General Conditions

GENERAL INFORMATION AND TERMS ON USE OF WEBSITE

Welcome to the official site of “shop online” of EVOLVE  SRL (http://www.polediffusion.com).
Offers and sales of the items presented on the site are regulated by the General Sales Conditions. The purchasing of the products on this site assumes that the customer /user has already fully read and accepted all the terms therein stipulated on the underlying contract. Should there be any disagreement on any of the terms therein stipulated, the user is kindly requested not to go ahead with the purchasing of the products.
The products that are purchased on this site are directly sold by EVOLVE SRL, legal head-office in Italy, c/o Villa Miliani, Fraz. Cancelli 128 60044 Fabriano (ANCONA), Tax Registration number and VAT Registration number 01223310424, Reg. Impr. Ancona 19082 share capital. € 300.000,00 i.v., as from here nominated SELLER.
Should you have any queries as to the purchase-procedure or to the products on sale or should there be any suggestions, the Customer service may be contacted in any moment at the following email address:  info@polediffusion.com or you may write to:  EVOLVE SRL, Fraz. Cancelli 128, 60044 Fabriano (ANCONA)  to the Attention of the E-Commerce Office or telephone +39- 0732-3883, or send a  Fax to +39- 0732-3884.
The General Sales Conditions could undergo modifications which will promptly be communicated under the section called “Terms and Conditions”; we fully suggest the user to consult this section before proceeding onto any operation.
The contents present on this website are owned by EVOLVE SRL and any full or partial reproduction, is strictly forbidden unless otherwise permitted by EVOLVE SRL.
EVOLVE SRL is the exclusive owner of the registered logos and brand-names BREMA and BREMA MENICHETTI, the other brands present on the website are owned by the respective proprietors and are present on the site for the sole purpose of being commercialized and advertised by EVOLVE SRL. The reproduction or the non-authorized use of the a.m. brands may be  indictable to prosecution.
Should there be any links or other websites that cannot be conducted to EVOLVE SRL, the company may not be held responsible for any of the contents therein present, even as far as the elaboration of personal data and policy on privacy that has been adopted by the company.
Should the user wish to create links to the site http://www.polediffusion.com in other websites, the user is kindly requested to contact EVOLVE SRL to obtain consensus. EVOLVE SRL withholds the faculty to oppose any eventual publication should the contents of the website not be in line with the requirements of EVOLVE SRL.
EVOLVE SRL is in no position to censure the user that the website work uninterruptedly without problems. Should the customer have problems while surfing on the site, he is kindly requested to inform the Seller who will be at his complete disposal till the service has been restored back to normal working conditions. During Updates/Modifications the service could undergo temporary interruptions.

GENERAL SALES CONDITIONS
 

1.COMMERCIAL POLICY

1.1) The Seller pledges to sell exclusively to the Consumer that according to Art.18 stipulated in the Consumers Code is  “any physical person that carries on commercial activities object of the underlying title, who acts for purposes other than those strictly pertaining to the activity of the entrepreneur or other professional activity carried on”.
Should the Customer not fit in under the category of the a.m. description of the Consumer, he is kindly requested not to proceed with making offers or purchasing items on this site.
1.2) EVOLVE SRL withholds the faculty not to carry out orders received by the Customer that cannot be defined as such as aforementioned, as in the case of any other user that does not fully fit into this category and that does not respect the commercial policy carried on by the seller.
1.3) The terms of the underlying contract solely refer to  the acquisition of orders and the selling of the products present on the site. The purchasing of the items is granted only to adults over the age of 18.
1.4) The General Sales Conditions go to regulate the products that have been put on sale by EVOLVE SRL and does not include other services or sales present on the internet under the form of link, banner or hyperlinks. Referring to conditions and terms practiced by third-party sellers, EVOLVE SRL declines any responsibility for purchases made from other retailers.
 

