1.1 These General Terms and Conditions of Online Sale (the “General Terms”) apply to all contracts of sale entered into between Drop S.r.l. (registered office at Via Sandro Pertini No. 1, Montegranaro (FM), 63812, Tax Code and VAT No. 01383870431, hereinafter “Drop” or the “Seller”), which markets, on behalf of La Perla Atelier S.r.l. (registered office in Modena (MO), Via S. Giacomo No. 25, 41121, Tax Code and VAT No. 04214740369, hereinafter “La Perla” or the “Manufacturer/Supplier”), Sites bearing the “LA PERLA” trademark offered for sale through the online shop available at www.laperla.com (the “Website”), and the customer who, pursuant to Article 3 of Italian Legislative Decree No. 206/2005 (the “Italian Consumer Code”), qualifies as a consumer, i.e. a natural person acting for purposes outside any business, commercial, craft or professional activity carried out (the “Customer”), on the basis of orders submitted electronically through the Website. Drop therefore reserves the right not to process orders placed by persons other than Customers as defined above.
1.2 By accepting these General Terms when purchasing a product through the Website, the Customer acknowledges that they have carefully read their contents and agrees to comply with them. The Customer may not purchase products through the Website without accepting these General Terms.
1.3 These General Terms shall apply regardless of the Customer’s nationality, provided that delivery of the Products is made to one of the countries where the online sales service is available. The list of such countries is available on the Website homepage under the “Shipping & Delivery” section.
2. Amendments to the General Terms
2.1 Drop reserves the right to amend these General Terms from time to time where such amendments are necessary to ensure compliance with newly enacted laws or regulations, for technical reasons, to align these General Terms with the sales models adopted by Drop, or to better protect the rights of the parties. The most up-to-date version of the General Terms will be published on the Website from time to time. In any event, each purchase shall be governed by the version of the General Terms in force at the time the relevant order is submitted.
3. Account Creation
3.1 In order to purchase Products available on the Website, the Customer must either: (i) log in to the Website using the authentication credentials obtained following the creation of an account in the Customer's name; (ii) create a new account on the Website; or (iii) proceed with the purchase as a Guest, without creating an account.
3.2 To create a new account on the Website, the Customer must: (i) accurately complete the registration form by providing all the information requested therein (including, by way of example but not limited to, first name, surname, email address, username and password); (ii) confirm that they have read the Privacy Policy available on the Website and provide any additional consents, where required; and (iii) confirm the registration.
3.3 When creating an account on the Website, the Customer shall choose a username and password in accordance with the password requirements specified on the Website from time to time. The Customer acknowledges and agrees that the Website login credentials are personal and must not be disclosed or transferred to any third party. The Customer undertakes to keep the password confidential and to notify Drop immediately of any unauthorised use of the account or any loss or theft of the login credentials by sending a written communication to Drop at the contact details set out in Article 16, including a detailed description of the incident together with a copy of a valid identity document. Upon receipt of such notification, Drop will deactivate the Customer's existing login credentials and provide new credentials. Drop shall not be liable for any loss or damage arising from the Customer's failure to keep the password secure or to promptly notify Drop of any unauthorised use, loss or theft of the password. The Customer shall be solely responsible towards both La Perla and Drop for any loss and/or damage arising from any unauthorised use of their account.
3.4 Registration on the Website is free of charge. However: (i) the Customer shall bear the cost of the Internet connection used to access the Website, in accordance with the tariffs, terms and conditions applied by the relevant telecommunications provider; and (ii) the purchase of any Product through the Website entails the Customer's obligation to pay Drop the purchase price due for such Product.
3.5 Following successful registration on the Website, the Customer will receive a confirmation email at the email address provided during the registration process.
3.6 The Customer may delete their account at any time by sending an email to Drop at the address indicated in Article 16 below. Upon receipt of such communication, any contractual relationship between the Customer and Drop—without prejudice to any purchase orders submitted prior to the deletion request—shall be deemed terminated, and the Customer's username and password shall be deleted.
