Terms and conditions of sale

These are the Terms and Conditions of Sale govern the offer and sale of products on our website (“www.porscia.com”). Please read these terms and conditions carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. The products purchased on www.porscia.com are directly sold by PORSCIA GROUP (hereinafter referred to as "the Vendor" or "We" or "Us"). PORSCIA GROUP has its registered office at Via Montenapoleone 8, 20121, Milan, Italy, business type number 464950, tax code and VAT number 03722560541.

If you need any assistance, go to the Customer Care area.

 

1. Our Business Policy

1.1

The Vendor offers products for sale on www.porscia.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".

 

1.2

"Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on  www.porscia.com.

 

1.3

The Vendor reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with the Vendor's business policy.

 

1.4

These Terms and Conditions of Sale (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products on www.porscia.com between the users of www.porscia.com and the Vendor.

 

1.5

The Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on www.porscia.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of www.porscia.com and third parties.

 

2. How to Execute a Contract with the Vendor

2.1

To place an order for the purchase of one or more products on www.porscia.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.

 

2.2

The order form contains a summary of these Terms and Conditions of Sale, information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the terms and conditions for returning purchased products.

 

2.3

An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.

 

2.4

Before submitting your order form for the purchase of products, you will be asked to carefully read the Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.

 

2.5

The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Order.

 

2.6

Before submitting the order form, you will be asked to identify and correct possible input errors.

 

2.7

English is the language used for executing contracts with the Vendor.

 

2.8

After your order form has been submitted, the Vendor will process your order.

 

2.9

The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on www.porscia.com are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor has received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.

 

2.10

By submitting an order form to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these Terms and Conditions of Sale. Should you not agree with certain provisions of these Terms and Conditions of Sale, please do not submit your order form for the purchase of products on www.porscia.com.

 

2.11

By submitting an order form, you agree and accept these Terms and Conditions of Sale as well as further conditions contained on www.porscia.com, even through links, including the Privacy Policy.

 

2.12

Upon submission of an order form, the Vendor shall send you a purchase order receipt email, containing a summary of the information related to the order form (Terms and Conditions of Sale, the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).

 

3. Guarantees and Product Price Indication

3.1

On www.porscia.com, we only offer products marked with the “PORSCIA YEGANEH®" trademark. These products are purchased by us directly from the manufacturer authorised by the fashion house.

 

3.2

The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.

 

3.3

The main characteristics of products are shown on www.porscia.com on each product page. The products offered for sale on www.porscia.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.

 

3.4

Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.

 

3.5

Prices displayed on the www.porscia.com website are quoted in Euro - EUR. While we try to ensure that all prices on our website are accurate, errors may occur.

 

3.6

Orders made from a Country site different from the one you are shipping to, or to addresses to which the Vendor cannot ship, will be automatically cancelled.

 

3.7

All Products sold by www.porscia.com come with an identification tag attached with a seal. When trying on the products you should not remove or alter the tag or seal from the purchased products should you wish to return the purchased product.

 

3.8

As a Consumer (as defined at section 1.2 above), you are entitled to various statutory warranties including a warranty that the products supplied to you conform with your contract with us.

 

3.9

In case of lack of conformity, you may choose between the repair or replacement of the product by contacting our Customer Care. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.

 

4. Payments

4.1

Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.

 

4.2

In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.

 

5. Shipping and Delivery of the Products

 

For specific product shipping and delivery see the dedicated area. Please read these sections carefully. The information provided in these sections forms an integral part of these Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.

 

6. Customer Care

Please contact our Customer Care at info@porscia.com for further information.

 

7. Consumer Rights and the Cooling-Off Period

7.1

If you are a Consumer, you may cancel your contract with the Vendor in relation to products purchased from www.porscia.com, without any penalty and without specifying the reason, by notifying the Vendor in writing within thirty (30) days of the date on which the products were purchased on www.porscia.com. In this case you will receive a full refund of the price of the products including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses) in accordance with this Clause 8 and Clause 10 below.

 

7.2

You should return the products to the Vendor within fourteen (14) calendar days from the date you notify the Vendor of the cancellation, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

 

7.3

To return the products:

 

You should notify us in writing within thirty (30) calendar days by completing and submitting the online Return Form, or by Contacting Us. You should keep a record of your cancellation notice;

The products should not have been used, worn, washed or damaged;

The identification tag should still be attached to the products with the seal;

The products should be returned in their original packaging;

Products should be returned to the Vendor within fourteen (14) calendar days of the date you notify us of your decision to cancel.

 

7.4

If you cancel the contract within the thirty (30) calendar days cooling-off period pursuant to this Clause 7, we will process the refund due to you as soon as possible and, in any event within:

 

Where we collect the products from you through our approved courier, fourteen (14) calendar days of the day on which you gave notice of your cancellation; or

Where you return the products yourself, fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time.

 

The Vendor will refund the price of the product in full, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses). You will be responsible for the cost of returning the products to us, provided that the reason for the return is not because of an error on our part or because the item is faulty or defective. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.

