TERMS AND CONDITIONS OF SALE
This document contains the terms and conditions of sale (hereinafter the "Conditions"), as well as the legal terms governing the use of this website: www.tcxboots.com (the "Site") marketing the purchase of items bearing the "Dainese", "AGV" and "TCX" brands contained therein. The products purchased on the Site are sold directly by DAINESE S.p.A. with registered office in Italy, Via Louvigny, 35 - 36064 - Colceresa (VI), a company subject to management and coordination by Shield S.p.A. - VI, registered with the Register of Companies of Vicenza no. IT03924090248, tax ID and VAT number IT03924090248 (hereinafter the "Seller" or "Dainese"). For any requirements, the Seller may be contacted at Customer Support, or by telephone on: +39 0444 130360.
The Site is owned by the same company DAINESE S.p.A. as identified above.
The use of the distance selling service described in these Conditions is reserved exclusively for consumers residing in Andorra, Bosnia and Herzegovina, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Gibraltar, Greece, Hungary, Iceland, Ireland, Isle of Man, Kuwait, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, the Netherlands, New Caledonia, New Zealand, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, South Africa, Sweden, United Arab Emirates (the "Countries").
These Conditions may be printed and retained by any person who has visited the Site and are to be considered applicable and in force as long as they are accessible from the Site.
Orders may be placed in English. All prices are in euros for all countries except Canada where prices are expressed in USD.
ARTICLE 1. OBJECT
1.1 These Conditions refer to the offer and sale of all "Dainese", "AGV" and "TCX" brand products and trademarks under exclusive license to Dainese S.p.a. (the "Products") and ancillary services carried out remotely via telematic network on the Site.
1.2 The Seller reserves the right to amend these Conditions at any time, including in consideration of any regulatory changes. The new Conditions shall be effective as of the date they are posted on the Site. Any deletion of these Conditions from the Site implies the automatic and irrevocable inapplicability, ineffectiveness and unenforceability of the same vis-à-vis the Seller in relation to purchases made after their deletion from the Site and also in the event that said Conditions can nevertheless be consulted and/or accessed by the public through other Internet sites other than that indicated above.
1.3 In relation to sales of customized products and/or in any case products manufactured for the specific Customer as a result of his or her specific order (i.e. customized products with the CUSTOM WORKS service) the "Particular Conditions of Sale of Customized Products" indicated at the following link: shall apply, which shall be deemed to prevail over these general conditions of sale in the parts that are incompatible with them.
1.4 In connection with the request for the provision of ancillary services to be performed by the Seller, such as cleaning/repair services for garments (the "Services"), the specific and additional special conditions described in the pages of the individual services will also apply.
ARTICLE 2. SUBJECTS
2.1 Seller: the company DAINESE S.p.A. with registered office in Italy, at Via Louvigny, 35 - 36064 - Colceresa (VI), a company subject to management and coordination by Shield S.p.A. - VI, registered with the Register of Companies of Vicenza no. IT03924090248, tax ID and VAT number IT03924090248.
2.2 Customer: the person identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these Conditions (hereinafter the "Customer"). It is strictly forbidden for the Customer to enter false, and/or invented, and/or fictitious names in the online order process and further communications. The Seller reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers. In addition, the Customer indemnifies the Seller from any liability arising from the issue of erroneous tax documents due to errors relating to the data provided by the Customer, the Customer being solely responsible for correct entry.
2.3 Consumer: Purchases on the Site are reserved for end consumers under the meaning given by law and case law. A consumer is defined as any natural person acting on the Site for purposes not related to his or her trade, business or professional activity, if any. Therefore, parties such as dealers, wholesalers, retailers, professionals, etc. who intend to resell the relevant products to third parties are excluded. Where the Seller believes that the Customer is involved in purchasing for resale, the Seller reserves the right to take appropriate action, including but not limited to restricting sales, canceling orders, and/or suspending or terminating the account used for the purchase.