4. Guest Checkout
4.1 The Customer may also purchase Products through the Website as a Guest, without creating an account. In such case, the Customer must: (i) accurately complete the relevant form available on the Website by providing all the information requested therein (including, by way of example but not limited to, first name, surname, billing address, delivery address and email address); (ii) confirm that they have read the Privacy Policy available on the Website and provide any additional consents, where required; and (iii) accept these General Terms.
4.2 Upon completion of the relevant form, the Customer may select one of the payment methods listed in Article 8.1 below and electronically submit their purchase order to Drop.
5. Conclusion of the Purchase Contract
5.1 To place an order, the Customer shall select the desired Products and add them to the shopping cart, without prejudice to the Customer's right to modify or remove the contents of the shopping cart at any time prior to submitting the purchase order.
5.2 The submission of a purchase order through the Website constitutes a binding offer by the Customer to purchase the selected Products and, consequently, to enter into a purchase contract, which shall be governed exclusively by these General Terms (the "Contract").
5.3 Before confirming the purchase order, the Customer shall carefully review the order summary to verify that all the information provided is accurate and complete. Any data entry errors may be corrected using the appropriate editing functions available on the Website. Once the purchase order has been submitted, no further amendments may be made.
5.4 Upon receipt of the purchase order, Drop will send the Customer an email acknowledging receipt of the order, containing the order number and the details of the purchase (the "Acknowledgement of Receipt").
5.5 The Customer shall retain the order number contained in the Acknowledgement of Receipt for the purpose of any future communications with Drop.
5.6 The Acknowledgement of Receipt does not constitute acceptance of the purchase order. The Customer's offer to enter into the Contract shall be deemed accepted only upon execution of the order and issuance of the relevant invoice. Until such time, Drop reserves the right to reject the order at its sole discretion. Should the order not be accepted, Drop shall promptly notify the Customer and refund any amounts already paid in accordance with Article 8.7.
6. Product Selection
6.1 The Customer may purchase only those Products included in the catalogue published on the Website and available at the time the purchase order is submitted. The product catalogue may be updated periodically; therefore, Drop does not guarantee that any specific Product will remain available, nor that all sizes, versions or colours of each Product displayed in the catalogue will be available at all times.
6.2 Each Product is accompanied by a description outlining its main features. The images and colours of the Products shown in the product descriptions may not correspond exactly to the actual Products due to the settings of the Customer's computer systems or devices used to access the Website. Accordingly, all images are to be regarded as indicative only and subject to normal tolerances.
6.3 Products displayed on the Website are available while stocks last. Should a selected Product become unavailable, despite being displayed as available at the time of purchase, Drop shall promptly notify the Customer by email and refund any amounts already paid by the Customer in accordance with Article 8.7.
7. Product Prices
7.1 The sale prices displayed on the Website include VAT, where applicable according to the country to which the Products are to be shipped.
7.2 The sale prices applicable to the Customer are those published on the Website at the time the purchase order is submitted. Such prices may be changed without prior notice. It is the Customer's responsibility to verify the final price before submitting the purchase order.
7.3 Should an obvious error be identified in the price of a Product or in the calculation of the amount payable, Drop shall not accept the relevant purchase order and will contact the Customer in order to allow the submission of a corrected purchase order.
7.4 Drop reserves the right to apply different sale prices depending on the country of destination of the Products.
7.5 All prices displayed on the Website are exclusive of shipping costs, which, where applicable, will be indicated during the checkout process before the relevant purchase order is submitted.
8. Payments; Invoicing; Refunds
8.1 The payment methods available to the Customer are listed below:
Credit card (Visa, Mastercard, American Express, Maestro);
PayPal;
Google Pay;
Apple Pay;
Klarna;
Scalapay.
8.2 The payment system accepts only cards belonging to the Visa, Mastercard, American Express and Maestro networks (Visa Electron cards not enabled for online payments are excluded).
8.3 In the event of payment by PayPal, the Customer will be redirected to a page on the PayPal website where, after entering their email address and password, the payment will be completed. Payment may only be made through a verified PayPal account; for further information, the Customer may refer to the PayPal website. To use Google Pay, the Customer must use Google Chrome, be logged into their Google account and have a payment card added to their Wallet. To use Apple Pay, the Customer must use Safari, be logged into their cloud account through their Apple ID and have a payment card added to their Wallet.
