Terms of Sale
General Terms and Conditions for the Sale of The Private Markdown products via the THEPRIVATEMARKDOWN.COM, hereafter referred as the "Website".
The company TPMD S.r.l. Unipersonale hereafter “The Private Markdown”, “Vendor”, “we”, “us” or “our”) offers products for sale on the "Website"and its e-commerce business services are available exclusively to its end users, i.e. "customers". We reserve the right to only accept orders from those over 18. In order to meet its customers' needs and expectations, we have decided to create a distance sales network for certain products via the "Website". The list of “The Private Markdown” products available for distance sale (via internet) is available on the "Website".
These General Terms and Conditions of Sale are applicable to all distance sales of The Private Markdown products via the "Website". All distance sales of The Private Markdown products via the "Website" shall be regulated exclusively by the applicable Italian law and in particular by the D.lgs. 6.9.2005, n. 206 ("Codice del Consumo").
The use of the distance sales service described herein is reserved solely for costumer. The term “Costumer” is to be understood as any physical person making purchases for purposes unrelated to their business, commercial, artisanal or professional activity. The resale, rental or transfer for commercial or professional reasons of products purchased on the "Website" is strictly forbidden.
We may modify these General Terms and Conditions of Sale at any time. Therefore, the Customer is asked to accept the General Terms and Conditions of Sale in force at the time of purchase.
These General Terms and Conditions of Sale are published on the Site for the Customer's knowledge, storage and reproduction.
Before placing an order on the "Website", the Customer by clicking the relevant boxes shall fully and unreservedly accept these General Terms and Conditions of Sale, which form an integral and substantial part of these procedures.
These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than The Private Markdown, even in cases in which they are presented on the Official "Website" via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than the Vendor, the Customer is invited to check the conditions of sale applied. In no case can the Vendor be held liable for the provision of services by third parties.
Please consult the Privacy Policy for information on the processing of Customer personal data.
For the purposes of these General Terms and Conditions of Sale, the vendor is TPMD S.r.l. single-member company, with registered office in Via Boccaccio 50 – 50133 Florence, Italy, share capital fully paid up. Registered capital EURO 10.000 VAT no. IT07051570484., email: customercare@theprivatemarkdown.com.
1. Product Orders
Orders may be placed directly by persons of legal age who are not under legal disability.
Orders may be placed in English via the "Website", or from our Customer Care Service, Monday to Sunday, from 00:00 AM to 24:00 PM (GMT +1), excluding public holidays.
A valid e-mail address is required from The Customer in order to receive information concerning the General Terms and Conditions of Sale and any information concerning the order.
Each distance sale order made by the Customer covered by these General Terms and Conditions of Sale may be for one or more products, up to a maximum of 8 products per order, of which a maximum of 2 pairs can be of the same article.
We reserve the right to modify the limits for the quantity and/or types of products that may be purchased via distance sales, at any time.
The Customer is responsible for selecting the articles of interest to him/her. In the Customer's shopping bag and contained within the Customer's order summary is a description of the product(s) ordered, including measurements and sizes (where applicable), the total price of the products ordered including shipping costs and a digital photograph which provides a representation of the products available on the "Website".
Although we take all appropriate measures to ensure the photographs on the "Website" faithfully represent the original products, including technological means to reduce inaccuracies as much as possible, certain variations are possible also due to the Customer's computer's technical characteristics and colour resolution. Consequently, we cannot be held responsible for any inaccuracies in the graphic representation of the products displayed on the "Website" for the above technical reasons.
The Customer must click on the shopping bag icon to view the selected article(s) and total price of the article(s) ordered. The Customer is asked to verify the content of the shopping bag before completing the purchase form in accordance with the instructions provided on the "Website", and to confirm that a payment shall be due by him/her and that he/she has read and accepted these General Terms and Conditions of Sale and Use.
Should the Customer need to modify (an article or quantity) or correct any errors in the order, he/she should follow the instructions on the "Website".
2. Product Prices
Product prices include all taxes and duties (except for countries outside the European Union), unless otherwise stipulated on the "Website" or on the order page.
