Date of publication on the website and entry into effect [1st October 2020]
1.1. The present general conditions of sale (hereinafter also the "Conditions") apply to the purchase of "designitaly" brand products (hereinafter "Products" or the singular "Product") made via the e-commerce Website www.designitaly.com (hereinafter the "Website") by users qualified as "Consumers" pursuant to article 1.2 below. The Website, owned by Design Italy s.r.l., with a registered office in Milan (20124 - MI), Via Vittor Pisani 10, tax code and VAT number 10449950962 (hereinafter "Owner" or "Design Italy"), is managed by Design Italy s.r.l., with registered office in Milan (20123 - MI, Via Vincenzo Monti 12, tax code and VAT number 10449950962 (hereinafter "Design Italy").
1.2. Design Italy handles the sale of the Products through the website in its own name and on its own behalf. Purchases of Products made through the website will see Design Italy as a party, as a seller (hereinafter the "Seller") and the person who purchases one or more Products for purposes not related to his business, commercial, craft or professional activity, as the Buyer (hereinafter the "Consumer"). Seller and Consumer will be collectively referred to as the "Parties" below.
1.3. The Owner is not a party to these Conditions, but the Owner of the rights to the Site's domain name, logos and trademarks relating to the Products presented on the Site, as well as the copyright on the content of the Site.
1.4. Whichever communication of the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the cancellation right, etc.. - must be sent to Design Italy, to the addresses and in the manner indicated on the website and to the e-mail address email@example.com.
1.5. These Conditions govern all purchases in the version that will be published on the website at the time of transmission of the order by the Consumer.
1.6. The Website is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Therefore, subjects who are not Consumers are invited not to execute purchase orders, and for any purchases, they may contact the Owner at the following e-mail address firstname.lastname@example.org. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions shall apply in any case but, as an exception to what is provided:
a) the Buyer will not be entitled to the cancellation right referred to in Article 10;
b) the Buyer will not be able to benefit from the warranty on the Products indicated in article 8;
c) the Buyer is not recognized for any other protection, provided in support of the Consumer in these Conditions, which represent or comply with mandatory provisions of law;
d) for the purposes of this warranty, the sales contract concluded between the Seller and the Buyer shall be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order made and these Conditions be sent by e-mail to the address communicated by him during registration on the website or during the purchase process.
1.8. In order to make purchases through the website, the Consumer must be of legal age (18 years of age) and have the capacity to act, which the Consumer declares to possess.
1.9. Only the Consumer is responsible for any costs for connecting via the Internet to the Site, including telephone costs, according to the rates applied by the operator selected by the Consumer.
2. Product characteristics and availability in different geographical areas
2.1. These products are sold with the characteristics described on the website and according to the Conditions published on the website at the time the order is sent by the Consumer, with the exclusion of any other condition or term.
2.2. The Seller has the right to modify these Conditions at any time, at its own discretion, without the need to provide any notice to the users of the website. Any changes made will be effective from the date of publication on the website and will apply only to sales concluded from that date.
2.3. Prices, Products for sale on the website and/or their features are subject to change without notice. These changes apply only to orders not yet confirmed at the date of the change. In any case, before sending the purchase order pursuant to Article 3 below, the Consumer is invited to check the final sale price.
2.4. The Website can be accessed from all over the world. However, the Products available on the website can only be purchased by users who request their delivery in one of the countries indicated on the website.
3. Product purchase and contract completion methods
3.1 In order to conclude the purchase contract on the Site, you must fill in the order form in electronic format and send it to the Seller, electronically, following the instructions.
3.2. Before purchasing a Product, the Consumer will be asked to carefully read these Conditions and the information on the cancellation right, as well as to print a copy for personal use.
3.3. In the order form, displayed immediately before the conclusion of the purchase contract, we will provide summary information about the essential characteristics of the Product you wish to purchase, the price (including all applicable taxes or duties) and shipping costs.
3.4. The contract is concluded when the Seller receives, electronically, your order form, after verifying the correctness of the data relating to your order.
3.5. The order form will be filed in our database for the period of time necessary to process orders and in any case within the terms of the law.
3.6. The transmission of the order form implies the obligation to pay the price indicated.
3.7. The language available to conclude the contract with the Seller is Italian/English.
3.8. The Seller may not process purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect. In the same way, this may occur in the event of unavailability of the Products. In these cases, we will inform the Consumer by e-mail that the contract is not concluded and that the Seller has not followed up the purchase order specifying the reasons.