ARTICLE 3. PRODUCTS
3.1 For each of the Products, a technical data sheet containing the main features and technical specifications of the same ("Product Sheet") is available on the Site. The image accompanying the Product Sheet, when included, presents the Product as accurately as possible; however, it may not be perfectly representative of the characteristics of the same (color, size, accessory products in the image). Therefore, the Customer is advised to refer to the freely available Product Sheet to learn more about the Product in question, particularly the features the Customer is looking for. The Seller will not be held liable for any inaccuracies between the Product Sheet and the image shown on the Site, as it is for illustrative purposes only.
3.2 For each of the Products, the relevant price is also indicated as specified in Article 4 below, to which the shipping costs to be calculated according to the delivery address indicated by the Customer shall be added.
3.3. After the termination of the contract, the Customer receives written confirmation of the ordered Product, its price, the amount paid, shipping and customer service information.
3.4 The Customer, through the specific section "CUSTOM WORKS", may customize the Products by adding logos, texts, numbers and images as long as these are not inappropriate, unlawful or of third-party property for which the Customer has not provided appropriate authorization from the rightful owner (the "Custom Products"). In this regard, it is specified that only the so-called Custom Colors are available for sale online; see the link Dainese Custom Works - Custom Color . In view of the individualized nature of Custom Products and the fact that they are produced specifically for the Customer, said Products cannot be returned, refunded or exchanged. Therefore, the right of withdrawal in Article 12 of this Contract is excluded with respect to such products. Once completed, the Custom Products will be shipped to the home address or other address indicated by the Customer, and cannot be collected by any other means. In any event, the Seller reserves the right to deny the customization or to cancel orders for Custom Products if such customization consists of or includes elements that are inappropriate, owned by third parties and without proper authorization, or are in any other way unlawful.
ARTICLE 4. SALES PRICES, TAXES AND DUTIES
4.1 Except as provided for in Article 4.5. below, all prices quoted are inclusive of VAT and all taxes or duties applicable in the Country. The prices applied are those indicated on the Site (product sheet or order form) at the time the order is submitted to the Seller and confirmed in the order confirmation.
4.2 The Customer understands that prices are subject to change; however, possible changes will not affect orders for which an order confirmation has already been sent. Prices are subject to change without notice, and the only correct price shall be the price stated at the time the order is confirmed by the Seller.
4.3 Although the Seller undertakes to do everything within its power to ensure that all prices appearing on the Site are correct, errors may occur. If errors are found in the price of the Products already ordered, the Seller will inform the Customer as soon as possible providing the option to reconfirm the order at the correct amount or cancel it. If it is not possible to get in touch with the Customer, the order will be cancelled and the full amount paid will be refunded.
4.4 The prices shown on the Site for each Product and/or Service do not include shipping charges. The total price shown in the final checkout screen includes shipping charges, where applicable, which will be reiterated in the order confirmation.
4.5 If the Products are to be delivered to a non-European Union Country, the total price stated in the order and reiterated in the order confirmation, including VAT (if applicable) is exclusive of any customs duties and any other sales tax, which the Seller is unable to quantify in advance, unless expressly provided for at the time of the order. The Customer therefore agrees as of now to pay the aforementioned taxes, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the Country to which the products will be delivered. The Customer is encouraged to inquire with the appropriate bodies in his or her Country of residence or destination of the Products in order to obtain information about any duties or taxes applied in his or her country of residence or destination of the Products.
4.6 Any and all additional costs, charges, fees and/or taxes that a given Country may impose, for any reason whatsoever, on the Products ordered under these Conditions of Sale shall be borne solely by the Customer.
ARTICLE 5. BUYING AND SELLING ONLINE
5.1 An online sales contract means the distance contract for the sale of Products and Services. Such contracts, therefore, will be finalized directly through access by the Customer to the Site, where the Customer will complete the contract for the purchase of the Product and/or Service by filling out the order form in electronic format and transmitting the same to the Seller, electronically, following the relevant instructions. The Customer may purchase only the Products and Services offered on the Site, at the price indicated therein, by following the procedure indicated on the Site. When the Customer places an order, he or she shall provide his or her name, a valid e-mail address, shipping and billing addresses, telephone (and/or telefax) number, and any details depending on the means of payment used.