 

7.5

You can return the products to the Vendor either by:

 

The approved courier (as indicated on the online Return Form) via the pre-paid, personalised return label enclosed in you original order, and the Vendor shall deduct from your refund the cost of return postage; or

By packaging the relevant products securely and sending them, at your own risk and cost, to the Vendor using your return number (as provided via the online Return Form). For your protection, we recommend that you use a courier service if you choose to return the goods other than via the pre-paid mechanism and approved courier as detailed.

 

7.6

The cancellation right set out in this section does not apply to: (a) sealed products unsealed by you following delivery, where return of such products is unsuitable due to health protection or hygiene reasons; (b) products which are made to your specifications or clearly personalized; or (c) products which have become inseparably mixed with other items after delivery.

 

8. Items returned because they are damaged, defective or incorrect

8.1

If you are returning a product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us (either via a pre-paid return label using the Vendor's approved courier, as indicated on the Return Form, or by refunding your return postage costs). This right is additional to your statutory right to cancel as set out in section 8.

 

8.2

You must notify the Vendor of an error in respect of the products delivered or of a damaged or defective product within thirty (30) days of receipt, if a product becomes faulty after the thirty (30) days please contact Customer Care to obtain further returns information. You must return the products in the same condition in which you received them. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

 

8.3

To return the products:

 

You should notify us in writing as soon as practicable and in any event within thirty (30) working days, by completing and submitting the online Return Form. You should keep a record of your cancellation notice;

The products should not have been used, worn, washed or damaged;

The identification tag should still be attached to the products with the disposable seal;

The products should be returned, complete and unused, with their original packaging;

The products should be returned to the Vendor within seven (7) working days following notification to the Vendor of the damaged or defective product or of the Vendor's error.

 

8.4

The Vendor will examine all products returned as damaged or defective and will notify you of your refund via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any event, within thirty (30) days of the day we confirm to you via email that you are entitled to a refund for the damaged or defective product. Subject to acceptance by the Vendor of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to the Vendor. In the event that the Vendor finds no fault with the returned products, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you. If you do not accept re-delivery the Vendor reserve the right to retain the products and the purchase price and recover the Vendor's fees and expenses from you.

 

8.5

If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.

 

8.6

The value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest losses.

 

8.7

We will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise.

 

8.8

The Vendor will refund the price of the products in accordance with the applicable time frame as specified in clause 7 or 8 above. To the extent permitted by applicable law, the Vendor shall not be responsible for any delay that is beyond its control including for delays caused by the method of purchase or refund, including by way of example:

 

Delay caused by Credit Card/Debit Card companies refund policies;

Payment made by cash on delivery: you will be refunded the amount you paid for the products returned to the Bank account you indicate in the Return Form. Please remember it is necessary to have a Bank account in order to receive a refund for Cash on Delivery orders.

 

9. Privacy

You will find information on how we process your personal data by clicking on Privacy Policy.

 

10. Governing Law

These Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.

Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr.

 

11. Amendments and updates

The Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new Terms and Conditions of Sale shall be effective as of the date of publication on  www.porscia.com.

 

PRIVACY POLICY

 

PORSCIA GROUP, company number 03722560541, with registered address at Via Montenapoleone 8, 20121, Milan, Italy, takes your data protection rights and our legal obligations seriously. This Privacy Policy ("Policy") describes how we use your personal data collected via www.porscia.com/PrivacyPolicy ("Website") and by other means (e.g., via social media, cookies, etc.). Please read this Policy carefully.

 

1. Personal Data We May Collect About You

 

We will collect various types of personal data about you for the purposes described in this Policy, including:

 

Contact information (such as your name, birthday, nationality, email address, postal address, telephone number and any other personal data) that you provide by completing forms on the Website, including if you subscribe to our newsletter and register and create an account on the Website;

Details of any transactions made by you;

Personal data that may be contained in communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Website or its content;

Information from surveys that we may, from time to time, conduct on the Website for research purposes, if you choose to respond to, or participate in, them;

Credit/debit card information; and Personal information collected from third parties, such as data that you agree to share with us on publicly accessible social networks (e.g., Facebook, Instagram, etc.) and/or that we may collect from other publicly accessible databases.

You are under no obligation to provide any such information. Providing your personal data to us (in particular, your personal details, your email, your address, your credit/debit card numbers and bank code and your telephone number) is necessary for processing your order for the purchase of products on the Website, supplying other services provided on the Website upon your request, or when your personal data is needed to fulfill obligations required by law or regulations. The refusal to provide us any personal data necessary for performing the above purposes may consequently prevent us from processing your order for the purchase of products sold on the Website or fulfilling obligations required by law and other regulations. Therefore, failure to provide personal data may constitute, in some cases, a legitimate and justified reason for not processing your order for the purchase of products sold on the Website or not providing the Website’s services.

 

Disclosure of further personal data to us other than that required for fulfilling legal or contractual obligations and to properly browse our services with necessary traffic data is, on the contrary, optional and does not have any effect on the use of the Website and of its services or on the purchase of products on the Website. We will inform you at every step whether disclosing your personal data to us is required or optional by marking with an appropriate symbol (*) the information that is required or data needed for the purchase of products and/or for the provision of requested services on the Website.