3.9 The online transmission of the order form implies the unconditional acceptance and the commitment of the Consumer to observe, in relation to the Seller, these Conditions.
3.11. Once the contract is concluded, the Seller will send the Consumer, by e-mail, a receipt of the purchase order, containing these Conditions and the summary document on the Cancelation right.
4. Product selection and purchase procedure
4.1. All the Products presented on the website may be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of Products has been completed, in order to purchase the Products included in the shopping cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the conclusion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be required to confirm his data (by way of example but not limited to: name, surname, etc..), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where he can be contacted for any communications relating to the purchase made. The Consumer will see a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate placard (check-box) on the website and finally, the Consumer will be required to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous Article 3 of these Conditions. The Consumer will also be asked to choose the shipping method and the payment method, among those available.
4.2. If during the procedure for selecting Products on the website referred to in Article 4.1 above, the Consumer notices that the price of one or more of the Products he intends to select for the next purchase is clearly lower than the price normally applied, net of any discounts and/or promotions at that time in force, due to an obvious technical problem that occurred on the website, please do not complete your purchase order and report the aforementioned technical error to Customer Service, by sending an e-mail to the following e-mail address email@example.com.
4.3. By placing an order for customized products, the Customer consents to declare and warrant that no name, word or phrase used, uploaded, posted, copied or otherwise made public for use on its custom product falls into any of the following categories:
- a) that consists of or includes a part of the name of a product, service, Company, organization or event owned by a third party;
- b) that consist of or include the name or nickname of a famous person (alive or dead);
- c) that violate or may violate the intellectual property rights or registered trademarks of third parties;
- d) that contain messages of threat, incitement to violence, defamatory, obscene, discriminatory, instigating, sexually explicit or otherwise prohibited by law. To indemnify and hold harmless the Seller and the Holder and their affiliated companies from any costs, expenses, damages, losses and liabilities that may be incurred by the Seller or the Holder or their affiliated companies as a result of the use of any name, word or phrase used, uploaded or otherwise made public by the Consumer (including for use on the Consumer's personalized product); to guarantee the Seller and the Holder, as well as their affiliated companies, the global, non-exclusive, irrevocable and royalty-free right, entirely transferable to third parties, to use, reproduce, disclose and modify names, words or sentences sent by the Consumer for the purpose of personalizing and completing his order.
4.4.Each product will be made by hand from the moment of purchase (after receiving payment). Clients will be informed of the production time.
4.5. Personalized and custom-made items cannot be returned.
4.6. By placing an order for high jewellery or vintage products, the client is aware that the order cannot be returned.
5. Delivering and accepting goods
5.1. However, such information is to be considered purely indicative and not binding for the Seller.
5.2. The Seller agrees to respect, as far as possible, the delivery times indicated on the website and, in any case, to make the delivery in a maximum of 90 (ninety) days from the day following that on which the Consumer has transmitted the order. In the event that the Seller fails to execute the order, the Seller shall refund any sums already paid by the Consumer for the payment of the Product pursuant to Article 5 below. If the Consumer has chosen bank transfer as the payment method, the delivery term shall start from the receipt of the payment by the Seller.
5.3. The Products will be shipped according to the methods selected by the Consumer, among those available and indicated on the website at the time the order is placed. The Consumer undertakes to check promptly and as soon as possible that the delivery includes all and only the Products purchased and to inform the Seller promptly of any defect in the Products received or their non-conformity with the order placed, according to the procedure set forth in Article 8 below of these Conditions; failing this, the Products shall be deemed accepted. If the packaging or the wrapping of the Products ordered by the Consumer should reach their destination objectively damaged, the Consumer is invited to refuse the delivery by the carrier/shipper or to accept the delivery "with reservation".
6. Prices, shipping costs, taxes and duties
6.1. For the Products, the price is that indicated on the website at the time the order is sent by the Consumer. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs, which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the Seller the total price, as indicated in the order sent by the Consumer.
6.3. In the event that the Products should be delivered to a country outside the European Union, the total price indicated in the order, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order, in accordance with the provisions of the law of the country in which the Products will be delivered. The Consumer is invited to inquire at the competent bodies of his country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in his country of residence or destination of the Products.
6.4.The Consumer is solely responsible for any additional costs, charges, taxes and/or duties that a given country may apply, for any reason whatsoever, to the Products ordered in accordance with these Conditions.
6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or duties referred to in the previous Articles, at the time of sending an order to the Seller, shall not constitute a cause for termination of this contract and that he may not in any way charge the aforementioned charges to the Seller.