The price of each product is displayed for the Customer prior to completion of the order. All prices are in euros (except for Costa Rica, El Salvador, Greenland, Honduras, Nicaragua and the United States which are in USD) and include VAT (except for countries outside the European Union).
The total price including shipping costs is displayed in the Customer's shopping bag in the third step of the checkout called "Review & Payments".
3. Completing the Order
The order procedure is complete once the Customer confirms and submits the order. Upon confirmation, the order is received by The Private Markdown. Following this, the costumer receives a thank you message confirmation and the order is validated by The Private Markdown.
The Customer may automatically cancel the order before its confirmation by exiting the "Website".
Once the order has been sent, the Customer unconditionally agrees and undertakes to observe these General Terms and Conditions of Sale in his/her dealings with The Private Markdown, as well as other information, including the General Terms and Conditions of Use and the Privacy Policy, available on the "Website" via links and which are always available for printing.
Therefore, before sending the order form to purchase products online, the Customer may carefully read and accept these General Terms and Conditions of Sale, which includes information on product returns. The Customer can print and save or reproduce this document for his/her personal use; moreover, the General Terms and Conditions of Sale are always available via the “Legal Area” section of the "Website".
The Customer's order(s) will be binding once the entire order procedure has been completed properly, without errors being identified on the "Website". The contract between the Customer and us is to be concluded when the Customer receives confirmation of successful completion from us at the e-mail address provided by the Customer during the order process. The Customer will also receive a shipping confirmation email with a tracking number once the purchase has been sent.
In any case, The Private Markdown reserves, at its discretion, the right to decide whether or not to accept orders which are incomplete or incorrect or if the products are unavailable or the Customer is not a “customer” as defined in the DLGS dated 6th of September 2005, n°206 (“Codice del Consumo”). In such event, The Private Markdown will inform the Customer that the contract is not concluded and that we will not be following up on the order, providing its reasons for doing so. The Customer is informed within two (2) business days of submission of the order to The Private Markdown. Any amounts already paid by the Customer for the order will be reimbursed.
Following conclusion of the contract, the Customer will receive written confirmation of the order at the indicated e-mail address, including the return number and date of purchase, the product(s) ordered, the prices of products and shipping, and the total amount to be reimbursed.
The Customer may access the order and these General Terms and Conditions of Sale in the “Legal Area” section, from which these documents can be printed.
4. Conditions of Payment
The Customer must make payment via one of the methods of payment indicated on the order form.
For payment via credit card, the transaction will be charged to your credit card once your order has been accepted and you receive by email the confirmation of its successful completion.
In order to prevent internet fraud, payments made via the "Website" are managed online by the relevant bank using tools provided by Paypal. Paypal is responsible for securely storing and automatically processing order data including credit card information. Our online sales portal uses industry-standard Secure Sockets Layer (SSL) encryption where your payment details are collected. This protects the confidentiality of your credit card information while it's transmitted over the internet.
Our site features state-of-the-art security systems, offered by Paypal by the Tokenization feature, to encrypt and protect your payment details. Encryption makes your data illegible to The Private Markdown and to any third party, guaranteeing the total security of all transactions and of any card data you may wish to save in your account for future purchases. For detailed information please read our Privacy Policy.
For payment, the Customer must confirm on the "Website" that he/she is the card holder and that the name indicated on the credit card is his/hers; the Customer must provide the credit card number, expiry date and security code indicated on the card. Upon completing the order, the Customer's bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen.
We do not debit any amount from the credit card until your order has been accepted and you receive by email the confirmation of its successful completion. We do not apply extra costs for credit cards payments.
If, for any reason, the amounts due by the Customer cannot be debited, the sale process and sale are automatically cancelled.
5. Delivery
Following order transmission via "Website", the Customer can monitor delivery of the order in “Account” section of the "Website" by signing in and choosing the option "Orders".
The Customer can contact our Customer Service via our contact form, telephone or e-mail to request information on the delivery.