5.2 The presentation of the Products and Services on the Site is merely an invitation to the Customer to make a contractual proposal to purchase and not an offer to the public. The sale is considered as finalized only after the Seller sends an e-mail confirming the order to the e-mail address provided by the Customer. Such confirmation message will contain the date and details of the order stated in Article 3.3 and a 'Customer order number', to be used in the event of any communication with the Seller. The message will also include all the data entered by the Customer, who undertakes to verify their correctness and promptly communicate any corrections, in the manner indicated on the Site. In case of an inability to process the order for any reason whatsoever, the Seller will refund any sums already paid by the Customer.
5.3 The Seller, upon shipment of the Product, will send the Customer a notice by e-mail confirming that the Product has been shipped, containing the shipping tracking number, which will allow the Customer to track the shipment. Purchase requests from countries other than the one selected by the Customer in the Site's "selection menu" or intended for addresses to which the Seller cannot ship (for reasons such as, but not limited to, the absence of suitable homologation of the Product ordered for the country of shipment) cannot be accepted by the Seller. To find out which countries the Seller ships to, please consult the appropriate menu in the upper right-hand corner on the home screen of the Site.
5.4 It is also possible to make a purchase on the Site without having to previously register with the Site or create a personal Customer account. To create a personal account, it is possible to proceed by following the steps and instructions specified on the site. The data relating to each order placed will remain available, for Customers who register following the procedure described above, in their account, for a period of not less than 1 (one) year.
5.5 Once payment has been made, the Customer cannot change or cancel the order. However, this is without prejudice to the Customer's right to exercise the right of withdrawal provided for in Article 12.1 of this Contract and to return the Products in the manner governed by Article 12.5 and following.
ARTICLE 6. UNAVAILABILITY OF PRODUCTS - RESERVATION
6.1 The temporary unavailability of Products (or of specific sizes, measurements, etc.) is indicated on the Site by not displaying the Products or the sizes/measurements. For some products the “Notify Me” service is available. This is a free service that, once activated, gives Customers updates at their chosen e-mail address, when Products and/or specific sizes, colors, etc. that they want but have temporarily run out are again available to purchase.
6.2 In the case where the stock of the ordered Products is unavailable after the communication of confirmation of receipt of the Customer’s order on the Site, the Seller will notify the e-mail address provided by the Customer at the time of registration and will cancel the payment, if already made (the time when the amount paid is actually recredited depends on the means of payment chosen by the Customer). In the event that the unavailability of Products is only partial, the resulting reversal of payment will also be partial.
6.3 In certain cases and for Products selected at the Seller's discretion, a Product Reservation service will be available on the Site, with special conditions of sale, payment and delivery dates of the same specified from time to time and appropriately indicated on the purchase page or with the possibility of checking online the availability at stores and purchasing at stores.
ARTICLE 7. TERMS OF PAYMENT - INVOICING
7.1 Payment for the Products purchased by the Customer, as well as the related delivery costs, may be made in one of the ways provided on the Site and indicated at the time of payment.
7.2 In cases of the purchase of the Products by credit card, at the same time as the conclusion of the online transaction, the Customer's credit card is charged for the amount related to the purchased Products at the time of order confirmation by the Seller. In the event that for any reason, the charging of the amounts due by the Customer does not take place, the sales process is automatically canceled and the sale automatically cancelled.
In the event that the Customer, for the purchase of the Products, accesses forms of financing in installments provided by third parties (by way of example, Klarna, Pay Pal etc..), under no circumstances will the Customer be able to make claims against the Seller for any defaults or anomalies relating to such service.
The Seller is entirely unrelated to the contractual relationship established between the Customer and the third-party lender; therefore, for any eventualities, the Customer shall refer to the terms and conditions of payment accepted with the signing of the financing.