7.1. All the Products purchased through the website must be paid within 10 (ten) days from the date of transmission of the order to the Seller. The Consumer expressly accepts that the execution of the contract by the Seller will start when the price of the Product(s) purchased is (are) credited to the Seller's current account.
7.2 Payment may be made by credit card or PayPal, under the conditions described below. The Seller may provide additional payment methods, indicating them in the payment section of the Site.
7.3. In case of payment by credit card, the Consumer will be transferred to a protected Website and the credit card details will be communicated directly to PayPal, the operator that deals with payments on behalf of the Seller. The transmitted data will be sent in protected mode, by means of the encrypted transfer of data that are not accessible to the Seller or the Holder.
7.4. If payment is made by bank transfer in favour of the Seller, the Consumer must indicate the "Swift" and "IBAN" codes shown in the order, as well as the order number.
7.5. The Seller shall promptly transmit to the Consumer, if provided for by applicable law, in electronic format, by e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in Italy, or attached in paper format to the Products purchased, in all other cases.
8. Seller's legal guarantee of conformity, notification of conformity defects and warranty interventions
8.1 In compliance with and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter "Consumer Code"), the Seller guarantees the Consumer that the Products will be free from defects in design and material as well as conforming to the descriptions published on the website for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in the event of use of the Product that does not conform to that of the Product and to the instructions/warnings in this regard provided by the Seller and/or the Holder or reported in the reference illustrative documentation, in the tags or in the labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer is responsible for reporting any defects and non-conformities no later than 2 (two) months after discovery, by writing to the Seller by e-mail at firstname.lastname@example.org, indicating the defect and/or non-conformities found, as well as at least a photograph of the Product, a copy of the order sent by the Seller and/or the tax receipt, and any other information useful to the Seller for the purposes of correctly identifying the sale made.
8.3. Following receipt of the complaint and the relative documentation, the Seller will assess the defects and non-conformities reported by the Consumer through the Holder's assistance service and, after having carried out the quality controls aimed at verifying the actual non-conformities of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a reply, containing instructions for making the return, by e-mail to the address provided by the latter during the registration process on the website or during the transmission of the order. The authorization to return the Products shall not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Holder has authorized the return must be returned by the Consumer, together with a copy of the notice of authorization to return, within 30 (thirty) days from the notification of the defect or non-conformity, to the following address: email@example.com.
8.4. In the event of defects or non-conformities, the Consumer shall have the right to have the Product restored to conformity by the Seller, by means of repair or replacement, or to alternative remedies in the cases expressly provided for by art. 130 of Legislative Decree no. 206/2005. If the Seller has undertaken to reimburse the Consumer the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again by e-mail at firstname.lastname@example.org, the bank details to make the transfer in his favour and to ensure that the Seller is put in a position to return the amount due.
9. Defective product liability
9.1 With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code shall apply. Reference is made to art. 8.1. of this Terms and Conditions.
10. Cancellation policy
10.1. The Consumer has the withdrawal policy from any contract concluded pursuant to these Conditions, without giving any reason and without any penalty, within 14 (fourteen) days from (i) when the product was delivered or (ii) in the case of the purchase of multiple products delivered separately in a single order, the last product was delivered, subject to the exceptions set out in article 59 of the Consumer Code. In order to clarify the cases in which the Consumer cannot withdraw from the contract, it is specified, by way of example and not exhaustively, that the Products that are made specifically in the execution of the Order (so-called Made to order) cannot be returned, as well as customized products.
10.2.To exercise the withdrawal policy, the Consumer must inform the Seller, before the expiry of the period referred to in Article10.1 above, of its decision by accessing the section dedicated to the following link: www.designitaly.com, if not registered on the Site, accessing the dedicated page and entering the order number and e-mail with which he made the purchase. Alternatively, the Consumer may send an explicit statement to the Seller through the contact form or to the e-mail address email@example.com, of his decision to withdraw.
10.3. Following the provisions of Article 10.2 above, the Consumer will receive an e-mail confirming the exercise of the cancellation, containing, if he has in the meantime already received the product ordered, the return form to be included in the package, and instructions for returning the product, to be sent no later than the next 14 days to Design Italy.
10.4. If the Consumer has received the product, he must return it without undue delay and, in any case, within 14 days from the day on which he communicated the cancellation. The deadline is respected if the Consumer returns the goods before the expiry of the 14-day period. The direct risks and costs of returning the goods, as well as the proof thereof, shall be borne by the Consumer. If the Consumer exercises the cancellation through the Site, before confirming the request for cancellation will be indicated the cost for the return of goods, if he wants to use the return service offered by the Site.