Without prejudice to the exceptions below, the products will be delivered only to the address indicated by the Customer in the following countries: Albania, Algeria, Andorra, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Bermuda, Bhutan, Bolivia, Bosnia-Herzegovina, Botswana, Brazil, British Virgin Islands, Brunei, Bulgaria, Cambodia, Canada, Cape Verde Islands, Cayman Islands, Chile, China, Colombia, Comoros Islands, Cook Islands, Costa Rica - San José, Croatia, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guyana, Honduras, Hong Kong SAR – China, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Laos, Latvia, Lebanon, Lesotho, Liechtenstein, Lithuania, Luxembourg, Macau SAR – China, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Malta, Martinique, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nepal, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua,Norway, Oman, Panama, Papau New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome + Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Spain - Canary Islands, Sri Lanka, St Barthelemy, Suriname, Swaziland, Sweden, Switzerland, Taiwan – China, Tanzania, Thailand, Timor Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Tuvalu, U.S. Virgin Islands, Ukraine, United Arab Emirates, United Kingdom, United Kingdom – Guernsey, United Kingdom – Jersey, United States, Uruguay, Vanuatu, Venezuela, and Vietnam. (together the “Territory”).
No shipping address (or delivery request) will be accepted outside the Territory.
The Customer may request delivery to the physical person of his/her choice, whose residence or domicile is within the Territory. No deliveries will be made to post office boxes, collection points or Poste Restante addresses.
The products purchased online are delivered to the address indicated by the Customer only once the payment of the order has been registered, except where The Private Markdown informs the Customer of non-acceptance of the order pursuant to Article 3 above.
For security reasons, all of The Private Markdown's online purchases require the signature of the Customer, or their legal representative in case the Customer is a minor aged under 18 upon delivery. All orders are delivered by DHL, UPS or TNT. If no one is available to sign for the package, the courier will make a total of two (2) delivery attempts contacting the consignee. If there is still no one available to sign for the package, after 5 days with no communication, the package will return to a storage location. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may cancel the order and issue you a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
The "Website" should automatically recognize the Country from which you are connecting. Orders made from a Country "Website" different from the one you are shipping to, or to addresses to which our courier cannot ship to (P.O. Boxes or General Delivery/Poste Restante addresses), will be automatically cancelled. Your Wish List is exclusive from the Country selected and will not be cancelled if you change location, but prices and services will be updated accordingly.
All orders are delivered by DHL, UPS or TNT. In order to meet customers' needs and expectations we only use Express delivery. The shipping costs for such orders will be charged to the Customer.
All shipping costs, including additional costs (excluding custom/import duties for countries outside the European Union) charged to the Customer are itemized in the order form at the time of purchase on the "Website".
All orders are processed Monday through Friday, excluding weekends and Italian bank holidays.
At this time, we can only ship to one address per order. To ship to multiple addresses, please place a separate order for each location.
Please note that all orders are subject to verifications, in particular the billing and shipping addresses and the means of payment. If required, we may request additional identification information. Such verifications can extend the delivery time for up to two (2) additional business days from those quoted in the order confirmation.
The delivery may also be delayed depending on order verification and availability of the products. The Private Markdown is not responsible for any unexpected delays occurring during the shipment by DHL, UPS, or TNT.
The e-mail sent by us to the Customer contains a tracking number and an exclusive link to track the shipment in real time. Our Customer Service can provide assistance for any delivery problems.
The Customer is responsible for the loss or damage to the products ordered, for which we are not responsible, beginning at the time at which the Customer or a third party designated by the Customer (other than the carrier appointed by The Private Markdown) takes material possession of the products.
The products are the Customer's responsibility upon completion of delivery. The Customer should check that all products received against his/her order as soon as possible and make sure they reflect what was ordered and that the products delivered are not damaged or not as described.
Should the Customer make a claim for loss, non-compliance or damage to the product and if we agree that the products received by the Customer do not reflect what was ordered or they are damaged or not as described, we will refund the Customer (in full, including all delivery costs), upon express Customer request, according to the terms and conditions described below. Please note exchanges are not possible. Damaged goods being returned must be in the condition in which the Customer received them; the Customer must not mishandle them or attempt to modify or repair them.
The delivery terms may vary due circumstances not attributable to The Private Markdown.
6. Returns and Refunds – Withdrawal
Given the nature of samples sales, all sales in our website are final, no returns, refunds or exchanges will be provided. We expect our customers to only return articles that are found faulty or not as described.
The Customer's right of withdrawal must be exercised as described below.