7.3 In the event of exercise of the right of withdrawal by the Customer, the Seller shall instruct without delay and in accordance with the conditions set forth in Article 12 below, the bank to reimburse the Customer according to the same payment methods used by the Customer. In special cases or due to needs and/or technical problems of the operator, reimbursement may be made by bank transfer. At no time during the purchase process is the Seller able to know the Customer's credit card information, which is transmitted via a secure, encrypted connection directly to the website of the bank handling the transaction. No computer records of the Seller will retain such data. Under no circumstances, therefore, can the Seller be held liable for any fraudulent and improper use of credit cards by third parties when paying for Products purchased from the Site.
7.4 The Seller will send, upon request, the invoice of shipped Products, by e-mail in PDF format to the Customer who agrees to receive it in electronic format, with the exception of orders outside the European Union, for which the invoice will be included in the shipment. The information provided by the Customer when placing the order shall be used as the basis for issuing the invoice. After the invoice is issued, it will not be possible to make any changes to the data indicated in the invoice.
ARTICLE 8. METHOD OF DELIVERY - RECEIPT OF PRODUCTS
8.1 Delivery of the Products will be made by the Seller to the address indicated by the Customer upon receipt of the purchase price. If the Products are to be delivered to a Country outside the European Union, the shipment will be accompanied, where required, by the relevant tax document.
In any case, the Customer may always request a copy of the invoice or equivalent tax document from the Seller.
8.2 The Seller ships the Products to the Customer with selected express couriers. Indicatively - but in any case without implying any obligation on the part of the Seller and subject to (a) the actual availability of the Products; (b) the periods when the logistics warehouse is closed for inventory/security checks or the periods when the logistics warehouse is closed on Italian national holidays and (c) the occurrence of any force majeure events - the ordered Products will be delivered by the Seller to the selected carrier within two business days after the confirmation of the order. In any case, delivery will be made in a maximum time of 30 (thirty) days from the day after the day when the Customer transmitted the order.
8.3 In case of only partial availability of the Products, which occurred after the confirmation of the order, the Seller will ship only the available Products to the Customer. With respect to any unavailable Products, the order will be cancelled with respect to the same only and such partial cancellation will be communicated to the Customer, via the e-mail address provided at the time of the order, together with the notification of the reimbursement of the relevant price paid. The Seller reserves the right to split the delivery of the order, for example, if a part of the order has been delayed or is not immediately available. In such case, the Customer will receive an automatic update of their order with the relevant tracking numbers. Additional delivery costs will not be charged for split orders.
8.4 Upon receipt of the Products at their address, the Customer shall verify the integrity of the packages and that the quantity and quality matches the items ordered. In case of discrepancies and/or nonconformities, the Customer will be responsible for having the carrier correctly identify and notify the aforesaid, and if the packaging or wrapping of the Products ordered by the Customer arrive at their destination obviously damaged, the Customer is requested to refuse delivery by the carrier/shipper or to accept delivery "with reservation". The purchased Products will be delivered by the carrier appointed by the Seller to the shipping address indicated by the Customer. In the event that the delivery of the Products has taken place without the actual possibility for the Customer to refuse it or to make reservations, the Customer shall report any discrepancies in the items it has received no later than 24 hours after delivery.
8.5 The Customer at the time of processing the online purchase has the option to choose the Pick-Up in Store service and to collect the purchased products directly at one of the stores owned by the Seller. The list of stores available for the service is displayed at the time of order confirmation. The Customer at the time of his or her order has the possibility to choose the Dainese Store of his or her preference among the stores in the Country selected at the beginning of the purchase process that can be consulted at this link. After 15 (fifteen) days from when the Seller has sent the message to the Customer informing him or her that the item has been made available for pick-up at the store, the sale shall be deemed to have been lawfully terminated. The Customer will therefore be refunded the price of his or her order.
ARTICLE 9. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
9.1 The risks related to the Products will transfer to the Customer at the time of their delivery. It is understood, however, that in the event that the delivery does not take place for reasons not attributable to the Customer (stolen or lost), the Seller will refund the Customer the price paid for the purchase.
In case of theft, a formal report to the competent Authorities may be required by the Seller in order to obtain reimbursement.
9.2 The Customer shall acquire ownership of the Products as soon as the Seller has received full payment of all amounts due in respect thereof, including shipping charges.