8.4 Credit card data are processed directly by the banks/payment service providers specialised in the management of online payments; PayPal data are processed directly by PayPal. The information is encrypted using state-of-the-art encryption systems which prevent its use by third parties and is not shared with Drop, but is sent directly to the relevant bank or to PayPal.
8.5 In the case of purchases made by credit card or PayPal, the transaction will be authorised at the time the purchase order is placed. Drop shall not accept the purchase order if payment authorisation is not granted by the relevant payment provider.
8.6 Drop reserves the right to request additional information from the Customer (for example, telephone number) or the submission of copies of documents proving ownership of the credit card used, solely for the purpose of carrying out checks necessary for payment by credit card and for the further protection and safeguard of the Customer. In the absence of the requested documentation, Drop reserves the right not to accept the purchase order.
8.7 In the event of cancellation of the order, or non-acceptance of the order, Drop shall refund the Customer, as soon as possible, any amounts already paid. Refunds of amounts paid by the Customer to Drop shall be made using the same payment method used by the Customer for the purchase. Refunds will be processed according to the timing and procedures of the provider of the relevant payment method. Where the recipient of the order indicated in the purchase order does not correspond to the person who paid the amounts due for the purchase, the refund, in the event of cancellation of the order, non-acceptance of the order or exercise of the right of withdrawal, shall in any case be made to the person who made the payment.
8.8 It is specified that, in online sales, pursuant to Article 22 of Presidential Decree No. 633 of 26 October 1972 and Article 2, letter oo), of Presidential Decree No. 696 of 21 December 1996, as confirmed by Resolution No. 274/E of 5 November 2009, the seller is not required to issue an invoice, receipt or fiscal receipt to a consumer purchaser, i.e. a purchaser who does not hold a VAT number. However, the Customer may request that Drop issue a tax invoice, if desired, during the purchase process. In such case, Drop shall send the requested invoice to the email address provided during registration or in the order form. For the purposes of issuing the invoice, the information provided by the Customer at the time of the order shall prevail. Once the invoice has been issued, it will not be possible to amend the data indicated therein; therefore, the Customer is invited to carefully check the data entered before submitting the order. If the invoice is not requested during the purchase process, it may not, under any circumstances, be requested or issued afterwards. If the Customer does not request the issuance of an invoice, Drop shall in any case send — to the email address or residential address indicated during registration or in the order form — a purchase receipt with no fiscal validity, useful solely for assistance or warranty purposes.
9. Shipping and Delivery of Products
9.1 Products purchased on the Website shall be delivered to the delivery address indicated by the Customer during registration on the Website or when purchasing the Product. Delivery of the Products shall be carried out by affiliated couriers to the delivery address indicated by the Customer in the order form. Couriers may not be able to deliver to locations that are particularly difficult to reach; in such cases, Drop shall notify the Customer that the order has not been accepted.
9.2 When the Products are handed over to the courier, the Customer shall receive an email confirmation from Drop containing the tracking code, which will allow the Customer to monitor the shipment at all times (the "Shipping Confirmation"). The shipping date of the Products shall coincide with the date on which the Products are handed over to the courier appointed for delivery.
9.3 Delivery times and costs vary depending on the country of destination. In any case, delivery times are indicative and not binding upon Drop, without prejudice to the provisions of Article 10. The shipping costs of the Products shall be borne by the Customer and will be communicated during the purchase process, before the order is submitted, without prejudice to the provisions set out below. La Perla reserves the right to modify the charging of shipping costs as described above, for example by providing free shipping only for purchases exceeding a certain spending threshold and/or only for certain countries of delivery and/or only on certain days or during certain periods of the year, by giving notice thereof on the Website and informing the Customer during the purchase process before the order is submitted. Shipments to all non-EU countries shall be made under the DDP (Delivery Duty Paid) formula, whereby customs duties and local taxes shall be borne by La Perla and no amount shall be due from the Customer in addition to the final order amount.