The right of withdrawal can be exercised only when a product is faulty or not as described and must be exercised by the Customer within 15 (fifteen) days of the date of delivery to the Customer or a third party.
To exercise the right of withdrawal, the Customer must contact Customer Service at customercare@theprivatemarkdown.com, were instructions will be provided on how to proceed.
For the return to be accepted by us, the products must be returned or shipped to the Customer Service (Warehouse) within 15 days from the date on which the Customer informed us of his/her wish to return the purchase via our Customer Care and respecting the following conditions:
-The products must be returned in their original packaging (box, accessories, inserts, leaflets, etc.).
-The purchase receipt must accompany the products.
-Products returned by the Customer must not have been damaged, used, worn or washed, but may be handled and inspected to determine their nature and characteristics.
-Labels must still be attached to the products.
Damaged goods being returned must be in the condition in which the Customer received them; the Customer must not attempt to modify, handle or repair them.
We reserve the right, at our sole discretion, to refuse returns of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above, or lacking a return form.
We also reserve the right to demand compensation for any damage caused by the Customer's negligent conduct or misconduct when returning products. We cannot be held liable for lost or stolen products beyond our control, or for returns to the wrong address, or for delivery delays of returned products beyond our control, it being understood that the Customer assumes all risks of returns. The Customer is also responsible for providing proof of return.
In the event of withdrawal when a product is faulty or not as described, the Customer will be refunded all payments made to us, according to the method of payment chosen for the purchase, and for the product for which withdrawal has been exercised, including standard delivery costs.
In any other scenario, return shipping will be charged at your expense including custom duties or fees were applicable and we will not be able to accept liability for lost or damaged returns.
The refund will be issued straight after the return has been accepted directly to the Credit/Debit Card or PayPal account used to make the original purchase and in the same currency. Refunds may apply an administrative charge to the Customer.
7. Limitation of liability
Excluding cases of defective products, willful default or gross negligence, we cannot be held liable to the Customer for any direct or indirect damage caused to him/her by the purchase of products offered for sale on the "Website". In case of non fulfillment of its obligations under the purchase agreement occurred with the Customer, The Private Markdown liability will be in any case limited to the price paid by the Customer for the relevant purchased product(s).
8. Product authenticity and intellectual property rights
We guarantee the authenticity and quality of all the products sold on the "Website".
THE PRIVATE MARKDOWN trademark, all the figurative and non-figurative marks and in general all other marks, illustrations, images and logos present on our products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of TPMD Srl Unipersonale, with registered office at Via Boccaccio, 50 – 50133 Florence, Italy. Reproduction in whole or in part, modification or use of said trademarks, illustrations, images and logos for any reason and on any medium is strictly forbidden without the prior express approval of TPMD Srl Unipersonale.
Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.
Reproduction in whole or in part, modification or use of drawings, models or patents that are the exclusive property of TPMD Srl Unipersonale is also strictly forbidden.
9. Force majeure
Performance of services by TPMD S.r.l. Unipersonale may be suspended in the event of unforeseeable circumstances or force majeure preventing or delaying their performance.
We will inform the Customer of said unforeseeable circumstance or force majeure within seven days of its occurrence. Should the suspension of the services last more than 15 days, the Customer may cancel the order and receive a refund of all amounts already paid, as in article 6 hereof.
10. Privacy
The Customer may always obtain information on how we process his/her personal data in our Privacy Policy.
11. Competent jurisdiction and applicable law
These Terms and all sales made on the "Website" are governed by Italian law and the Courts of Milan will have non-exclusive jurisdiction. The Customer can bring proceedings in the Milan courts. If the Customer lives in any other country in the EU, he/she may bring proceedings in respect of online purchases made on the "Website" in their home country.
For dispute settlement, the mediation procedure established under Italian Law can be used. Out-of-court dispute settlement is also possible, including through the use of the “Risolvi Online” conciliation service that is an Alternative Dispute Resolution service provided by the Arbitration Panel of the Milan Chamber of Commerce.
Online orders placed under these General Terms and Conditions of Sale are exclusively governed by Italian Law, and in particular by the legislative decrees n. 206 of 6th September 2005 ("Codice del Consumo"), excluding conflict laws and private international law. The Vienna Convention on the International Sale of Goods of 1980 does not apply.
