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Sales conditions

The present conditions of sale govern the methods and the conditions of sale of the products marketed by Expand Home Design sas.

Sales conditions

The present conditions of sale govern the methods and the conditions of sale of the products marketed by Expand Home Design sas.

All contracts for the sale of products by Expand Home Design sas are governed by these General Conditions, which form integral and substantial part of each proposal, order and confirmation of purchase order of the products. If you purchase on this site, you accept the following conditions; read them carefully. The conditions of sale applicable to your order are those in force on the date of the order itself and remain visible on the home page of the site at the link "general conditions". If necessary you can save and archive or print them.

1. Site identification

The site www.xpouf.com is the property and ownership of Expand Home Design sas
registered in the Register of Companies of Trento REA TN- 209827 P.IVA 02238110221 cap.soc. 10,000 euros i.v.
Registered and operating office and warehouse: Via Linfano 2 / d-38062 Arco (TN) -Italy,
tel +39 0464 554487 email info@xpouf.com with which the sales contract is concluded through the site itself.

2. How purchase

Buying on www.xpouf.com is easy and fast:

- select the product you wish to purchase by clicking the relevant button: you will be shown a page where you can, if necessary, vary the quantity to be purchased and modify the chosen color;
- at any time you can check the contents of the cart by clicking on the button “Menu Login Cart” placed in the upper bar on the right; if necessary you can make the appropriate changes, both in quantity and type of product;
- now comes the phase of order confirmation: when you’ve decided quantity and type of products to be purchased, method of payment and delivery of goods, click on the button “Confirmation Order”. If you are already a customer, just enter your e-mail address and the password chosen during registration; if you are not yet our customers, fill the form with all your data and proceed to the next phase;
- follow the instructions provided on the following pages until you reach the summary screen of your order; by clicking on the "Confirm the order" button you will send us your order and you will receive an automatic receipt of confirmation. The order will be automatically processed within one / three working days, unless our different follow-up communication

3. Products: prices and characteristics

The prices of the products are indicated in ( €) euros, including VAT. The prices of products published from time to time, cancel and replace the previous ones and are subject to the actual availability of the products. Prices do not include shipping costs which are indicated separately as indicated below.
Product images, labels and product packaging (exclusive property of Expand Home Design sas) are indicative and non-binding and may undergo graphic, color and shape variations. Furthermore, the same are drafted in compliance with Italian law. Therefore, Expand Home Design sas can not be held responsible for the failure conformity of the purchased product with the existing regulations in the state in which the products are purchased.

4. Orders

All purchase orders transmitted to Expand Home Design sas) must be completed in each part by the client and must contain all the elements necessary for the correct identification of the ordered products. Each order transmitted to Expand Home Design sas represents customer contract application and is binding for Expand Home Design sas only if confirmed by acceptance. The fulfillment of the order by Expand Home Design sas is equivalent to confirmation and acceptance of the same.

Expand Home Design sas reserves the right not to accept incomplete or incorrectly completed orders. In case of non-acceptance or execution of the order by Expand Home Design sas (if it is due to unavailability of products ordered by the customer), Expand Home Design sas will inform the customer as soon as possible, reimbursing any amounts already paid for the supply not performed. The customer is not entitled to any compensation or reimbursement whatsoever.

The fiscal documentation (tax receipt) related to the products ordered is issued by Expand Home Design sas at the time of shipping the products to the customer via email. Expand Home Design sas issues the commercial invoice for the products purchased only if the customer requests when ordering

5. Method of payment, shipping and delivery

The payment systems accepted by Expand Home Design sas for shipments to Italy are:
- Advanced Bank transfer
EXPAND HOME DESIGN di Alessandro Comerlati & C.sas
via Linfano 2, 38062 Arco (TN) - ITALY
Banca popolare di Verona
IBAN :IT 70 E 05034 59550 0000 0000 0235
SWIFT: BAPPIT21053
- Credit card
- PayPal. At the end of the order you will be directed to the PayPal login page. You can then conclude the payment directly from your PayPal account.

* Delivery times: the times indicated (relating to working days - from Monday to Friday) are considered starting from the day of shipment, which may not coincide with that of receipt of the order. Normally the products are shipped within 3 working days after the order, but there could be delays due to force majeure especially in the months of August and December.

The products will be delivered to the address indicated by the customer during the order-registration phase, on the street level. The goods travel on behalf of and at the risk of the customer buyer. Expand Home Design sas will therefore not be responsible for any delays or damages deriving from transport, except for possible application of mandatory regulations.