 

2. Minimum Age

 

We will not knowingly collect or use personal data from anyone under the age of sixteen (16) years, or any other age limit sets out by the law of his/her country of residence. By registering on the Website, you confirm that you have reached the age of majority in your country of residence.

 

3. Use Made of Your Personal Data

 

Whenever we process your personal data, we do so on the basis of a lawful "justification" (or legal basis) for processing. In the majority of cases, the processing of your personal data will be justified on one of the following bases:

 

Processing is necessary to perform a contract with you or take steps that you have requested in order to enter into a contract (e.g., sale contract);

Processing is necessary for us to comply with a legal obligation;

Processing is in our legitimate interests as a business, and our interests are not overridden by your interests, fundamental rights or freedoms. Our legitimate interests may include our interest in using customer and Website user personal data to conduct and develop our business activities (including by carrying out standard marketing activities), with current and potential customers and Website users; and in establishing, exercising or defending legal claims; or

Processing is based on your prior explicit consent, such as segmented and customized marketing activities.

 

4. Disclosure of Your Personal Data

 

We may disclose your personal data to any of our affiliate companies, or to our service providers who assist us in providing the services we offer, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in performing other tasks, from time to time.

 

Your personal data will be accessible by authorized personnel of PORSCIA GROUP and affiliated companies, and service providers acting on our behalf on a need-to-know basis. Transfer of your personal data from your country of residence to third countries where we operate, such as Italy, will be involved; some of these countries are subject to a data protection adequacy decision of the European Commission, whereas others are not, such as the US. To ensure the protection of your personal data is consistent with applicable law, such transfers outside your country of residence or the EEA will be made pursuant to the EU Model Clauses, the EU-US or CH-US Privacy Shield certification, Binding Corporate Rules or other acceptable legal mechanisms of which you can request a copy by contacting our Customer Care.

 

We may also share your personal data with third parties in connection with potential or actual sale or restructuring of our company or any of our assets, or those of any associated company, in which case personal data held by us about our users may be one of the transferred assets.

 

We will also respond to requests for personal data where required to do so by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on us.

 

5. Security

 

We place great importance on the security of all personal data associated with our users. We have adopted security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access. For the best possible protection of your personal data outside the limits of our control, your device should be protected (such as by updated antivirus systems) and your internet service provider should take appropriate measures for the security of network data transmission (such as, for example, firewalls and anti-spam filtering).

 

While we take reasonable steps to protect your personal data, we cannot guarantee that the personal data you disclose to us will be 100% secure, nor that any data breach will not occur.

 

You accept the inherent security implications of dealing on-line over the Internet and will not hold PORSCIA GROUP or their processors responsible for any data breach unless it is due to our negligence.

 

6. Retention of Your Personal Data

 

Our general approach is to retain your personal data only for as long as required to fulfill the purposes for which it was collected. We generally retain your personal data for three years from the end of our relationship or from the last contact from you, unless local law requires otherwise. However, in some circumstances we may retain personal data for longer periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements.

 

In specific circumstances we may also retain your personal data for longer periods of time corresponding to the applicable statute of limitations so that we have an accurate record of your dealings with us in the event of any complaints or challenges.

 

7. Your Rights

 

You have the following rights with respect to your personal data:

 

Right to withdraw consent - where applicable, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change your settings in your account on the Website, use the 'unsubscribe' link provided in our emails, or otherwise contact us directly and we will stop sending you communications.

Right of access, rectification and erasure - you have the right to request access to and obtain a copy of any of your personal data that we may hold, to request correction of any inaccurate data relating to you and to request the deletion of your personal data under certain circumstances. You can see and update most of this data yourself online, or by contacting directly our Customer Care.

Right of data portability - Under certain conditions, you have the right to receive all such personal data which you have provided to us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.

Right to restriction of processing - you have the right to restrict our processing of your personal data where:

You contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy;

The processing is unlawful but you do not want us to erase the data;

We no longer need your personal data for the purposes of the processing, but you require such data for the establishment, exercise or defence of legal claims; or

You have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether we have overriding compelling legitimate grounds to continue processing.

Where personal data is subject to restriction in this way, we will only process it with your consent or for the establishment, exercise or defence of legal claims.

 

Right to object to processing justified on legitimate interest grounds - where we are relying upon legitimate interest to process personal data, then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a justification for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.

Right to object to processing for marketing purposes - where we process personal data for direct marketing purposes, then you have the right to object to that processing at any time.

You also have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data infringes applicable law.

 

For further information regarding your rights, to exercise any of your rights, or if you have any complaints or questions regarding the processing of your personal data please contact our Customer Care.

 

Please note that we may request proof of identity, and we reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We will endeavour to respond to your request as soon as possible and in any case within the applicable timeframes.

 

8. Changes to this Policy

 

We may occasionally change this Policy, for example, to comply with new requirements imposed by the applicable laws or technical requirements. We will post the updated Policy on the Website. We may also notify you in case of material changes and seek your consent to those changes, where required by applicable law. You are thus encouraged to periodically review this page.