The company TPMD S.r.l. Unipersonale hereafter “The Private Markdown”, “Vendor”, “we”, “us” or “our”) offers products for sale on the "Website"and its e-commerce business services are available exclusively to its end users, i.e. "customers". We reserve the right to only accept orders from those over 18. In order to meet its customers' needs and expectations, we have decided to create a distance sales network for certain products via the "Website". The list of “The Private Markdown” products available for distance sale (via internet) is available on the "Website".
These General Terms and Conditions of Sale are applicable to all distance sales of The Private Markdown products via the "Website". All distance sales of The Private Markdown products via the "Website" shall be regulated exclusively by the applicable Italian law and in particular by the D.lgs. 6.9.2005, n. 206 ("Codice del Consumo").
The use of the distance sales service described herein is reserved solely for costumer. The term “Costumer” is to be understood as any physical person making purchases for purposes unrelated to their business, commercial, artisanal or professional activity. The resale, rental or transfer for commercial or professional reasons of products purchased on the "Website" is strictly forbidden.
We may modify these General Terms and Conditions of Sale at any time. Therefore, the Customer is asked to accept the General Terms and Conditions of Sale in force at the time of purchase.
These General Terms and Conditions of Sale are published on the Site for the Customer's knowledge, storage and reproduction.
Before placing an order on the "Website", the Customer by clicking the relevant boxes shall fully and unreservedly accept these General Terms and Conditions of Sale, which form an integral and substantial part of these procedures.
These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than The Private Markdown, even in cases in which they are presented on the Official "Website" via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than the Vendor, the Customer is invited to check the conditions of sale applied. In no case can the Vendor be held liable for the provision of services by third parties.
Please consult the Privacy Policy for information on the processing of Customer personal data.
For the purposes of these General Terms and Conditions of Sale, the vendor is TPMD S.r.l. single-member company, with registered office in Via Boccaccio 50 – 50133 Florence, Italy, share capital fully paid up. Registered capital EURO 10.000 VAT no. IT07051570484., email: customercare@theprivatemarkdown.com.
1. Product Orders
Orders may be placed directly by persons of legal age who are not under legal disability.
Orders may be placed in English via the "Website", or from our Customer Care Service, Monday to Sunday, from 00:00 AM to 24:00 PM (GMT +1), excluding public holidays.
A valid e-mail address is required from The Customer in order to receive information concerning the General Terms and Conditions of Sale and any information concerning the order.
Each distance sale order made by the Customer covered by these General Terms and Conditions of Sale may be for one or more products, up to a maximum of 8 products per order, of which a maximum of 2 pairs can be of the same article.
We reserve the right to modify the limits for the quantity and/or types of products that may be purchased via distance sales, at any time.
The Customer is responsible for selecting the articles of interest to him/her. In the Customer's shopping bag and contained within the Customer's order summary is a description of the product(s) ordered, including measurements and sizes (where applicable), the total price of the products ordered including shipping costs and a digital photograph which provides a representation of the products available on the "Website".
Although we take all appropriate measures to ensure the photographs on the "Website" faithfully represent the original products, including technological means to reduce inaccuracies as much as possible, certain variations are possible also due to the Customer's computer's technical characteristics and colour resolution. Consequently, we cannot be held responsible for any inaccuracies in the graphic representation of the products displayed on the "Website" for the above technical reasons.
The Customer must click on the shopping bag icon to view the selected article(s) and total price of the article(s) ordered. The Customer is asked to verify the content of the shopping bag before completing the purchase form in accordance with the instructions provided on the "Website", and to confirm that a payment shall be due by him/her and that he/she has read and accepted these General Terms and Conditions of Sale and Use.
Should the Customer need to modify (an article or quantity) or correct any errors in the order, he/she should follow the instructions on the "Website".
2. Product Prices
Product prices include all taxes and duties (except for countries outside the European Union), unless otherwise stipulated on the "Website" or on the order page.
The price of each product is displayed for the Customer prior to completion of the order. All prices are in euros (except for Costa Rica, El Salvador, Greenland, Honduras, Nicaragua and the United States which are in USD) and include VAT (except for countries outside the European Union).
