Terms and conditions

ARTICLE 1 - SUPPLIER IDENTIFICATION.

1.1 The subscription service called "MyPaac" (from now on "Service"), subject to these General Conditions (from now on "Contract"), is provided by Pac S.r.l. - start-up established under art. 4, paragraph 10 bis, of the D.L. 24.01.2015 n. 3, with registered office in (81100) Caserta (CE), Viale Carlo III di Borbone n. 8, VAT number and registration number in the Caserta Business Register: 04519540613 (from now on "Supplier").

ARTICLE 2 - DEFINITIONS.

2.1 The Contract for the provision of the Service is a distance contract, under Legislative Decree 6 September 2005, n. 206 ("Consumer Code"), electronically confirmed between the Supplier and the User.

2.2 The term "User" means the consumer (natural person) who uses the Service and/or purchases individual items of clothing for purposes unrelated to any commercial or professional activity.

ARTICLE 3 - CONTRACTUAL FEATURES.

3.1 The Service is jointly governed by this Agreement and the economic conditions of the individual subscription plans, which form an integral and substantial part thereof. All the economic conditions of the Service are available on the website www.thepaac.com (from now on the "Site"), a domain owned and exclusively available by the Supplier.

ARTICLE 4 - SERVICE CHARACTERISTICS.

4.1 The Service allows you to receive sets of 4 different items of clothing (from now on "Items"), which will be delivered in a special box (from now on "Paac") at the address indicated by the User. The items received may be used by the User for a subscription cycle lasting 14 days or 28 days, depending on the selected plan, including the date of delivery and return of the Paac (from now on "Subscription cycle"). Upon expiry of the subscription cycle and at the same time as the delivery of the next Paac, the User must return the items that he does not intend to purchase (from now on "Return") in the manner referred to in Article 12. Alternatively, the User will have the right to purchase one or more Paac items in the manner referred to in article 14.

4.2 Alternatively, the User can activate the service called "MyEventPaac", which allows the user to receive, once only, a set of 4 items, at the cost indicated in the economic conditions available on the Site. The items received may be used by the User to 7 days including the date of delivery and return of the Paac. These general terms and conditions apply, insofar as they are compatible.

ARTICLE 5 - REGISTRATION AND CONCLUSION OF THE CONTRACT.

5.1 The Contract is concluded with the acceptance, by the Supplier, of a proposal to activate the Service formulated by the User exclusively via the internet, following the invitation to offer content on the Site.

5.2 To formulate the proposal referred to in the previous point, the User must register on the Site and follow the appropriate procedure, creating a personal account. The account will be operational once the insertion procedure and the verification of the requested data have been completed successfully. The User will have the possibility to modify the personal and payment data at any time.

5.3 The Supplier's acceptance will be communicated to the User by email. The Contract is not considered concluded and effective without the approval mentioned above.

ARTICLE 6 - ITEMS.

6.1 The Paac items will be proposed by the Supplier based on the preferences indicated by the User during registration and in the specific section of the Site. The User can, in any case, customise the Paac before shipping following the procedure and times envisaged by the Service and visible on the Site.

6.2 The Paac may be made up of new factory garments and/or renewed garments among those available on the Site. A renewed garment means a garment treated in the laundry. The regeneration is carried out every time a User does not purchase the item included in the Paac. This process is guaranteed by the Supplier who subjects each renewed garment to a scrupulous quality control.

6.3 All the garments will be equipped with a label for the traceability of the single garment in addition to the factory labels. The User must not remove any labels from the items she does not intend to purchase to allow them to be returned.

6.4 All Garments are of high quality, authentic and sourced from fashion brands selected by the Supplier. The essential characteristics of the items are presented on the Site within each product sheet. However, the images and colours of the garments may not correspond to the real ones due to the internet browser and monitor used.