9.4 Upon delivery of the Product(s), the Customer is required to check that: (i) the number of packages corresponds to the number indicated in the transport documents; and (ii) the packaging is intact and shows no signs of damage, tampering or alteration. If this check is not satisfactory, the Customer must immediately raise the relevant complaints with the courier, refusing the Product or accepting it with a written reservation on the transport document. Failing this, once the courier’s document has been signed, the Customer may not raise any objection regarding the external characteristics of what has been delivered. Furthermore, the Customer must inform Drop of the incident by contacting Customer Service pursuant to Article 16 no later than 8 (eight) days from the date of delivery of the Product, in order to report any issues relating to the physical integrity, correspondence or completeness of the Products received. In any event, the Customer’s right to the legal guarantee of conformity under Article 13 below and the right of withdrawal under Article 14 below shall remain unaffected, where the legal requirements are met.
10. Late Delivery
10.1 Where the Contract has been concluded and the Products ordered by the Customer have not been delivered within the communicated delivery timeframe, the delivery period shall be extended for a maximum period of 30 (thirty) days from the date of conclusion of the Contract.
10.2 In accordance with Article 61 of the Italian Consumer Code, if Drop fails to deliver the Products within the period referred to in Article 10.1, the Customer shall be entitled to:
withdraw from the Contract in accordance with the procedure set out in Article 14.2 and obtain a refund pursuant to Article 14.4; or
require Drop to deliver the Products within an additional period appropriate to the circumstances. If such additional period expires without delivery of the Products, the Customer shall be entitled to terminate the Contract, without prejudice to the right to reimbursement of all amounts paid under the Contract and, where applicable, compensation for any damages suffered.
11. Collection of Products
11.1 If the Products cannot be delivered due to the Customer's absence or for any other reason (including, without limitation, incorrect address, non-existent address, refusal to accept delivery, etc.), a further delivery attempt will be made or the courier will hold the Products at its warehouse until they are collected by the Customer, who will be informed by means of a delivery attempt notice. If the Products are not collected within the period specified in the delivery attempt notice, they shall be returned to Drop. In such event, the Contract shall be terminated by operation of law pursuant to Article 1456 of the Italian Civil Code, upon written notice sent by email to the Customer, and the relevant purchase order shall be cancelled. Within 15 (fifteen) days thereafter, Drop shall refund the price paid by the Customer for the Products, deducting the costs of the unsuccessful shipment, the costs of returning the Products and any other expenses incurred as a result of the failed delivery caused by the Customer's absence or failure to accept delivery.
11.2 Following the communication referred to in Article 11.1, any Customer wishing to receive the previously ordered Products shall be required to submit a new purchase order, without prejudice to Drop's right to refuse such order.
12. Customer Representations and Warranties
12.1 The Customer represents and warrants that:
they are legally entitled to accept these General Terms;
they are at least 18 years of age;
the personal data and all other information provided to Drop during registration on the Website or when purchasing a Product are true, accurate and up to date;
they will use the Website in compliance with all applicable laws and regulations and will refrain from any direct or indirect use of the Website that is unlawful, contrary to these General Terms or infringes the rights of third parties.
Drop reserves the right to verify, at any time and by any means available to it, the information provided by the Customer, including by requesting appropriate supporting documentation and, in the event of any breach, to suspend or permanently close the Customer's account.
12.2 The Customer agrees to indemnify and hold harmless Drop against any liability, claim, action, cost, expense or demand arising from the Customer's breach of the representations and warranties set out in Article 12.1, without prejudice to Drop's right to terminate the Contract with immediate effect pursuant to Article 1456 of the Italian Civil Code.
13. Legal Guarantee of Conformity
13.1 The Products sold to the Customer through the Website are covered by the Manufacturer's/Supplier's Legal Guarantee of Conformity pursuant to Articles 128 et seq. of the Italian Consumer Code (the "Legal Guarantee"). In order to benefit from the Legal Guarantee, the Customer must retain and produce the invoice (or purchase receipt or delivery note) received upon delivery of the Products.
13.2 The Legal Guarantee may be invoked for any lack of conformity existing at the time of delivery of the Product, provided that such lack of conformity becomes apparent within 2 (two) years from the date of delivery. The Customer shall notify the lack of conformity by contacting Customer Service in accordance with Article 16. Such notification must include a complete and accurate description of the alleged defects or non-conformities. Upon receipt of the notification, Customer Service shall acknowledge the Customer's communication and provide instructions for the return of the defective Product.