The total price including shipping costs is displayed in the Customer's shopping bag in the third step of the checkout called "Review & Payments".
3. Completing the Order
The order procedure is complete once the Customer confirms and submits the order. Upon confirmation, the order is received by The Private Markdown. Following this, the costumer receives a thank you message confirmation and the order is validated by The Private Markdown.
The Customer may automatically cancel the order before its confirmation by exiting the "Website".
Once the order has been sent, the Customer unconditionally agrees and undertakes to observe these General Terms and Conditions of Sale in his/her dealings with The Private Markdown, as well as other information, including the General Terms and Conditions of Use and the Privacy Policy, available on the "Website" via links and which are always available for printing.
Therefore, before sending the order form to purchase products online, the Customer may carefully read and accept these General Terms and Conditions of Sale, which includes information on product returns. The Customer can print and save or reproduce this document for his/her personal use; moreover, the General Terms and Conditions of Sale are always available via the “Legal Area” section of the "Website".
The Customer's order(s) will be binding once the entire order procedure has been completed properly, without errors being identified on the "Website". The contract between the Customer and us is to be concluded when the Customer receives confirmation of successful completion from us at the e-mail address provided by the Customer during the order process. The Customer will also receive a shipping confirmation email with a tracking number once the purchase has been sent.
In any case, The Private Markdown reserves, at its discretion, the right to decide whether or not to accept orders which are incomplete or incorrect or if the products are unavailable or the Customer is not a “customer” as defined in the DLGS dated 6th of September 2005, n°206 (“Codice del Consumo”). In such event, The Private Markdown will inform the Customer that the contract is not concluded and that we will not be following up on the order, providing its reasons for doing so. The Customer is informed within two (2) business days of submission of the order to The Private Markdown. Any amounts already paid by the Customer for the order will be reimbursed.
Following conclusion of the contract, the Customer will receive written confirmation of the order at the indicated e-mail address, including the return number and date of purchase, the product(s) ordered, the prices of products and shipping, and the total amount to be reimbursed.
The Customer may access the order and these General Terms and Conditions of Sale in the “Legal Area” section, from which these documents can be printed.
4. Conditions of Payment
The Customer must make payment via one of the methods of payment indicated on the order form.
For payment via credit card, the transaction will be charged to your credit card once your order has been accepted and you receive by email the confirmation of its successful completion.
In order to prevent internet fraud, payments made via the "Website" are managed online by the relevant bank using tools provided by Paypal. Paypal is responsible for securely storing and automatically processing order data including credit card information. Our online sales portal uses industry-standard Secure Sockets Layer (SSL) encryption where your payment details are collected. This protects the confidentiality of your credit card information while it's transmitted over the internet.
Our site features state-of-the-art security systems, offered by Paypal by the Tokenization feature, to encrypt and protect your payment details. Encryption makes your data illegible to The Private Markdown and to any third party, guaranteeing the total security of all transactions and of any card data you may wish to save in your account for future purchases. For detailed information please read our Privacy Policy.
For payment, the Customer must confirm on the "Website" that he/she is the card holder and that the name indicated on the credit card is his/hers; the Customer must provide the credit card number, expiry date and security code indicated on the card. Upon completing the order, the Customer's bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen.
We do not debit any amount from the credit card until your order has been accepted and you receive by email the confirmation of its successful completion. We do not apply extra costs for credit cards payments.
If, for any reason, the amounts due by the Customer cannot be debited, the sale process and sale are automatically cancelled.
5. Delivery
Following order transmission via "Website", the Customer can monitor delivery of the order in “Account” section of the "Website" by signing in and choosing the option "Orders".
The Customer can contact our Customer Service via our contact form, telephone or e-mail to request information on the delivery.