2.USING THE WEBSITE

2.1 ) In order to proceed with the purchasing of the goods, it is deemed necessary to register on the site, fill the format entirely and send it off to the seller by computer. The information marked by an asterisk is “compulsory” and necessary when placing the order. Before supplying personal data, the Customer is kindly requested to consult the information Privacy/Policy.
2.2) By creating his/her account the customer logs in and chooses a  Password he/she will have to memorize, which will enable him/her to monitor the status of the order and proceed with eventual further purchases.
2.3) The customer may purchase the items on the site selecting the quantity, size and colour introducing them in the “trolley. “ To end off the customer is required to click on “proceed with the order” so that the order may be sent off to the Seller. The registered Customer will be provided with authenticated data supplied during his/her registration, on the contrary he/she may be required to subscribe. The Customer is required to check that the order is correct, and subsequently choose the terms of payment (see chapter on Terms of Payment).
2.4) The order provides a description of the purchased goods, the price (inclusive of VAT), chosen terms of payment and the total amount of the dispatch. For information relating to return of goods, the Customer is required to consult the section “Customer Service”.
2.5) Should an item be missing, does not grant the right to cancel the entire order.
2.6) The order may be considered confirmed the moment the Customer receives the Order Confirmation from the Seller on his computer. The Confirmation will comprise of a recap of the order with specific references made to the dispatch of the goods. Furthermore it shall contain the “Number of the order”, and other information that must be kept should one wish to return the goods.
2.7) The information relating to the order will be stored on the Seller’s database until the order has been carried out. In order to have further information relating to the status of the order, the Customer may have access to the private area on the website or may directly contact Customer Service (info@polediffusion.com)

3.TERMS OF PAYMENT

3.1) The Customer is required to ensure that he/she is enabled to use the credit-card or Paypal that he/she shall use in making the purchases; and that the funds be available and sufficient to cover the payment of eventual purchases to be made.
3.2) The order-sheet shall have a brief description of the goods that have been purchased, the different possible terms of payment, the terms of dispatch and delivery. On sending the order, the Customer shall declare having carefully examined the General Conditions of Sale and having accepted them entirely.
3.3) The sales-transaction may be said to have been finalized the moment the Seller will have informed the Customer by email that the order has been accepted. The Customer is required to check that the data therein included is correct. Should the Buyer not receive the Confirmation of the order within the time-limits, the order is to be considered cancelled and not valid.
3.4) The Customer may select one of the various terms of payment suggested: credit-card, paypal.
3.5) The payment by credit-card may only be done via a secure and safe server. Confidential data relating to the Credit-card directly elaborated by the bank that manages all the financial transactions shall pledge not to disclose such data to third-parties. As far as the law on Privacy is concerned,  EVOLVE SRL pledges not to withhold or memorize any/no confidential data relating to the Credit-card.
3.6) The main principle credit-cards comprising the pre-paid and rechargeable ones have been accepted for purchase-payments are: VISA, VISA ELECTRON, MASTERCARD, PAYPAL. Payment with Paypal is possible without having a Paypal account.
3.7) Purchasing and paying by Credit-card is the quickest and safest way which reduces any risk of unauthorized access to and decoding of confidential data of the Credit-card. Once the order has been received, the Seller shall hence proceed with the pre-authorization on the credit-card to ensure that there are sufficient funds to cover the payment of the purchases. The total amount will be charged as soon as the goods will have been dispatched. Should the Buyer choose to pay by Paypal, the total amount will be charged the moment the Customer will have confirmed the order.
3.8) The credit-card will undergo a check by the issuing institution. Should the non-authorization for the payment of the goods be forbidden, the Seller shall not be held in any way responsible for any delays or cancellation of the order.
3.9)The Customer shall choose a different address other than the one that has been indicated on the invoice for the delivery of the goods. Payments may be visualized on the statement of account with the wording: EVOLVE SRL the company that runs the website. 

 4.GUARANTEE

4.1) The Seller shall exhibit on the website those items which have been carefully selected, that have passed strict quality-control tests, possessing the same features of other products that are sold through different distribution channels. We hereby confirm their authenticity.
4.2) The features of the products that are sold shall be set out in detail on the order, the items on the pictures may look different in reality-this does not depend on the company. The pictures may undergo variations on the basic colour on the browser and depending on the monitor that is being used.
4.3) All products on sale are governed by a guarantee covering any faults in production (lasting 24 months)  as in compliance with Art. 128 and according to Code on Consumer.
4.4) The  guarantee may be applied solely to products that have a receipt/pay-slip/invoice and only if they have been used correctly.
4.5) The Seller shall pledge to replace, repair the product that may have any fault. Should this not be feasible, the Customer shall hence receive a refund on the total amount paid  on the purchased goods except for the possible transport-expenses for the return of the goods.
 