13.3 The Customer may, at their discretion, request that the Product be repaired or replaced free of charge, unless the remedy requested is objectively impossible or disproportionately costly compared to the alternative remedy, taking into account all the circumstances and, in particular, those referred to in Article 135-bis, paragraph 2, of the Italian Consumer Code.
13.4 The Manufacturer/Supplier may refuse to restore the conformity of the Products by repair or replacement where such remedies are impossible or where the costs that would be incurred by the Manufacturer/Supplier would be disproportionate, taking into account all the circumstances, including those referred to in Article 135-bis, paragraph 2, letters (a) and (b), of the Italian Consumer Code.
13.5 The Customer may, at their discretion, request an appropriate reduction of the purchase price or termination of the Contract where one of the following circumstances occurs: (i) the Manufacturer/Supplier has failed to carry out the repair or replacement, or, where applicable, has failed to complete the repair or replacement in accordance with Article 135-ter, paragraphs 1, 2 and 3, of the Italian Consumer Code, or has refused to restore conformity pursuant to Article 13.4 above; (ii) the lack of conformity reappears despite the Manufacturer's/Supplier's attempt to restore conformity; (iii) the lack of conformity is so serious as to justify an immediate price reduction or termination of the sales contract; (iv) the Manufacturer/Supplier has declared, or it is evident from the circumstances, that it will not restore the conformity of the Product within a reasonable period or without causing significant inconvenience to the Customer. The Customer shall not be entitled to terminate the Contract where the lack of conformity is of minor significance.
13.6 Where, following collection and inspection of the Product, the reported lack of conformity is confirmed, any transport, repair or replacement costs shall be borne by the Manufacturer/Supplier. Conversely, if the reported lack of conformity is not confirmed, or if the conditions for the application of the Legal Guarantee are not met, the Legal Guarantee shall not apply and all transport costs, together with any costs incurred in verifying the alleged lack of conformity, shall be borne by the Customer, who shall be informed accordingly.
13.7 The Customer acknowledges and agrees that the Legal Guarantee does not cover defects or damage arising after delivery of the Product, including, by way of example, defects or damage resulting from improper use of the Product by the Customer or by any third party.
14. Right of Withdrawal
14.1 Pursuant to Articles 52 et seq. of Italian Legislative Decree No. 206/2005, as amended (the Italian Consumer Code), the Customer has the right to withdraw from the Contract, without giving any reason, within 14 (fourteen) days from the date on which the Products are delivered, or from the day on which the Customer, or a third party designated by the Customer, acquires physical possession of the Products. Where the Customer has ordered multiple Products under a single purchase order and such Products are delivered separately, the withdrawal period shall expire 14 (fourteen) days after the delivery of the last Product. The right of withdrawal shall not apply to those categories of Products expressly excluded pursuant to Article 59 of Italian Legislative Decree No. 206/2005, as amended (for example, Products made to the Customer's specifications or clearly personalised).
14.2 In accordance with Article 54 of the Italian Consumer Code, the Customer may exercise the right of withdrawal by using, at their discretion, one of the following methods:
completing the online return request form available in the "Return Request" section in the Website footer;
completing the online return procedure by accessing their account, selecting the "My Orders" section, clicking "Request Return" next to the relevant order number and following the instructions until the return has been successfully registered;
sending the Seller an explicit declaration of the intention to withdraw from the Contract by email to customercare@laperlaatelier.com.
In all cases, the Customer must indicate the order number shown in the Acknowledgement of Receipt referred to in Article 5.4, either in the withdrawal email or in the return request form.
14.3 Upon receipt of the withdrawal request, Drop shall promptly send the Customer an acknowledgement of receipt by email together with the documentation containing the instructions for returning the Product.
