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.dainese.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 must be carefully reviewed by the Customer before
completing the procedure for the distance purchase of the products and
Services. It is agreed that the placing of a purchase order on the Site
implies total and absolute knowledge of these Conditions, as well as the
terms of payment indicated herein, and their full acceptance, and also
implies that the Seller does not consider itself bound by different
conditions unless previously agreed in writing. If the Customer does not
agree with any of the terms in these Conditions, he/she is requested not
to submit the order form for the purchase of Products on the Site. By
submitting the order, the Customer confirms that he/she is also aware of
and accepts the provisions of the Disclaimer & Terms of Use,
Shipping and Returns sections of the Site, as well as the Privacy policy
available at the following
link
, which should be consulted.
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.
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.
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.
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;
- PEC: dainesespa@pec.dainese.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.