6.5 If a garment is defective, damaged or does not correspond to what is indicated on the Site, the User may report it to the Supplier by sending an e-mail with a photo of the garment to Customer Service, which will provide assistance and response as soon as possible.

6.6 If the User cannot use one or more Garments due to a size and/or fit problem, he will not be able to return it before the expiry of the subscription cycle. The return must be made together with the other Garments that the User does not intend to purchase. "

6.7 Any liability of the Supplier for the failure to use one or more items due to a size problem is expressly excluded if this corresponds to that indicated by the User. In this case, the User will not be entitled to any refund and/or compensation.

ARTICLE 7 - FEES AND SUBSCRIPTION PLANS.

7.1 The cost of the Service ("Fee") is indicated in the Economic Conditions available on the Site. The Fee is expressed in Euro and includes VAT and any other legal tax.

7.2 For the MyPaac Basic plan, the Fee refers to the single subscription cycle and will be charged to the User at the time of shipment of each Paac. For the MyPaac Smart plan, the Fee refers to the first 2 subscription cycles and can be charged as soon as the Supplier accepts the contract; subsequently half of the amount indicated in the Economic Conditions will be charged to the User at the time of shipment of each Paac.

7.3 For the MyEvent Paac plan, the Fee refers to a single Paac and can be charged already at the time of acceptance of the contract by the Supplier.

7.4 The Fee varies according to the subscription plan selected by the User during registration. The User can choose between two subscription plans: "Smart" and "Basic" and the "Event" plan. The User can change the subscription plan in the Profile area.

7.5 The Basic and Smart subscription and the Event plan allow the user to receive a Paac consisting of both brand new items and renewed items from those available on the Site, at the sole discretion of the Supplier and without any possibility for the User to express the preference for brand new garments or renewed garments.

7.6 Regardless of the plan chosen by the User, the Fee includes: the delivery and collection costs of the Paac; the costs of the regeneration process to which each returned item is subjected; the costs for damages considered minor pursuant to Article 11.2.

7.7 The Provider reserves the right to change the Fee at any time by publishing the new rate in the Economic Conditions available on the Site. The change in the Fee will be applied to the subscription cycle following the date of publication on the Site. The User will promptly receive notification of the update in the fee by e-mail.

ARTICLE 8 - PAYMENT METHOD.

8.1 The Fee charge and any payment by the User can only be made through the method chosen during registration and subsequently modifiable in the Profile area.

8.2 All communications relating to payments are outsourced to specialised partners.

ARTICLE 9 - CREDITS FOR GOODS PURCHASE.

9.1 For each subscription Cycle, the User will receive a purchase voucher (from now on, "Credits") of the value indicated in the Economic Conditions.

9.2 The Provider reserves the right to change the value of the Credits at any time by publishing the new value in the economic conditions available on the Site. The variation in the value of the Credits will be applied to the subscription cycle following the publication date on the Site. The User will be promptly notified of the change in the value of the Credits by e-mail.

9.3 Credits are not redeemable and can be used exclusively for purchasing items of clothing from the Supplier within one year from the notification of the User's withdrawal, according to article 15.1.

9.4 The deactivation of the account by the User will result in the irreversible loss of the Credits.

ARTICLE 10 - SECURITY DEPOSIT.

10.1 At the time of the request for activation of the Service, the Supplier reserves the right to request the User to pay the amount indicated in the Economic Conditions, to guarantee payment of the Fee and the correct use of the Items received and not purchased (from now on "Security Deposit").

10.2 The Security Deposit will be returned to the User following the withdrawal from the Service, subject to verification, by the Supplier, of the condition of the Items contained in the last Paac and the absence of damages other than those considered minor according to article 11.2.

10.3 If the cost of the Service is not available at the time of the relative charge, the Supplier may withhold the relative amount from the Security Deposit.