At the time of collection of the product, the customer is in any case required to:
- check that the number of packages corresponds to what is written on the transport documents and to the order;
- In the event that one or more packages are missing, report in the carrier’s form a statement indicating the number of missing packages and have us receive within 5 days of delivery the report via email at info@xpouf.com;
- check that all packages are in no way altered, damaged or wet; in the case of damaged or altered packages, insert the wording "damaged packaging – withdraw with reservation of goods integrity control" in the form of the carrier and let us know within 5 days of delivery the notification via email.
The reports received after the 5 calendar days (non-working days) from delivery will not be taken into consideration and the product will be considered accepted by the customer without reservation. In the event of a rejection of a package by the Customer, Expand Home Design sas will ask the customer for the full amount of shipping costs and the additional cost incurred for the return to the sender of the package, except as indicated in the paragraph "withdrawal".
The shipping costs of products purchased through the site info@xpouf.com are FREE for shipping throughout Italy and at the cost reported from time to time when ordering for the other different countries of destination.

6. Guarantees of products

Expand Home Design sas guarantees the conformity of the products exclusively to the legislation in force in Italy, meaning the contract concluded in Italy and subject to Italian legislation. Therefore, the Customer-Buyer must ascertain before purchase that the ordered products comply with any local legislation other than the Italian one. Expand can not be held responsible for non-compliance of the products with regulations different from the laws in force in Italy.
The guarantee provided is only the Italian legal guarantee and only covers the vices / defects of the products with the exclusions indicated below, for 12 months from delivery and as long as products are used under normal conditions of use and conform to the purpose for which they are intended and to the instructions provided, except for any mandatory provisions where applicable.

Instructions for use and characteristics of the products and EXCLUSIONS FROM THE WARRANTY:

- The products must be used exclusively for the purposes for which they are intended; they do not constitute vices / defects of the products and therefore damages to the products due to a use not in accordance with their purpose do not come under warranty;
- The products are sensitive to water, sunlight, salt and chlorine and may therefore lose their natural color or elasticity with normal use and with washes that do not comply with the instructions; the loss of color of the products therefore does not constitute defect / vice of the product and does not come under warranty;
- The products can be washed with a pressure washer, by hand or in a 30° machine with mild detergents. Any changes to the product, loss of color or other damage due to improper washing do not constitute defects in the product and are not covered by the warranty;
- they must be kept away from heat sources; any damage due to heat sources are therefore not covered by the warranty;
- they are not toys so they should not be treated as such nor should they be trampled on or used by jumping on them or climbing up on them; poufs should also not be used by climbing in more people; the damages due to such uses, therefore, do not come under the warranty as they do not fit the hinges, after 12 months from delivery, as parts of the product subject to normal wear and tear.
- if equipped with padding, over time and with use, they could decrease their elasticity as normally happens with expanded polystyrene or polystyrene (EPS). Therefore, the voltage drop is not a defect and does not come under warranty. In any case, there are special refill kits to use to restore the initial volume of the pouf.
- for outdoor / pool poufs before storing them for the winter, it is advisable to take out the inner bag, dry it in the sun, turning it over itself and shaking it, to avoid moisture and must be kept indoors in case of heavy rains and adverse weather conditions; damages due to the lack of such measures do not constitute defects / faults and do not fall under the warranty;
The product may be damaged by sharp objects such as nails and scissors and with cigarettes or heat sources for which it is good to be careful. Damages to products due to this are not covered by the warranty. In case of defect / vice of the product confirmed by Expand Home Design, the latter will replace the product with the cost for collection and redelivery paid by Expand, unless different mandatory regulations.


7. WITHDRAWAL (ONLY FOR CONSUMER CLIENT)

If the buyer is a consumer, he has the right to withdraw from the order without the need to indicate the reasons and without any penalty within the period of 14 days from the date of delivery of the goods. After this deadline the withdrawal period has expired.
To exercise the right of withdrawal, the buyer must write to Expand Home Design sas at the email address info@xpouf.com indicating the decision to withdraw from the purchase.To comply the withdrawal deadline, it is sufficient for the purchaser to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal time. The withdrawal is excluded for customized products or damaged by the customer.