5.  PRICE AND DISPATCH OF GOOD

5.1) The price of the goods is intended in Euros (€) and in Pounds ($) and is in accordance to the price declared on the Internet together with the pictures of the item and the same price shall be written on the invoice. Within the European Union the prices are always intended inclusive of VAT. Transport expenses shall be added to the total amount and shall hence be listed on invoice. Before proceeding with the purchase of the goods, the Customer is kindly requested to carefully examine all the transport costs.
5.2) The price of the products and entire transport costs from the warehouse to the moment the goods are to be delivered, shall be charged to the Customer. Should the payment be made via Paypal, the amount shall immediately be charged the moment the order has been confirmed.
5.3) Should the item not be available, the Seller shall commit himself to refund the entire amount paid. Should a product not be available, the Customer may request another product having the same or higher price or ask for a refund on the entire amount.
5.4)The Customer may monitor the status of the dispatch of the goods by referring to a “ tracking number” which shall be supplied via e-mail by the courier DHL or UPS as soon as the goods will have left the warehouse.
5.5) The average delivery-times for standard dispatch of goods depending on the different Country go from 48 hours to 4 days. The delivery takes place during working hours from 8.30 am to 6.00 pm during working-week.
5.6) The name, address and telephone number (preferably a mobile number)  shall be written on the order and shall correspond to the exact street and bear the same name written on the entry phone/door bell.
5.7) Should the Customer for any reason not be home when the goods are to delivered, the courier shall leave a note in the post-box. The Customer is requested to contact the competent courier-branch and agree again on the time of delivery. The package may lie 5 working days on the premises of the courier, after which the goods shall return to the Seller. The Customer Service shall ask the Customer a new address for the delivery, should there be no answer, the Seller is committed to refund the entire amount.
5.8) Should the goods not be delivered owing to loss /theft, the Seller pledges to inform the Customer and hence refund him/her of the total amount including transport expenses.
5.9) The Customer shall receive the invoice by e-mail.
5.10) The possible Temporary Shop in the website hosts  only special offers limited in time. The duration of promotions is constantly updated thanks to the countdown timer inside the box.  The products included in the temporary sales are subject to the same rules and restrictions of the products sold in the normal catalog. The conditions relating to the sale, the delivery costs, the return handling and the warranty validity are identical to those intended for all other purchases.
The extra discounts and / or special prices proposed in the temporary shop are valid only during the period of the relative temporary shop. Therefore any refund requests or applications of particular conditions cannot be applied for orders placed respectively before or after activation of the temporary shop.
5.11) Countries outside the EU are shipped to on a DDU basis which means that all relevant import taxes and duties will NOT be included in the final price and the payment of these may be requested  by the courier to the customer .

Africa

Delivery countryShipping feesSpedizione gratuita su ordine minimo da
Algeria68,00 € -
Cote d'Ivoire48,00 € -
Egypt48,00 € -
Liberia68,00 € -
Madagascar68,00 € -
Morocco68,00 € -
South Africa120,00 € -
Tunisia68,00 € -

Asia

Delivery countryShipping feesSpedizione gratuita su ordine minimo da
Armenia68,00 € -
Azerbaijan68,00 € -
Bahrain48,00 € -
Brunei Darussalam48,00 € -
China120,00 € -
Georgia68,00 € -
Hong Kong48,00 € -
India48,00 € -
Indonesia48,00 € -
Israel68,00 € -
Japan48,00 € -
Jordan68,00 € -
Kazakhstan68,00 € -
Korea48,00 € -
Kuwait48,00 € -
Kyrgyz Republic68,00 € -
Lebanon68,00 € -
Macao48,00 € -
Malaysia120,00 € -
Oman48,00 € -
Philippines48,00 € -
Qatar48,00 € -
Saudi Arabia48,00 € -
Singapore48,00 € -
Syrian Arab Republic68,00 € -
Taiwan48,00 € -
Tajikistan68,00 € -
Thailand48,00 € -
Turkey48,00 € -
Turkmenistan68,00 € -
United Arab Emirates48,00 € -
Uzbekistan68,00 € -
Vietnam68,00 € -