Without prejudice to the exceptions below, the products will be delivered only to the address indicated by the Customer in the following countries: Albania, Algeria, Andorra, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Bermuda, Bhutan, Bolivia, Bosnia-Herzegovina, Botswana, Brazil, British Virgin Islands, Brunei, Bulgaria, Cambodia, Canada, Cape Verde Islands, Cayman Islands, Chile, China, Colombia, Comoros Islands, Cook Islands, Costa Rica - San José, Croatia, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guyana, Honduras, Hong Kong SAR – China, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Laos, Latvia, Lebanon, Lesotho, Liechtenstein, Lithuania, Luxembourg, Macau SAR – China, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Malta, Martinique, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nepal, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua,Norway, Oman, Panama, Papau New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome + Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Spain - Canary Islands, Sri Lanka, St Barthelemy, Suriname, Swaziland, Sweden, Switzerland, Taiwan – China, Tanzania, Thailand, Timor Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Tuvalu, U.S. Virgin Islands, Ukraine, United Arab Emirates, United Kingdom, United Kingdom – Guernsey, United Kingdom – Jersey, United States, Uruguay, Vanuatu, Venezuela, and Vietnam. (together the “Territory”).
No shipping address (or delivery request) will be accepted outside the Territory.
The Customer may request delivery to the physical person of his/her choice, whose residence or domicile is within the Territory. No deliveries will be made to post office boxes, collection points or Poste Restante addresses.
The products purchased online are delivered to the address indicated by the Customer only once the payment of the order has been registered, except where The Private Markdown informs the Customer of non-acceptance of the order pursuant to Article 3 above.
For security reasons, all of The Private Markdown's online purchases require the signature of the Customer, or their legal representative in case the Customer is a minor aged under 18 upon delivery. All orders are delivered by DHL, UPS or TNT. If no one is available to sign for the package, the courier will make a total of two (2) delivery attempts contacting the consignee. If there is still no one available to sign for the package, after 5 days with no communication, the package will return to a storage location. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may cancel the order and issue you a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.
The "Website" should automatically recognize the Country from which you are connecting. Orders made from a Country "Website" different from the one you are shipping to, or to addresses to which our courier cannot ship to (P.O. Boxes or General Delivery/Poste Restante addresses), will be automatically cancelled. Your Wish List is exclusive from the Country selected and will not be cancelled if you change location, but prices and services will be updated accordingly.
All orders are delivered by DHL, UPS or TNT. In order to meet customers' needs and expectations we only use Express delivery. The shipping costs for such orders will be charged to the Customer.
All shipping costs, including additional costs (excluding custom/import duties for countries outside the European Union) charged to the Customer are itemized in the order form at the time of purchase on the "Website".
All orders are processed Monday through Friday, excluding weekends and Italian bank holidays.
At this time, we can only ship to one address per order. To ship to multiple addresses, please place a separate order for each location.
Please note that all orders are subject to verifications, in particular the billing and shipping addresses and the means of payment. If required, we may request additional identification information. Such verifications can extend the delivery time for up to two (2) additional business days from those quoted in the order confirmation.
The delivery may also be delayed depending on order verification and availability of the products. The Private Markdown is not responsible for any unexpected delays occurring during the shipment by DHL, UPS, or TNT.
The e-mail sent by us to the Customer contains a tracking number and an exclusive link to track the shipment in real time. Our Customer Service can provide assistance for any delivery problems.
The Customer is responsible for the loss or damage to the products ordered, for which we are not responsible, beginning at the time at which the Customer or a third party designated by the Customer (other than the carrier appointed by The Private Markdown) takes material possession of the products.
The products are the Customer's responsibility upon completion of delivery. The Customer should check that all products received against his/her order as soon as possible and make sure they reflect what was ordered and that the products delivered are not damaged or not as described.
Should the Customer make a claim for loss, non-compliance or damage to the product and if we agree that the products received by the Customer do not reflect what was ordered or they are damaged or not as described, we will refund the Customer (in full, including all delivery costs), upon express Customer request, according to the terms and conditions described below. Please note exchanges are not possible. Damaged goods being returned must be in the condition in which the Customer received them; the Customer must not mishandle them or attempt to modify or repair them.
The delivery terms may vary due circumstances not attributable to The Private Markdown.
6. Returns and Refunds – Withdrawal
Given the nature of samples sales, all sales in our website are final, no returns, refunds or exchanges will be provided. We expect our customers to only return articles that are found faulty or not as described.
The Customer's right of withdrawal must be exercised as described below.
The right of withdrawal can be exercised only when a product is faulty or not as described and must be exercised by the Customer within 15 (fifteen) days of the date of delivery to the Customer or a third party.