ARTICLE 10. RESPONSIBILITY
10.1 Except in cases of willful misconduct or gross negligence, the Seller shall not be liable to the Customer in any capacity as a result of:
direct and indirect damages and/or losses caused by the Products (or by their use) to the Customer and third parties, without prejudice in any case to the application of mandatory rules of law regarding the manufacturer’s liability;
damage and/or loss that was not caused by the Seller's default;
loss of business or opportunity.
10.2 The Customer expressly acknowledges that in the event of performance of the Services, the Seller's liability for any default shall be limited to, and shall in no event exceed, the amounts received by it and paid by the Customer in connection with the performance of the individual Services to which the liability relates. Any greater damage, loss, cost or expense is expressly excluded.
10.3 The Seller's liability is excluded for any disservice and/or prejudice sustained by the Customer from causes beyond the Seller's control or, in any event, due to delays caused by events that are beyond the Seller's reasonable control ("Force Majeure Events"). Force Majeure Events are defined as any act, event, failure to occur, omission, or accident beyond reasonable control; this expression includes but is not limited to the following: malfunction, the failure or irregular transmission of information or causes beyond its control including, without limitation, delays or system line failures, interruption in the operation or failure of Internet connections or interruption, suspension, malfunction of Internet access nodes, interruption, suspension or malfunction of electronic, postal or electricity services; lockouts or strikes even of its own personnel, wherever occurring; impediments or obstacles determined by provisions of law or acts of domestic or foreign authorities; measures or acts of a judicial nature or acts of third parties; other causes not attributable to the Seller and in general any impediment or obstacle that cannot be overcome by criteria of ordinary diligence by the Seller in relation to the nature of the activity carried out.
10.4 The Seller has the right to suspend and interrupt the Site connection service at any time whatsoever for technical reasons, for reasons related to the efficiency and security of the services themselves, as well as to suspend their operation for precautionary reasons, without the Seller being held liable for the consequences of any interruptions or suspensions.
10.5 The Seller is not responsible for any fraudulent and unlawful use that may be made by third parties of the credit cards used by the Customer when purchasing the Products. In fact, the Seller at no time during the purchase process is able to know the number, expiration date and security code of the Customer's credit card.
10.6 Finally, any contractual and extra-contractual liability on the part of the Seller for direct or indirect damage to persons and/or property, caused by the Seller's failure to accept, even partially, an order, is excluded.
ARTICLE 11. WARRANTY OF NONCONFORMING PRODUCTS - CONVENTIONAL WARRANTY
11.1 The legal warranties provided for by applicable Italian law are also applicable to the sale of the Products as regards conformity obligation of the Products, Consumer's rights and terms of warranty forfeiture, without prejudice to the necessary application rules in force in the destination country selected by the Customer.
11.2 Without prejudice to the foregoing, certain Products may be eligible for an extended warranty that may be requested through a special procedure at the following link. Products eligible for the extended Warranty are only those in which this option is expressly provided for in the tag attached to the Product, where the procedure for accessing the extension is also indicated. However, the Customer has the right to register any Product, even if not provided with the appropriate tag, to record the date of purchase for legal warranty purposes.
11.3 Pursuant to the law, in the event that the legal warranty is applicable, the Customer shall have the right to have the Product conformity restored through its repair or replacement, at no charge, or if this is not possible, to a reduction in the purchase price or termination of the contract. The Seller will be liable for conformity defects if the same become apparent within the term of (2) two years from the date of successful delivery of the Product. The Customer will be obliged to report the conformity defect within (2) two months from the discovery of the same by a request made to the following LINK of Customer Support. The warranty is personal and will therefore apply only to the original purchaser.
11.4 The application of any warranty in the event of use or washing of the Product not in accordance with the Product's own use and the instructions/warnings in this regard provided by the Seller, or shown in the illustrative reference documentation, tags or labels, is excluded.