14.4 In the event of withdrawal, the Customer shall be reimbursed for all amounts paid to Drop at the time of purchase, including the delivery costs where all Products purchased are returned, with the exception of any additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard delivery option offered. The refund shall be made without undue delay and, in any event, no later than 14 (fourteen) days from the date on which Drop is informed of the Customer's decision to withdraw from the Contract.The refund shall be made using the same payment method used by the Customer for the original transaction. Returns of Products shipped from European Union countries are free of charge where the Customer uses the return collection service made available by the Seller. If the Customer chooses not to use such service and returns the Products independently, all related costs (including insurance costs) shall be borne by the Customer. The cost of returning Products shipped from non-EU countries shall be borne by the Customer. Where the Customer uses the return collection service provided by the Seller, such costs shall be deducted from the refund due following the exercise of the right of withdrawal. The applicable deductions are as follows:
GBP 40 for the United Kingdom;
CAD 90 for Canada;
USD 60 for the United States;
EUR 60 for all other destinations (converted into the relevant local currency at the exchange rate applicable on the date of the refund).
La Perla reserves the right to amend its return shipping policy from time to time, for example by offering free returns for partial returns, returns above a specified value, returns from selected countries, or during specific promotional periods. Any such changes will be published on the Website and communicated to the Customer during the return procedure. Customs duties relating to returns from non-EU countries shall be borne by La Perla only where the Customer uses the return collection service provided by the Seller. Accordingly, customs duties shall remain the responsibility of the Customer where the Customer chooses, at their sole discretion, not to use the Seller's return collection service.
14.5 Unless the Customer has agreed to use the return collection service made available by Drop, the Customer shall return the Products to Drop, at their own care and expense, without undue delay and, in any event, no later than 14 (fourteen) days from the date on which they notified Drop of their decision to withdraw from the Contract. The deadline shall be deemed complied with if the Customer dispatches the Products before the expiry of the 14 (fourteen)-day period to the following address: LA PERLA ATELIER S.r.l. Via Enrico Mattei, 10/A 40138 Bologna (BO) Italy Drop may withhold the reimbursement due following the exercise of the right of withdrawal until it has received the returned Products or until the Customer has provided evidence of having returned the Products, whichever occurs first.
14.6 The Customer shall return the Products in their original condition, undamaged, with the original labels still attached, with any security or anti-tampering tags still attached where applicable, and in their original packaging. In particular, the returned Products must not have been worn, used, washed or altered in any way. Returns of incomplete, damaged, used or altered Products shall not be accepted. The Products must be packaged with due care in order to protect the original packaging from damage, markings or labels. Where the order included complimentary promotional items, such complimentary items must also be returned.
14.7 Where the right of withdrawal has lapsed due to expiry of the applicable time limits, or where the returned Products do not comply with the conditions set out in Article 14.6, Drop shall notify the Customer accordingly by registered letter with acknowledgement of receipt. If the Products have already been returned, they shall remain available for collection by the Customer, at the Customer's own expense, from the following address: LA PERLA ATELIER S.r.l. Via Enrico Mattei, 10/A 40138 Bologna (BO) Italy If the Customer fails to collect the Products within 120 (one hundred and twenty) days from receipt of the registered letter, neither Drop nor La Perla shall bear any further responsibility for the safekeeping of the returned Products.
15. Personal Data Protection
15.1 La Perla is the Data Controller of the Customers' personal data. Drop processes Customers' personal data as Data Processor, having been appointed pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR). The purposes and methods of processing are set out in the Privacy Policy available in the Website footer under the "Privacy Policy" section.
16. Customer Service
16.1 Customer Service, which Customers may contact for any information, assistance or complaints, can be reached by email at customercare@laperlaatelier.com or by telephone at +39 02 40043682.
18.1 These General Terms shall be governed by the laws of Italy. The application of conflict of law rules, the rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG), adopted in Vienna on 11 April 1980, is expressly excluded. Nothing in these General Terms shall prejudice the mandatory provisions of the law of the country in which the Customer has their habitual residence.
18.2 Any dispute arising between the parties in connection with the validity, interpretation, performance or termination of these General Terms or of any individual Contract shall, where the Customer elects to bring proceedings before the ordinary courts, fall within the exclusive jurisdiction, at the Customer's discretion, of either:
the Court of Fermo (Italy); or
the courts of the country in which the Customer has their habitual residence or domicile, provided that such country is a Member State of the European Union.
The Seller shall bring any proceedings arising out of these General Terms before the competent court of the country in which the Customer has their habitual residence, where such country is a Member State of the European Union; otherwise, the competent court shall be the Court of Fermo (Italy).