8. CONSEQUENCES OF WITHDRAWL

If the buyer-consumer withdraws from the present contract, all the payments he has made in our favor will be reimbursed, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the less expensive type standard delivery offered by us). The costs for shipping of the product, object of withdrawal to the sender, are charged to the Consumer. The costs will be reimbursed without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. These refunds will be made using the same payment method used by the buyer for the initial transaction, unless the buyer has expressly agreed otherwise; in any case, no costs will be incurred as a consequence of such reimbursement (the reimbursement may be suspended until receipt of the goods or until the consumer demonstrates that he has sent back the goods, if previous). In any case, in case of exercise of the right of withdrawal, the buyer is asked to return the goods in the same packaging or equivalent packaging at the headquarters Expand Home Design sas without undue delay and in any case within 14 days from the day in which has communicated its withdrawal from this contract. The deadline is met if the buyer sends back the goods before the expiry of the 14-day period. The direct costs of returning the goods will be borne by the buyer. The buyer is responsible for the diminished value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The withdrawal will not be accepted if the returned products will be damaged

9. PRIVACY AND PROCESSING OF PERSONAL DATA

For the purposes of the services referred to in this Agreement, in compliance with the provisions of Legislative Decree no. 196 of 30 June 2003 ("Privacy Code") and, starting from its application, from the GDPR Reg 2016/679, the personal data concerning the Customer (hereinafter "Data") will be used only to implement the contractual obligations connected to the assignment received, as well as to the obligations imposed by the law, by the regulations and the provisions of the competent public authorities and, in case of express consent of the Customer, for the sending of commercial communications. The processing of data is based on the existence of a contractual or statutory obligation arising from and / or related to the assignment conferred by the customer or on the consent of the customer. The Data will be kept in part on paper files and partly on electronic files and will be processed according to methods and with appropriate tools, as far as is reasonable, to guarantee their security and confidentiality. The personal data and / or the employees and collaborators of Expand Home Design sas may become aware of the personal data, as "in charge" of the treatment or as "authorized subjects", as well as the public or private subjects with respect to which the communication of the data is strictly necessary for the pursuit of the aforementioned purposes and where necessary for compliance with a legal or contractual obligation, including, but not limited to, transport / shipping companies, credit institutions, insurance companies, debt collection companies , companies in charge of the management and / or maintenance of the information systems of the Consultants, depending on the case in their role as independent data controllers or external data processors. An updated list of external data processors is available at the Expand Home Design sas office. Customer Personal Data will not be transferred outside the European Union. The Data will be kept for the period of time strictly necessary for the pursuit of the purposes set out in this statement and in any case for the maximum time provided for by the applicable legal provisions on the subject of limitation of rights and / or forfeiture of the action. Further information on the retention period of personal data and the criteria used to determine this period may be requested by writing to Expand Home Design sas at the address indicated below. The Data Controller is Expand Home Design sas to which you can apply to exercise the rights recognized under the privacy legislation (information request, data cancellation, modification, update, etc …)

10. Applicable law and jurisdiction

Any relationship between the parties, these conditions of sale and the products sold are governed, regulated and interpreted exclusively under Italian law, meaning the contract concluded in Italy and subject to Italian law. Furthermore, the Court of Riva del Garda-Rovereto-Trento shall be exclusively competent to know of any dispute, according to its competence, without prejudice to the applicability of any different mandatory provisions of law and of the forum set up for the protection of Consumers.

11. ONLINE RESOLUTION OF CONSUMER DISPUTES

We advise the European consumer who buys through our website or online with our company that can resolve in a non-judicial way any dispute related to and / or deriving from contracts for the sale of goods and services stipulated with our company, through alternative systems Online Dispute Resolution (ODR) as per the link: http://ec.europa.eu/consumers/odr/.
Addressing to these systems, while remaining optional for the consumer, may lead to the resolution of disputes avoiding judicial proceedings. Please note that the ODR contact point in Italy is carried out by the European Consumer Center in Italy (ECC-NET https://www.ecc-netitalia.it/it/).Our company is available to answer any query sent by email to the email address published in the "contacts" section: info@xpouf.com.

12. OTHER GENERAL INFORMATIONS

1. To be able to make purchases through the website of Expand Home Design sas it is necessary to have the ability to act, as required by the law of the Italian Republic and, therefore, have completed the 18th year of age.
2. Expand Home Design sas will not be responsible for any anomalies, interruptions, suspensions of the Internet network, nor for the content of any hypertext sites connected and unauthorized.
3. It is not permitted to publish, send or transmit, in any form, even if partially modified, the content of the site and therefore images, texts, sounds, codes, etc.