11.5 The warranty will apply to the Product that has conformity defects and/or malfunctions that were not detectable at the time of purchase, provided that the Product itself has been used correctly and with due diligence and in compliance with its intended purpose and with the provisions of the technical documentation, if any, with observance of the various operating rules indicated therein. On the other hand, the aforementioned warranty will not apply in the case of negligence or carelessness in the use and maintenance of the Product. The Seller may also require the Customer to send photographic documentation by e-mail to support the claimed nonconformity.
11.6 The Seller will contact the Customer to arrange the collection of the Product and the handling of the next steps. Whichever method of return is chosen, return costs will be borne by the Seller. The times for repair or the possible replacement of the Product depend solely on the policies of the individual manufacturer and no damages may be claimed from the Seller for any delay in making repairs or replacements.
11.7 The Product returned by the Customer shall be complete with its packaging and all accessories and documentation received by the Customer at the time of purchase. Returning the Product without the original packaging, accessories, and documentation as described above prevents the Seller from working on the Product itself and thus makes both repair and replacement of the Product impossible. The Seller reserves the right to verify the actual defect reported by the Customer and to have the repair or replacement carried out only after such verification.
If, following verification by the Seller, the defect complained of by the Customer is not found to be a conformity defect, the Seller reserves the right to charge the Customer for the costs of verification and restoration as well as the related transport costs incurred. The Customer may choose to have back - at his or her own expense - the Products purchased. In the case that the Customer refuses the shipment, the Seller reserves the right to retain the Products and the corresponding amount for the purchase of the Products.
11.8 In the event that the Product is found not to be affected by a conformity defect, it will be possible for the Customer to request an estimate for repair/restoration of the Product for a fee.
11.9 In the event that the Product sold has been custom-made or clearly customized for the Customer, the legal warranty described in this article will not be applicable with reference to the characteristics of the Product that have been attained following the instructions provided by the Customer (e.g. length, width, colors, etc.) nor can the fit of a Product be objected to, since it is an objective characteristic of the garment (determined by the manufacturer based on the final use and style that the company itself wanted to have for a line of clothing or a garment, thus responding to requirements external to the Customer).
ARTICLE 12. RIGHT OF WITHDRAWAL
12.1 The Customer may, without the need to provide any reasons, exercise the right of withdrawal from the purchase made within a maximum period of 30 (thirty) days from the date of delivery of the Product. To exercise the right of withdrawal, the Customer must notify its decision to withdraw and return the Products in accordance with the return procedure set forth in Article 12.4 below and subject to the conditions set forth below.
12.2 12.2 Right of withdrawal is subject to the following conditions:
– the right is reserved to Consumers and does not apply to professionals or companies, and therefore cannot be exercised if the Customer has already requested an invoice including a VAT number;
– the right applies to the Product in its entirety and not to parts or components thereof;
– in the case of prizes or bundled promotional sales, in which the purchase of a product is linked to another product that is sold at a low price (or gifted), then the right of withdrawal is legitimately exercised when both the purchased Products are returned (as the promoted product is deemed to be an accessory to the first product);
12.3 The right of withdrawal is excluded:
- in the case of the purchase of cleaning/repair services, which is equivalent to an express agreement for their execution and consequent acceptance, after the service has been fully carried out;
- in the case where the Product sold has been custom-made or clearly customized for the Customer;
- If the Products returned by Customers do not match the Products ordered or have an origin other than the Site.
12.4 To exercise the right of withdrawal, the Customer, without explanation and without any penalty, shall:
- if the Customer is registered on the Site, express within the period of 30 (thirty) days from the day of receipt of the Product their wish to withdraw from the online purchase and sale contract, by accessing, in their Account on the Site, the Orders section, and, after selecting the order and clicking on the "Create Return" button, selecting the item(s) to be returned;
- if the Customer is not registered with the Site, express their wish to withdraw from the online contract of sale within 30 (thirty) days of the date on which he or she received the Product in the section “Orders”, where the Customer's e-mail and order number can be entered. By selecting the order to be returned and clicking on "Create a Return," it will be possible to select the item(s) to be returned.
For return instructions, please refer to the following link and follow all directions on the page.