Europe

Delivery countryShipping feesSpedizione gratuita su ordine minimo da
Albania68,00 € -
Andorra48,00 € -
Austria18,00 €100,00 €
Belarus120,00 € -
Belgium18,00 €100,00 €
Bosnia and Herzegovina68,00 € -
Bulgaria18,00 €100,00 €
Croatia18,00 €100,00 €
Czech Republic18,00 €100,00 €
Denmark18,00 €100,00 €
Estonia18,00 €100,00 €
Finland18,00 €100,00 €
France18,00 €100,00 €
Germany18,00 €100,00 €
Greece18,00 €100,00 €
Holy See (Vatican City State)14,75 €81,97 €
Hungary18,00 €100,00 €
Iceland108,00 € -
Ireland18,00 €100,00 €
Italy10,00 €50,00 €
Latvia18,00 €100,00 €
Liechtenstein18,00 € -
Lithuania18,00 €100,00 €
Luxembourg18,00 €100,00 €
Macedonia68,00 € -
Malta103,70 € -
Moldova68,00 € -
Netherlands18,00 €100,00 €
Norway18,00 € -
Poland18,00 €100,00 €
Portugal18,00 €100,00 €
Romania18,00 €100,00 €
Russian Federation120,00 € -
San Marino14,75 €81,97 €
Slovakia (Slovak Republic)18,00 €100,00 €
Slovenia18,00 €100,00 €
Spain18,00 €100,00 €
Sweden18,00 €100,00 €
Switzerland68,00 € -
Ukraine120,00 € -
United Kingdom18,00 £100,00 £

North America

Delivery countryShipping feesSpedizione gratuita su ordine minimo da
Canada48,00 € -
Dominican Republic48,00 € -
Guatemala48,00 € -
Mexico48,00 € -
Panama48,00 € -
United States of America62,00 $ -

Oceania

Delivery countryShipping feesSpedizione gratuita su ordine minimo da
Australia48,00 € -
New Zealand48,00 € -

South America

Delivery countryShipping feesSpedizione gratuita su ordine minimo da
Argentina48,00 € -
Brazil48,00 € -
Chile48,00 € -
Colombia48,00 € -
Paraguay48,00 € -
Peru48,00 € -
Suriname48,00 € -
Venezuela48,00 € -

 