10.4 If one or more items show damages other than those considered minor damages pursuant to article 11.2, the Supplier may withhold the repair cost of the damaged items from the Security Deposit. If the repair is not possible or is considered to compromise the garment objectively or to determine its future usability, or in any case, economically inappropriate, the Supplier may withhold from the Guarantee Deposit the entire price of the damaged garment (s) indicated on the Site. In any case, the Supplier's right to request and obtain compensation for damages not covered by the Guarantee Deposit remains unaffected.

10.5 Upon the occurrence of one of the hypotheses referred to in points 10.3 and 10.4 above, the Supplier will promptly notify the User by e-mail. Within 5 working days of receiving the communication mentioned above, the User must integrate or replenish the Guarantee Deposit up to the amount indicated in the Economic Conditions. Failing this, the Supplier may interrupt the Service and request the return of the Paac and the items contained therein.

ARTICLE 11 - ITEMS USAGE AND DAMAGES.

11.1 The User undertakes to use the Garments with care to prevent the occurrence of damage. The User is responsible for the items received from the time of delivery of the Paac. The User must return the items she does not intend to purchase in the same state they are received at the time of delivery of the Paac, except for normal deterioration or consumption resulting from their correct use.

11.2 Minor damage is stains and creases that can be removed with the normal reconditioning process in the laundry. The list mentioned above is exemplary and not mandatory. The Fee covers minor damages, and the Supplier will not request any reimbursement of expenses or damages for these.

11.3 Damages other than those indicated in the previous point will be estimated from time to time by the Supplier, who may request compensation from the User, except for the provisions of article 10.4.

ARTICLE 12 - ITEMS RETURN.

12.1 The User must return the items she does not intend to purchase at the end of the subscription cycle. To this end, the User must place the items in the same Paac received, which he will deliver to the courier.

12.2 The User will not be required to wash the garments before the return.

12.3 In case of loss or deterioration of the Paac, the User must arrange, at his own expense, to insert the items in another postal package of the same volumetric weight.

12.4 The Paac or other postal package containing the returned items will be collected at the same time as the delivery of the next Paac or, in any case, at the end of the Service, as specified in the following article 13.

12.5 All information and instructions useful for the Return are indicated on the Site.

ARTICLE 13 - DELIVERY AND WITHDRAWAL OF THE PAAC.

13.1 The delivery and/or collection of the Paac will be made at the address indicated by the User at the time of registration on the Site or subsequently in the Profile area through the courier selected by the Supplier (from now on "Courier").

13.2 If the Courier fails to deliver and/or collect the Paac due to the User's unavailability, it will make a second attempt. Suppose the User will be unavailable even on the second attempt. In that case, the Courier will leave a notice, and the User will have to collect and/or return the Paac at the delivery point indicated in the notice mentioned above within 3 days.

13.3 Any liability of the Supplier for any inefficiencies or delays in the delivery and/or collection of the Paac attributable to the Courier is expressly excluded, as well as unforeseeable circumstances or force majeure.

13.4 The User can track the delivery of the Paac in the Profile area.

ARTICLE 14 - PURCHASE OF ITEMS.

14.1 The Paac items retained by the User or in any case not returned within the term and in the manner referred to in Article 12 will be considered purchased by the User, who will be charged the relative cost indicated on the Site. The charge will be made net of residual credits.

14.2 The User can purchase all the brand new items and/or renewed items among those available on the Site, even if not included in the Paac and regardless of the activation of the subscription service.

14.3 The cost of the item will be charged at the time of the completion of the purchase order (from now on, "Order"). In case of availability of Credits, the User will have the right to deduct the relative amount from the purchase price of the Item indicated on the Site.

14.4 The shipping costs of the items purchased outside the subscription service are charged to the User to the extent indicated on the Site before completing the Order.

ARTICLE 15 - TERMINATION.