12.5 At the same time as sending the notice of withdrawal, the Customer shall take steps to return the Product to the Seller. The shipment of the Product shall take place, without fail, within the maximum period of 30 (thirty) days from the communication of the Customer pursuant to paragraph 12.4 and the costs for the return of the Product by the Customer will be borne by the latter, except in cases where, at the time of the request for return, there are special conditions on the Site that provide for free return.
The Customer will still have the option to return the Product(s) free of charge by going exclusively to one of the Seller-owned stores (which can be found at the following link Dainese Stores Locator and clicking on the appropriate DAINESE STORES box). In the event of a decision to return the order placed online to a Seller-owned store, this must be done exclusively within the Country in which the order was placed and received. For the return and replacement procedure, please see the specific FAQs at the following link.
12.6 The Product shall be returned undamaged and carefully packed in its original packaging, complete with all accessories. It must also be returned with its tag, instructions, labels, protective covers. In the event that any use/handling of the Product by the Customer other than the minimum necessary to verify its nature and/or conformity, characteristics or proper functioning is detected, the Customer will be liable for the resulting decrease in value, which is as of now conventionally agreed upon as a reduction equal to 50% (fifty percent) of the price originally paid, which the Seller will retain in any price refund. If the Products are found to be damaged, incomplete or deteriorated or in any state that unequivocally suggests that they have been used, so as to impair their substantial integrity, they will not be refunded.
The Customer, therefore, will not be entitled to exercise his or her right of withdrawal in cases where the following are ascertained:
- the original packaging and/or wrapping are missing;
- all integral elements of the Product (accessories, tags, labels, information notes etc.) are absent;
- the Product is substantially damaged due to causes other than its transportation.
In the case of forfeiture of the right of withdrawal, the Seller will inform the Customer of the inability to accept the return; the Customer may choose to have back - at his or her own expense - the Products purchased. In the case that the Customer refuses the shipment, the Seller reserves the right to retain the Products and the corresponding amount for the purchase of the Products.
In the case of several Products relating to the same order, in relation to which the Customer has exercised the right of withdrawal, the same shall be sent to the Seller in a single shipment. The Seller will not be liable in any way for damage or theft/loss of Products returned by the Customer with uninsured shipments.
12.7 Without prejudice to the provisions of Article 12.6 above regarding the decrease in value or causes of forfeiture of the right of withdrawal, the Seller will refund the price of the Product for which the Customer has exercised the right of withdrawal and the shipping costs incurred by the Customer at the time of the order (unless the Customer has chosen a shipping method different from the standard one made available by the Seller) within the maximum term of 14 (fourteen) days (i) from the date of receipt at the Seller of the Product returned in the manner indicated above, or (ii) from the date on which the Customer proves to have sent the Products (the effective date shall be the date of the event that occurs first). The Seller shall make the refund by crediting the amount to be refunded, according to appropriate methods depending on the payment method originally used by the Customer (amount re-credited to a credit card or PayPal account, bank transfer, etc.).
If the return involves only a part of the Products, the Seller will not reimburse the shipping costs since the Customer will have benefited from delivery services for the non-returned Products.
12.8 If the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase do not match, the refund of the sums, in the event of the exercise of the right of withdrawal, will be made by the Seller, in each case, to the person who made the payment.
12.9 D-AIR® Brand Products, because they have lithium batteries and/or gas generators, are classified as Dangerous Goods for the purposes of transport regulations. It is the Customer's responsibility to verify the countries to which shipping is permitted before ordering. The return provisions described in Article 12 herein do not apply to D-AIR® brand products, so they can only be returned in the manner indicated at the following link. Any other method of return is not allowed.
ARTICLE 13. INTELLECTUAL PROPERTY
13.1 The Customer acknowledges and agrees that all copyrights, trademarks, and any intellectual property rights to the materials or content presented as an integral part of the Site are owned by the Seller and by parties that have licensed their use. The Customer may use such materials only in the manner for which he or she will receive express permission from the Seller or the parties that have licensed their use. This will not prevent the Customer from using this Site to the extent necessary to copy information about the order or Contact information.
ARTICLE 14. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
14.1 This Contract shall be binding on both parties, as well as on the respective successors and assignees of the Seller.
