Dispute resolution. If you have a complaint, please contact us first so we can try to resolve it. If a dispute cannot be resolved, a Consumer in Ireland may seek assistance from the Competition and Consumer Protection Commission (CCPC) at ccpc.ie, or, for cross-border EU purchases, from the European Consumer Centre (ECC) Ireland at eccireland.ie. Cross-border claims may also be pursued through the European Small Claims Procedure. The courts of competent jurisdiction under applicable law are available to resolve disputes.
The Seller reserves the right to amend these Terms. Amendments take effect when published on the Store website and do not affect rights acquired by Customers under contracts already concluded.
The Seller reserves the right to change prices and product availability, withdraw or introduce products, and run or withdraw promotional campaigns.
The Seller takes steps to ensure the proper functioning of the Store and will promptly address any irregularities reported by Customers. The Seller is not responsible for disruptions caused by failures of the internet network.
Any malfunction or interruption in the functioning of the Store should be reported by email or via the contact form.
All photos, publications and texts available in the Store are protected by copyright. Graphics, logos, buttons and images, and their compilations, owned by the Seller or its suppliers, are also protected. Unlawful copying, reproduction or distribution of any content from the Store is prohibited.
Personal data processed on the website is used to contact the Customer, maintain the customer account, fulfil orders and answer enquiries, on the basis of consent and performance of a contract (Article 6(1)(a) and (b) GDPR).