6.RIGHT TO RESCIND  

6.1) In accordance with Art. No. 64 of D.Lgs. (Law Decree) no. 206/2005, the Customer withholds the right to rescind from the sales-contract within and not over 14 (fourteen)  days as from the date of receipt of the goods. It is not possible however to replace the goods with another.
6.2) The format for Return of goods shall be available under the section Account. It shall be filled in indicating the reason for returning the item bearing the code reference number allocated to the transaction and shall be available with the Order Form received via e-mail. The information shall be transmitted via computer to the courier (DHL or UPS) who shall proceed to contact the Customer in order to decide on when to deliver the goods The Customer is requested to give the exact telephone number, address in order to ensure the correct delivery of the goods. The courier pledges to telephone the Customer directly.
6.3) Should the Customer prefer using an express courier suggested by the Seller (BRT, DHL or UPS), the Customer shall not be entitled to pay to the carrier any extra costs on transport of the goods on the Return Form. However, should the Customer decide  to choose another courier, he/she shall bear all the expenses requested by choosen forwarder for the dispatch of the goods. Should the Customer prefer another courier, he/she shall be requested to inform the seller via  the e-mail address info@polediffusion.com
6.4) The Seller shall refund the entire amount paid for the purchase of the goods excepting for the transport expenses run for the return of the goods (in case of amounts less than 50,00 € in Italy and 100,00 € in Europe EU and in all cases in extra Ue. countries). The transport expenses for the sending back of goods at charge to the customer have got the same amounts listed in delivery costs table. 
6.5) The Customer is not to be held responsible for any loss or damage incurred during the transport of the goods once they have been consigned and delivered to the Seller official courier. Should the Customer avail himself of a different courier other than the official one indicated on the form, any damage or loss shall be on the charge of the Customer.
6.6) The garments shall be returned entirely equipped with the labels neither spoiled or removed. Furthermore, they shall be returned in their original packing and neither be worn or washed. The boxes should be tightly sealed with resistant scotch-tape. The Customer is requested to sign on the scotch-tape as on a seal in order to prevent mishandling.
6.7) The items shall be returned in one delivery. Goods that are returned in more than one delivery shall not be accepted.
6.8) Should the goods returned not respect the indications that have been given, the Seller shall have the right to withhold the entire amount paid for the purchase. However, the Customer may obtain the returned goods again in the same condition the goods were delivered back again as long as he/she pays for the transport expenses.
6.9) The amount paid for the purchase minus the transport costs  for return made in Italy less than 50,00 Euro and made in Europe E.U.less than 100,00 euro, shall be refunded by the Seller in the quickest time possible i.e. within 14 (fourteen) days from the writtend notice of return . 
6.10)The Customer shall obtain a refund via his/her credit-card or Paypal or whichever term of payment he/she has selected. Evolve Srl inform the Customer on the mode of the refund in which case the Customer may be requested to supply the bank-details.
6.11) Where items are returned from orders where offer (discount code or others promotions) has been used and this results in the total value of the order falling below the trigger point for receiving the rebate, the items that are kept by the customer will revert to full price and the refund to the customer will deduct the value of the rebate received.
6.12) You can replace any item purchased within 3 working days of the delivery date. The items you return is in its original condition, tags and packaging included.
6.13) Return the item you wish to exchange by following this steps: choose the "Exchange" option in the Reserved Area and select a replacement size and/or colour from those available shown in the dropdown list. We will hold the item for you and when we receive your return we will ship the replacement to the original order address and you will receive a Shipping Confirmation by e-mail.
6.14) You can only exchange once per item, if you are still not satisfied, you can return the item (follow he procedure described in our Terms and Conditions). If the size  and the colour selected for the replacement are not available at the time of receiving the returned item at Seller's warehouse we will proceed with the refund.
6.15) Promotions or discount codes can only be used during the first order process and cannot be applied after.

 
7.PRODUCT FAULTS

7.1) As in compliance with Art.130 of D. Lgs (Law decree) no. 206/05,  the Customer is lawfully right in that: “The Seller is to be held responsible to the Consumer for any faults in conformity existing at the moment of the delivery of the goods.” ;“ In the event of existing faults, the Consumer has the right to the restoration of the goods  f.o.c. viz. repaired or replaced, at least, a reduced price or cancellation of the contract.”; “ The Consumer has the right to ask the Seller either to repair or replace the item purchased at no cost in either case, except in the event that such solution be impossible or too expensive compared to the other one.
7.2) Should the purchased goods present any faults or flaws, the Customer shall have the right to inform the Seller and avail himself/herself of the guarantee on the item. The communication shall be made on the ‘Return of Goods’ where the Customer is free to cancel  the order directly or return the goods owing to faults.

 
8.PRIVACY

8.1) EVOLVE SRL guarantees that all confidential data shall be elaborated in compliance with law on privacy  D. LGS ( Law Decree) no.196/03 and successive modifications. The Customer may obtain more information on the elaboration of personal data by consulting the section on privacy/policy.
8.2) For further information relating to elaboration of personal data the Customer may post his queries on privacy@polediffusion.com


9.RESOLUTION OF CONTROVERSIES

9.1) The General Conditions on Sale are regulated by the Italian Law, and specifically under D. Lgs. (Law Decree) no. 206 dated 2005 adjourned with D. Lgs.( Law Decree)  No. 70 dated 2003 that regulates long distance contracts relating to e-commerce.
9.2) Should any controversy arise, the Seller shall be committed to do his utmost to resolve it cordially, should this not be the case, the Seller shall be obliged to turn to the competent legal authorities.