14.2 The Customer is prohibited from transferring or assigning in any way the Contract, or any of its rights or obligations under it. The Seller shall have the right to freely transfer, assign, sub-contract or dispose in any manner and at any time of the Contract, or of any right or obligation thereunder. For the avoidance of doubt, any transfer, assignment, sub-contracting or other provision of the Contract shall have no impact on the Customer's rights as a consumer and shall in no way diminish, reduce or limit any of the warranties or liabilities offered by the Seller, expressly or implicitly.
ARTICLE 15. PARTIAL INVALIDITY
Should any article of the Conditions, or any part thereof, or any of the provisions of the Contract be held invalid, unlawful, or unenforceable by the competent authority, such article, clause, or provision shall be deemed not to have been affixed while the other articles, clauses, and provisions shall remain valid to the full extent permitted by law.
ARTICLE 16. INFORMATION AND COMPLAINTS
16.1 For any comments, suggestions, inquiries or complaints, the Seller may be contacted using the customer service channels indicated on our Site at the following LINK . Customer service will handle inquiries and complaints received as quickly as possible and, in any case, within the time limits envisaged by law.
16.2 If, as a consumer, the Customer believes that his or her rights have been infringed, he or she may address his or her grievances to the Seller through the e-mail address Consumer.Care@dainese.com in order to solicit an out-of-court dispute resolution.
For this purpose and in accordance with Regulation (EU) No 524/2013, the Customer who has made a purchase from an EU country has the right to solicit an out-of-court settlement of disputes related to orders placed through this Site through the European ODR (Online Dispute Resolution) platform (Online Dispute Resolution) made available by the European Commission for the out-of-court settlement of disputes arising from contracts for goods and services concluded online between consumers and professionals.
The customer who buys from a non-EU Country, where provided for by that Country’s domestic legislation, has the right to request an out-of-court settlement of disputes relating to orders placed through this Site before a competent body for the out-of-court settlement of disputes deriving from B2C contracts of goods and services concluded online.
ARTICLE 17. CANCELLATION OF ORDERS BY THE SELLER
17.1 The Seller reserves the right to refuse or cancel an order or a Product that is part of an order if any situation arises that legitimizes the suspicion that credit card fraud is taking place.
17.2 The Seller also reserves the right to cancel an order by giving written notice to the Customer in the cases set forth below, without being subject to the payment of damages or expenses other than the refund of any amount paid by you in connection with the cancelled order:
the order is flagged by our security system as an unusual or fraud-prone order;
the Customer is under 16 years of age, or below the legal age required by applicable law to enter into a contract with DAINESE;
the Customer is a retailer;
delivery to the address given is not possible;
due to an Event Beyond the Seller's Control.
ARTICLE 18. COMMUNICATIONS
18.1 The Customer acknowledges and accepts that all communications, notifications, attestations, information, reports and in any case any documentation on the transactions performed, referring to the purchase of the Products, will be sent to the e-mail address indicated by the Customer at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits provided by the Site. Said information - in the case of users registered according to the procedure described above in paragraph 5.4 - will in any case remain available in the Customer's account for a period of not less than 1 (one) year.
18.2 The Seller indicates the following contact information for the purpose of communications:
- mailing address: Dainese S.p.A., Via Louvigny n. 35, 36064 Colceresa (VI) – ITALIA;
- telephone number: +39 0444 130360;
- e-mail: Consumer.Care@dainese.com ;
- PEC: email@example.com.
ARTICLE 19. APPLICABLE LAW AND PLACE OF JURISDICTION
19.1 The contract of sale between the Seller and the Customer arising from the acceptance of any order placed through the Site shall be governed by Italian law, in particular by the Consumer Code and for certain aspects of electronic commerce by Legislative Decree 70/2003, and by these Conditions of Sale, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - 1980 Vienna Convention.
19.2 For any dispute relating to the validity, interpretation or execution of these Conditions of Sale and the purchase agreement, the territorial jurisdiction belongs to the Court of the place where the Consumer is domiciled, or alternatively to the Court of the Seller.