15.1 The User may withdraw from the Service at any time, without any penalty or specifying the reason, by informing the Supplier electronically through the appropriate procedure provided on the Site in the Profile area. After exercising the withdrawal in the manner indicated above, the Supplier will not send any Paac. Suppose the withdrawal is communicated after the Paac has been shipped. In that case, the Supplier will not refund the Fee already charged, and the User will be able to use the Items received for the duration of the subscription cycle. At the end of the subscription cycle, the User will return the items she does not intend to purchase, as explained in Article 12.

15.2 The User, according to the provisions on distance contracts and contracts negotiated away from business premises, may also exercise the right of withdrawal, in the forms and methods provided for in articles 52 ss. of the Consumer Code, within 14 days from the date of completion of the Contract. This does not compromise what is indicated in the previous point. Specifically, the User must send written communication, by registered letter with return receipt, to the postal address of the Supplier's registered office indicated in Article 1.1, in which he expressly expresses the will to withdraw from the Contract and report the date on which the Contract itself was concluded. The User will be obliged to return any Paac received promptly, and the items contained therein to the Supplier within 14 days from the date of communication of the withdrawal. The return mentioned above will be made by post, and the User will bear the relative cost. The Supplier will reimburse, within 14 days from the receipt of the request for withdrawal, the payments made by the User through the same methods, unless otherwise indicated. By accepting these General Conditions, the User expressly requests the activation of the Service during the withdrawal period provided for in article 52 and the following ones of the Consumer Code. Suppose the Servically activated by the Provider within this period. In that case, the User will be required to pay the costs of the Service used up to the time of communication of the withdrawal.

15.3 Regardless of the activation of the subscription Service, the User may withdraw from any Purchase Order, in the forms and methods provided for in articles 52 and following of the Consumer Code, within 14 days from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the ordered item. To exercise the right of withdrawal, the User must send a written communication to the Supplier, expressly expressing the will to withdraw from the Order. The User will be obliged to promptly return the purchased item within 14 days from the date of communication of the withdrawal. The return mentioned above must be made to the address indicated by the Supplier in response to the notice of withdrawal, and the User will bear the related costs. The Supplier, after checking the conditions of the Head, will reimburse, within 14 days from the date of receipt of the request for withdrawal, the payment made by the User using the same methods used by the same, unless otherwise indicated.

ARTICLE 16 - COMMUNICATIONS AND COMPLAINTS.

16.1 For any request for clarification or information and any other communication, the User may contact the Supplier at the following e-mail address: [email protected]. The User Service will provide assistance and response as soon as possible.

ARTICLE 17 - LIMITATIONS OF LIABILITY.

17.1 Without prejudice to the provisions of articles 6.7 and 13.3, the Supplier will not be liable to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control.

ARTICLE 18 - PROTECTION OF CONFIDENTIALITY AND TREATMENT OF PERSONAL DATA.

18.1 The processing and protection of personal data provided by the User for the activation of the Service and/or the purchase of items will take place in a manner suitable for guaranteeing their security and confidentiality, in compliance with the EU Regulation of 26 April 2016, number 679 ("General Regulation on the Protection of Personal Data - GDPR").

18.2 The User's personal data will be processed exclusively for purposes related to the provision of the Service and, subject to their consent, for further purposes as illustrated in the privacy policy.

ARTICLE 19 - JURISDICTION.

19.1 For any dispute relating to the application, execution, interpretation and violation of the Contract, the Court in which the User has his residence or domicile if located in the territory of the Italian State, or the Court of Modena if the User has their residence or domicile abroad.

ARTICLE 20 - FINAL PROVISIONS.

20.1 The Contract is governed by Italian law and is subject to changes and/or additions imposed with specific acts and/or provisions of a legislative and regulatory nature.

20.2 These General Conditions have been viewed and accepted by the User, who acknowledges them, as this step is made mandatory before the conclusion of the Contract.

20.3 This document, viewed and accepted by the User, also intends to fulfil the information obligations to which the Supplier is required by the regulatory provisions set out in the Consumer Code for distance contracts and contracts negotiated away from business premises.