10.5. In case of cancellation, the Consumer will be reimbursed for the payments made, including delivery costs (with the exception of additional costs arising from the choice of a different type of delivery from the less expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days from the exercise of the cancellation. These refunds will be made using the same means of payment used by the Consumer for the initial transaction unless the Consumer requests a refund on another means of payment, in which case the Consumer will be responsible for any additional costs arising from the different means of payment. The refund may be suspended until the receipt of the goods or until the Consumer has demonstrated that he has returned the goods, whichever is earlier.
10.6.The Consumer is responsible for any decrease in the value of the goods resulting from any manipulation other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (e.g. with signs of wear, abrasion, scratching, scratching, deformation, etc..), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product), not accompanied by the instructions/notes/manuals attached, the original packaging and packaging and the certificate of guarantee, if any, the Consumer will be liable for the financial loss of the value of the goods and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is requested not to handle the goods beyond what is strictly necessary to establish the nature, characteristics and functioning and to cover the product's original packaging with another protective packaging that preserves its integrity and protects it during transport.
NOTE: When ordering a Product made or adapted according to the specific indications of the Consumer or, in other words, a personalized product, the Consumer has no cancellation right pursuant to art. 59 of the Consumer Code.
11. Intellectual property rights
11.1. The Owner owns all intellectual property rights relating to the trademarks, names, and any distinctive signs, names, images, photographs, and written or graphic text used on the website or related to the products.
12. Consumer Data and Privacy Protection
13. Consumer Data and Privacy Protection
13.2.The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process is correct and true.
13.3. At any time, the Consumer may update and/or modify the personal data provided to the Seller through the specific "My Account" section on the website accessible after authentication.
14. Safety and security
14.1.Even though the Seller adopts measures to protect Personal Data against loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations regarding the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the website, even after the Consumer has logged in, is not accessible or viewable by unauthorized third parties.
14.2. With regard to data concerning payments by credit card, the Seller uses the services of the Company PayPal, which adopts technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web. Please refer to the Company's website for further information on the security systems adopted by PayPal.
15. Applicable law attempts at conciliation and place of jurisdiction
15.1. Any Contract of Sale concluded between the Seller and the Consumer pursuant to these Terms and Conditions shall be governed by and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on Distance Contracts and by Legislative Decree no. 70 dated 9th April 2003 on certain matters, without prejudice to any rights the Consumer may have under the binding provisions of the law in force in their State.
15.2. In the event of disputes between the Seller and a Consumer, we hereby guarantee our participation in any attempt at amicable conciliation that the Consumer can present before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which facilitates a satisfactory agreement being reached with the help of a neutral and competent conciliator, in a friendly and safe way online. For more information on the RisolviOnline regulations or to send a request for conciliation, please visit www.risolvionline.com (http://www.risolvionline.com).
15.3. As an alternative to the conciliation attempt referred to in the above Article 14.2, the Consumer also has the right to access the European Online Dispute Resolution Platform for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in accordance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate independent, impartial, transparent, effective, prompt and fair out-of-court settlement of any disputes regarding the contractual obligations arising from online Sales or Service Contracts entered into between a Consumer residing in the EU and a trader established in the EU through the intervention of an ADR (Alternative Dispute Resolution) adherent entity, which can be selected from a specific list available herein. For more information on the European ODR Platform or to initiate an Alternative Dispute Resolution procedure regarding this Contract through the European ODR Platform, please visit the following link: http://ec.europa.eu/odr (http://ec.europa.eu/odr). The Seller's e-mail address to be indicated on the European ODR Platform is as follows: firstname.lastname@example.org.
15.4. If the attempts at conciliation referred to in Article 14.2 or 14.3 above are not adhered to or if such attempts should have a negative outcome, the dispute shall be referred to the magistracy of the place of residence or domicile of the Consumer.
15.5. For any claim, please contact Design Italy directly, at the addresses given: email@example.com
In case a complaint submitted by the Customer to Design Italy a has had an unsatisfactory outcome for the Customer or has remained without a response from Design Italy, the latter agrees to participate in the attempt at conciliation may that could be eventually be promoted by the Client, according to the rules and procedures of the joint conciliation rules of the Netcomm Consortium [available at the address: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl, which the Customer is required to know
The conciliation procedure can only be initiated if the claim issued by a customer against Design Italy has had an unsatisfactory outcome for the Customer himself or is left without an answer within the deadline of 45 days period within which Design Italy is committed to responding to complaints.
The application form for the joint conciliation is available at the address: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl