The goods covered by these general conditions are offered for sale by PMG Srl with headquarter in Via Garibaldi 7 Bologna - 40124; Register of Companies, CF. 08526251213 hereinafter referred to as "PMG Srl", certified e-mail address (PEC) pmg@pecditta.com

1. Definitions

 

The expression "electronic commerce contract" means the contract having as its object goods and services stipulated between PMG Srl (i.e. manager of the e-commerce site) and a customer or consumer within a system of sale of goods or provision of services at a distance (therefore, without the simultaneous presence of the party involved, organized by PMG Srl, which for this contract uses only one or more telematic communication techniques);

 

1.2. The expression "Buyer" means the customer (person liable to VAT) or consumer natural person (as defined in art. 3 of Legislative Decree no. 206/2005, ie the person who makes the purchase for purposes not related to the business or professional activity, if any).

 

1.3. The expression "PMG Srl (or manager of e-commerce site)" means the person indicated in the epigraph that sells the goods or provides services.

 

2. Subject matter of the contract

 

2.1. With this contract of electronic commerce PMG Srl sells and the Buyer buys at a distance by means of telematic tools the tangible movable goods or services that are reported and offered on the site www.throwbackltd.com

 

2.2. The cited goods referred to in the preceding point are available on the web page www.throwbackltd.com which shows the catalog of goods offered, contained within the site mentioned. The products are depicted and made visible on the site in an accurate manner and corresponding to the characteristics actually possessed. However PMG Srl is not able to guarantee the exact correspondence to reality in relation to images and colors as they appear on the monitor of the customer. In case of difference between the image and the written product sheet, the description of the product sheet is always valid.

 

3. The various technical steps to be followed to conclude the contract

 

3.1. The contract between PMG Srl and the Buyer is concluded exclusively through the Internet. The Buyer, once accessed at www.throwbackltd.com, must follow the procedures reported in the site itself in order to formalize its acceptance to purchase the services referred to in Article 2 above.

 

3.2. When PMG Srl receives from the Buyer acceptance of the order will send an e-mail confirmation or display a web page confirmation and summary of the order, printable.

 

3.3. Upon receipt of payment for the goods PMG Srl will proceed to issue the relevant tax document pursuant to Presidential Decree no. 633/1972 where required by law. In the event that the buyer wants to receive an invoice will have to notify the PMG Srl by sending an email to customercare@mishmish-swimwear.com, the buyer must provide in this regard the data relating to its tax code or VAT number and order number.

 

3.4. This contract will not be considered perfected, therefore, ineffective if lacking what is reported in the preceding paragraph.

 

4. Methods of payment and reimbursement

 

4.1. Any payment for goods purchased by the Buyer may be made only by the methods of payment indicated on the website of PMG Srl. The use of the payment methods indicated do not imply any additional burden on the part of the Buyer.

 

 

4.2. Any refund to the Buyer will be credited by one of the methods proposed by PMG Srl and chosen by the Buyer, in a timely manner and, in case of exercise of the right of withdrawal, as governed by clause 12, point 7 and following of this contract, no later than 14 days from the day on which the PMG Srl became aware of the withdrawal. PMG Srl may withhold reimbursement until receipt of the item or until the Buyer has provided proof of return, whichever occurs first.

 

 

4.3. All communications relating to payments take place on a special line of PMG Srl protected by encryption system. PMG Srl guarantees the storage of this information with an additional level of security encryption and in accordance with the provisions of current legislation on the protection of personal data.

 

5. Delivery times and methods

 

5.1. PMG Srl will deliver the products (movable goods) selected and ordered, without undue delay and, at the latest, within 30 days from the date of conclusion of the contract itself, in the manner chosen by the Buyer or indicated on the website at the time of offering the goods.

 

5.2. In the event that PMG Srl is not able to make the shipment within the period referred to in paragraph 5.1. will be given timely notice by e-mail to the Buyer.

 

5.3. The methods, timing and cost of shipment are punctually indicated on the website of PMG Srl at www.throwbackltd.com

 

6. Prices

 

6.1. All the sales prices of the products displayed and indicated on the website www.throwbackltd.com are expressed by default in Euro, but the purchaser may also see them expressed in other currencies indicated and selecting them on the website, and the above prices constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.

 

6.2. The sale prices, referred to in the previous point, are inclusive of VAT and any other tax. Any additional charges (for example: customs clearance), if any, will be borne by the Buyer.

 

6.3. The prices indicated in correspondence of each of the goods offered to the public are valid until the date indicated in the catalog.

 

7. Product Availability

 

7.1. PMG Srl ensures through the computer system used to process and fulfill orders without delay. To this end, it indicates in real time, in its electronic catalog, the number of products available and those not available, and shipping times.

 

7.2. If an order exceeds the existing quantity in the warehouse, PMG Srl, by e-mail will inform the buyer if the good is no longer bookable or what will be the waiting time to get the chosen good, asking if he wants to confirm the order or not.

 

7.3. The computer system of PMG Srl confirms as soon as possible the registration of the order by sending the user a confirmation by e-mail, pursuant to paragraph 3.3.

 

8. Limitations of Liability

 

8.1. PMG Ltd. assumes no responsibility for inefficiencies due to force majeure, if it fails to execute the order in the time provided by the contract.

 

8.2. PMG Srl can not be held responsible to the Buyer, except in case of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or subcontractors.

8.3. PMG Srl will also not be liable for damages, losses and costs incurred by the Buyer as a result of failure to execute the contract for reasons not attributable to him, such as, among others, the damage or loss attributable to carriers, once the package has been delivered to them. In such cases, the Buyer is only entitled to a full refund of the price paid and any additional charges incurred.

 

8.4. PMG Srl assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the products purchased, if it proves to have taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.

 

8.5. In no case the Buyer can be held responsible for delays or misunderstandings in the payment if it proves to have made the payment itself in the time and manner indicated by PMG Srl.

 

9. Liability for defect, proof of damage and compensable damage: the obligations of PMG Srl

 

9.1. PMG Srl is liable, pursuant to art. 114 et seq. of the Consumer Code, for damage caused by defects of goods sold if it fails to notify the injured party, within three months of the request, the identity and address of the manufacturer or the person who supplied the goods.

 

9.2. The request for damages, on the part of the injured party, must be made in writing and must indicate the product which caused the damage, the place and date of purchase. Moreover, it must contain the offer to see the product, if it still exists.

 

9.3. PMG Srl cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal norm or to a binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow to consider the product as defective.

 

9.4 No compensation shall be due if the injured party was aware of the defect of the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it.

 

9.5. In any case the damaged party will have to prove the defect, the damage, and the causal connection between defect and damage.

 

9.6. The damaged party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus principally used by the damaged party.

 

9.7 The accidental damage referred to in art. 123 of the Consumer Code will, however, be indemnifiable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (Euro 387).9. Liability for defect, proof of damage and compensable damage: the obligations of PMG Srl

 

9.1. PMG Srl is liable, pursuant to art. 114 et seq. of the Consumer Code, for damage caused by defects in the goods sold if it fails to notify the injured party, within three months of the request, the identity and address of the manufacturer or the person who supplied the goods.

 

9.2. The claim for damages, on the part of the injured party, must be made in writing and must indicate the product which caused the damage, the place and date of purchase. Moreover, it must contain the offer to see the product, if it still exists.

 

9.3. PMG Srl cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal norm or to a binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow to consider the product as defective.

 

9.4 No compensation shall be due if the injured party was aware of the defect of the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it.

 

9.5. In any case the damaged party will have to prove the defect, the damage, and the causal connection between defect and damage.

 

9.6. The damaged party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus principally used by the damaged party.

 

9.7 The damage in case of art. 123 of the Consumer Code will be, however, indemnifiable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (Euro 387).9. Liability for defect, proof of damage and compensable damage: the obligations of PMG Srl

 

9.1. PMG Srl is liable, pursuant to art. 114 et seq. of the Consumer Code, for damage caused by defects of goods sold if it fails to notify the injured party, within three months of the request, the identity and address of the manufacturer or the person who supplied the goods.

 

9.2. The request for damages, on the part of the injured party, must be made in writing and must indicate the product which caused the damage, the place and date of purchase. Moreover, it must contain the offer to see the product, if it still exists.

 

9.3. PMG Srl cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal norm or to a binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow to consider the product as defective.

 

9.4 No compensation shall be due if the injured party was aware of the defect of the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it.

 

9.5. In any case the damaged party will have to prove the defect, the damage, and the causal connection between defect and damage.

 

9.6. The damaged party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus principally used by the damaged party.

 

9.7 The accidental damage referred to in art. 123 of the Consumer Code will, however, be indemnifiable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (Euro 387).9. Liability for defect, proof of damage and compensable damage: the obligations of PMG Srl

 

9.1. PMG Srl is liable, pursuant to art. 114 et seq. of the Consumer Code, for damage caused by defects in the goods sold if it fails to notify the injured party, within three months of the request, the identity and address of the manufacturer or the person who supplied the goods.

 

9.2. The claim for damages, on the part of the injured party, must be made in writing and must indicate the product which caused the damage, the place and date of purchase. Moreover, it must contain the offer to see the product, if it still exists.

 

9.3. PMG Srl cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal norm or to a binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow to consider the product as defective.

 

9.4 No compensation shall be due if the injured party was aware of the defect of the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it.

 

9.5. In any case the damaged party will have to prove the defect, the damage, and the causal connection between defect and damage.

 

9.6. The damaged party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus principally used by the damaged party.

 

9.7 The damage in case of art. 123 of the Consumer Code will be, however, indemnifiable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (Euro 387).

 

10. Guarantees and Assistance

 

10.1. PMG Srl is responsible for any lack of conformity that occurs within two years from delivery of the goods.

 

10.2. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist (a) they are fit for the use for which goods of the same type are ordinarily used; (b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) have the quality and performance that are customary in goods of the same type, which the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made in this regard by the seller, the producer or his agent or representative, particularly in advertising or on the label; d) are also suitable for the particular use intended by the consumer and that has been brought to the knowledge of the seller at the time of conclusion of the contract and that the seller has accepted, even by conclusive facts.

 

10.3. The Purchaser loses any right if he doesn't denounce to the vendor the conformity defect within the term of two months from the date in which the defect has been discovered. The denunciation is not necessary if the vendor has acknowledged the existence of the defect or has concealed it.

 

10.4. In any case, unless there is proof to the contrary, it is presumed that the lack of conformity which appears within six months from the delivery of the goods already existed on that date, unless such a hypothesis is incompatible with the nature of the goods or the nature of the lack of conformity.

 

10.5. In case of lack of conformity, the Buyer may request, alternatively and without species, under the conditions indicated below, the repair or replacement of goods purchased, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or is excessively expensive for PMG Srl under Article. 130, paragraph 4, of the Consumer Code.

 

The request must be made in writing, by registered letter with acknowledgment of receipt or by certified e-mail, to PMG Srl, which will indicate its willingness to implement the request, or the reasons that prevent it from doing so, within seven working days of receipt. In the same communication, if PMG Srl has accepted the request of the Buyer, will indicate the method of shipment or return of the goods and the deadline for the return or replacement of defective goods.

 

If repair and replacement are impossible or excessively onerous, or PMG Srl has not repaired or replaced the goods within the term referred to in the preceding point or, finally, the replacement or repair previously carried out have caused considerable inconvenience to the Buyer, the latter may ask, at his discretion, a reasonable reduction in price or termination of the contract. In this case, the Buyer must send his request to PMG Srl, which will indicate its willingness to implement the same, or the reasons that prevent him from doing so, within seven working days of receipt.

 

In the same communication, if PMG Srl has accepted the request of the Buyer, will indicate the proposed price reduction or how to return the defective goods. In such cases, it will be the Buyer's responsibility to indicate how to re-credit the amounts previously paid to PMG Srl.

 

11. Obligations of the Buyer

 

11.1. The Buyer undertakes to pay the price of the goods purchased in the time and manner indicated in the contract.

 

11.2. The Purchaser undertakes, once the online purchase procedure is completed, to print and keep this contract if he deems it necessary.

 

11.3. The information contained in this contract have been, however, already viewed and accepted by the Purchaser, who acknowledges that this step will be made mandatory before the purchase confirmation.

 

12. Right of withdrawal

 

12.1. The Buyer has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within the term of 14 calendar days, starting from the day of receipt of the purchased goods.

 

12.2. The return of the goods by the Buyer must be made, without undue delay and, in any case, within 14 days from the date of communication to PMG Srl of the withdrawal. If the returned items show damage or signs of wear resulting from handling not necessary to establish the nature, characteristics and operation of the same, PMG Srl may withhold from the refund an amount corresponding to their decrease in value.

 

12.5. The Buyer may not exercise this right of withdrawal for contracts for the purchase of audio-visual products or computer software sealed, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the rates of the financial market that the professional is unable to control and in any other case provided for in Article. 59 of the Consumer Code.

 

12.6. The only costs payable by the consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to PMG Srl where applicable.

 

12.7. PMG Srl will refund the price of the article for which the withdrawal was exercised within 14 days of receipt of notice of withdrawal by the Buyer. PMG Srl may withhold the refund until receipt of the article or until the Buyer has provided proof of return, whichever occurs first.

 

12.8. With the receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous point of this article.

 

13. Causes of termination

 

13.1. The obligations referred to in paragraph 11, assumed by the Buyer, as well as the guarantee of successful completion of payment that the Buyer makes by the means referred to in art. 4, and also the exact fulfillment of the obligations assumed by PMG Srl in paragraph 5, are essential, so that by express agreement, the failure of only one of these obligations, unless caused by accident or force majeure, will result in the termination of the contract pursuant to art. 1456 cc, without the need for judicial decision.

 

14. Processing of personal data of the Buyer

 

14.1. PMG Srl protects the personal data of its customers and ensures that the processing of data complies with the provisions of the regulations on privacy in Legislative Decree no. 196 of 30 June 2003.

 

14.2. The personal data and tax acquired directly and / or through third parties by PMG Srl, the owner of the treatment, are collected and processed on paper, computer, telematics, in relation to the methods of treatment, with the aim of registering the order and activate against him the procedures for the execution of this contract and the necessary communications, in addition to the fulfillment of any legal obligations, and to allow effective management of business relationships to the extent necessary to best perform the service requested (art. 24, paragraph 1, letter b), d.lgs. 196/2003).

 

14.3. PMG Srl undertakes to treat the data and information transmitted by the Buyer with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be produced at the request of the judicial authorities or other authorities authorized by law.

 

14.4. The personal data will be communicated, subject to the signing of a commitment to confidentiality of the data itself, only to persons delegated to perform the activities necessary for the execution of the contract and communicated exclusively for that purpose.

 

14.5. The Purchaser enjoys the rights under Art. 7 of Legislative Decree. 196/2003, namely the right to obtain a) the updating, rectification or, when interested, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; c) certification that the operations in letters a) and b) have been notified, also as regards their contents, to those to whom the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate to the protected right. The interested party also has the right to oppose, in whole or in part, for legitimate reasons, the processing of personal data concerning him/her, even if pertinent to other purposes of the collection; the processing of personal data concerning him/her for the purpose of inviting advertising or direct sales material or for carrying out market research or commercial communication.

 

14.6. The communication of personal data by the Purchaser is a necessary condition for the proper and timely execution of this contract. Failing this, the Buyer's request cannot be processed.

 

14.7. In any case, the data acquired will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will take place in any case in a secure manner.

 

14.8. Owner of the collection and processing of personal data is PMG Srl, to which the buyer can address any request at the company headquarters.

 

14.9. Everything that reaches the mail address (including electronic) of PMG Srl (requests, suggestions, ideas, information, materials, etc.) will not be considered information or data of a confidential nature, will not violate the rights of others and must contain valid information, not damaging the rights of others and true, in any case can not be attributed to PMG Srl any responsibility for the content of messages.

 

15. Arrangements for archiving the contract

 

15.1. PMG Srl informs the Buyer that this contract can be printed or archived on Buyer's own devices.

 

Pursuant to art. 12 of legislative decree 70/2003, PMG Srl informs the Buyer that every order sent is stored in digital/paper form on the server/at the head office of PMG Srl itself, according to criteria of confidentiality and security.

 

16. Communications and complaints

 

16.1. Written communications addressed to PMG Srl and any complaints will be considered valid only if sent by e-mail at the following address pmg@pecditta.com

The Buyer sends in the registration form his residence or domicile, telephone number or e-mail address to which he wants to be sent the communications of PMG Srl.

 

17. Settlement of disputes

 

All disputes arising from this contract will be referred to an attempt at conciliation at the mediation body of the Chamber of Commerce and resolved according to the Conciliation Regulations adopted by the same.

 

17.2. If the Parties intend to take recourse to the ordinary Judicial Authority, the competent court is that of the place of residence or domicile of the consumer.

 

18. Available languages

 

18.1. The languages available on the website www.throwbackltd.com are English and Italian.

 

Shopify

 

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services for you.

 

Through Shopify's data storage, database and general Shopify application are stored. They store your data on a secure server protected by a firewall.