To exercise the right of withdrawal, the Customer must contact Customer Service at customercare@theprivatemarkdown.com, were instructions will be provided on how to proceed.
For the return to be accepted by us, the products must be returned or shipped to the Customer Service (Warehouse) within 15 days from the date on which the Customer informed us of his/her wish to return the purchase via our Customer Care and respecting the following conditions:
-The products must be returned in their original packaging (box, accessories, inserts, leaflets, etc.).
-The purchase receipt must accompany the products.
-Products returned by the Customer must not have been damaged, used, worn or washed, but may be handled and inspected to determine their nature and characteristics.
-Labels must still be attached to the products.
Damaged goods being returned must be in the condition in which the Customer received them; the Customer must not attempt to modify, handle or repair them.
We reserve the right, at our sole discretion, to refuse returns of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above, or lacking a return form.
We also reserve the right to demand compensation for any damage caused by the Customer's negligent conduct or misconduct when returning products. We cannot be held liable for lost or stolen products beyond our control, or for returns to the wrong address, or for delivery delays of returned products beyond our control, it being understood that the Customer assumes all risks of returns. The Customer is also responsible for providing proof of return.
In the event of withdrawal when a product is faulty or not as described, the Customer will be refunded all payments made to us, according to the method of payment chosen for the purchase, and for the product for which withdrawal has been exercised, including standard delivery costs.
In any other scenario, return shipping will be charged at your expense including custom duties or fees were applicable and we will not be able to accept liability for lost or damaged returns.
The refund will be issued straight after the return has been accepted directly to the Credit/Debit Card or PayPal account used to make the original purchase and in the same currency. Refunds may apply an administrative charge to the Customer.
7. Limitation of liability
Excluding cases of defective products, willful default or gross negligence, we cannot be held liable to the Customer for any direct or indirect damage caused to him/her by the purchase of products offered for sale on the "Website". In case of non fulfillment of its obligations under the purchase agreement occurred with the Customer, The Private Markdown liability will be in any case limited to the price paid by the Customer for the relevant purchased product(s).
8. Product authenticity and intellectual property rights
We guarantee the authenticity and quality of all the products sold on the "Website".
THE PRIVATE MARKDOWN trademark, all the figurative and non-figurative marks and in general all other marks, illustrations, images and logos present on our products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of TPMD Srl Unipersonale, with registered office at Via Boccaccio, 50 – 50133 Florence, Italy. Reproduction in whole or in part, modification or use of said trademarks, illustrations, images and logos for any reason and on any medium is strictly forbidden without the prior express approval of TPMD Srl Unipersonale.
Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.
Reproduction in whole or in part, modification or use of drawings, models or patents that are the exclusive property of TPMD Srl Unipersonale is also strictly forbidden.
9. Force majeure
Performance of services by TPMD S.r.l. Unipersonale may be suspended in the event of unforeseeable circumstances or force majeure preventing or delaying their performance.
We will inform the Customer of said unforeseeable circumstance or force majeure within seven days of its occurrence. Should the suspension of the services last more than 15 days, the Customer may cancel the order and receive a refund of all amounts already paid, as in article 6 hereof.
10. Privacy
The Customer may always obtain information on how we process his/her personal data in our Privacy Policy.
11. Competent jurisdiction and applicable law
These Terms and all sales made on the "Website" are governed by Italian law and the Courts of Milan will have non-exclusive jurisdiction. The Customer can bring proceedings in the Milan courts. If the Customer lives in any other country in the EU, he/she may bring proceedings in respect of online purchases made on the "Website" in their home country.
For dispute settlement, the mediation procedure established under Italian Law can be used. Out-of-court dispute settlement is also possible, including through the use of the “Risolvi Online” conciliation service that is an Alternative Dispute Resolution service provided by the Arbitration Panel of the Milan Chamber of Commerce.
Online orders placed under these General Terms and Conditions of Sale are exclusively governed by Italian Law, and in particular by the legislative decrees n. 206 of 6th September 2005 ("Codice del Consumo"), excluding conflict laws and private international law. The Vienna Convention on the International Sale of Goods of 1980 does not apply.