TERMS AND CONDITIONS OF SALE
 

The offer and sale of Products with the brands "DIESEL" and "DIESEL BLACK GOLD" (the "Products"), ownership of the company DIESEL SpA, with registered offices in Italy, via dell'Industria 4-6, Breganze 36042, Iscr. Reg. Imp., C. F. and VAT n. 00642650246, Cap. Soc., € 22,500,000.00, int. vers. ( "Diesel" or the "Seller"), www.diesel.com web Site (the "Site") are governed by these general terms and conditions ("General Terms and Conditions"). The purchase of Products on diesel.com, is made directly by Diesel, as detailed in the remainder of these General Terms and Conditions. Each user of the Site may request any information to persons employed in customer services, applying directly to the Seller Customer Care through the contacts listed in the "Customer Care" of the Site. Each user, when it has proceeded to the purchase of Products on Site, may also obtain information about data privacy, orders, shipments, reimbursement and returning of the same. It also recalls the right of users to contact the Seller, even by e-mail to the following email address: onlinecustomerservice@diesel.com.

For further legal information the user is encouraged to refer to the sections of the Site relevant to each specific request.

1. The business policy


1.1. The Seller offers Products for sale on the Site and makes available its e-commerce business services exclusively to its end users, which are qualifiable as “consumers” ("Buyers" and each of them "Buyer"). The term "consumer" shall mean any individual who is acting for purposes which are outside of trade, business or professional activity, on the contrary, the term “professional” shall mean any individual who is acting for purposes connected to the above mentioned activities

1.2. If the user, potential buyer, does not fall under the legal definition of "consumer" but, contrary, can be qualified as a “professional” according to Article 1.1, is advised to refrain from entering into commercial transactions on the Site.

1.3. In view of its commercial policy, the Seller reserves the right not to process orders from users who are not consumers and/or, however, any other order which does not comply with its trade policy and/or not in line with the provisions hereinafter.

1.4. These General Terms and Conditions regulate the relationship between each Buyer and the Seller, with reference to the offer, transmission and acceptance of purchase orders addressed to Romania (the "Orders" and each of them “Order”).

1.5. The General Terms and Conditions do not regulate the supply of services or the sale of Products performed by third parties other than the Seller who is given visibility on the Site through links, banners or other hypertext links.Before submitting Orders and purchasing Products and services from those third parties, we recommend to the Buyers to carefully verify the terms and conditions of the latter, since the Seller shall under no circumstances be deemed liaible for the supply of services and/or sale of Products provided by third parties and/or, in general, the execution of e-commerce transactions between the users of the Site and third parties.

2. How to enter into a Contract with the Vendor


2.1. The Orders cannot be performed by minors and people with incapacity. The Buyer, in order to conclude the contract with the Seller to place an Order for the purchase of one or more Products on the Site (the "Contract"), will proceed with filling out the order form in electronic format (the "Order Form"), to be displayed immediately before the conclusion of the Contract and sends it to the Seller, electronically, following the instructions that will be reported in the different driving phases at the conclusion of the Contract.

2.2. Before proceeding with the purchase of Products, through the submission of the Order Form, the Buyer will be asked to carefully read the General Terms and Conditions and the clause relating to the right of return. It will also provide the Buyer a list of the commercial and contractual conditions proposed by the Seller for the purchase of Products, which contains a cross reference to the General Terms and Conditions together with a summary of the data shown below: main characteristics of each product - the subject of the Orders - with an indication of the selling price (inclusive of all applicable taxes and fees); methods of payment which the Buyer may use to purchase the Products; methods of delivery of the Products; methods of processing and handling of complaints by the Seller; Shipping costs and delivery of the Products; the identity, references and geographical address and e-mail; the date by which the Seller agrees to deliver the Products. The Seller shall also provide to the Buyer a summary of conditions and procedures for exercising the right of return and the manner and the time frame for returning the purchased Products (drawn from the special made paper form which will be provided by the Seller in the package where the subject of Order Products) will be delivered. It will be also given evidence to the Buyer of the circumstances in which decay to its right to terminate the Contract. When all the conditions to proceed with the exercise of this right of return, the Buyer will be charged the costs of returning the Products being made. In any case, the Buyer is reminded of the existence of the legal guarantee of conformity of the Products and the post-sales customer service contact will be provided, in addition to the possibility of using the conciliation, independent and institutional service for the out-of-court alternative resolution of disputes, provided by European Commission, accessible on  http://ec.europa.eu/odr.

2.3. In the Order Form will be provided brief information about the main characteristics of each product purchased, its price (including all applicable fees and taxes) and shipping costs (including any additional costs requiered for having opted for a different specific type of shipment and delivery and / or more rapid than that defined by the Seller as a "standard"). The Contract is deemed completed upon receipt, by the Buyer, of the Order confirmation sent by the Seller electronically, after the Seller will have verified the correctness of all the information contained in the Order Form completed by the Buyer.

2.4. Once received by the Seller, the Order Form will be filed in the Seller’s database for the time required to process the Orders, and in any case always in accordance with law. The Buyer may access the Order Form, referring to "My order” section.

2.5. At the time of submitting the Order Form, the Buyer will be notified that such submission implies the obligation to pay the price quoted. Before submitting the Order Form, the Buyer will be required to identify and correct any errors related to personal data; in any case, it is recommended to print and keep the Order Form.

2.6. English is the language used for the Contract with the Seller.

2.7. At the conclusion of the Contract, the Seller will process the Order to execute the Contract thereof.

2.8. The Seller may not process Orders that do not provide sufficient guarantees of solvency and / or which are incomplete or incorrect, or in the event ordered Products are no longer avaiable. In the above cases, the Seller will inform the Buyer by e-mail, that the Contract may not held to be concluded and therefore the Seller can not carry out the Order, specifying the reasons. In the event the Products displayed on the Site, are no longer available for sale at the time of the Buyer's last access to the Site or at the time the Order Form has been received, the Seller will promptly inform and in any case within thirty (30) days from the day after the date of receipt of the Order of the unavailability of Products included in the Order itself. In these cases, if Buyer has already submitted the Order Form and paid the appropriate price, the Seller will refund the Buyer the amounts paid by the latter and the Contract will be terminated. The Seller shall not be required to reimburse any other amount, for any reason, the Buyer.

2.9. By submitting an Order Form, the Buyer automatically accepts and agrees the General Terms and Conditions completely, and to observe all the general conditions on the Site. If Buyer does not agree with any of the terms in the General Terms and Conditions, it is asked to refrain after forwarding the Order Form.

2.10 By submitting an Order Form the Buyer declares to know and accepts the General Conditions and the further information of any kind contained on the Site, even if they are connected to links, by way of example: the conditions of Use, the Privacy Policy and the information on the right of return.

2.11. Upon submission of an Order Form, the Seller will send the Buyer the purchase order receipt e-mail.

3. Guarantee and Product Price


3.1 On the Site are offered for sale only original Products.

3.2. The Seller does not sell second-hand Products on the Site, flawed Products and / or otherwise Products of lower quality standards than the corresponding market standards.

3.3. The main characteristics of Products are shown on the Site within each "Product Sheet”. The images and colors of Products offered for sale on the Site may not correspond to the real ones for reasons which can not be attributed to the Seller and, in any case, due to the Internet browser or any device used by the Buyers; Diesel from now expressly disclaims any responsibility.

3.4. The offers of Products on the Site, and the related prices, are applicable as long as are visible on the website and while stocks last. The Seller reserves the right to vary the catalogue of Products at any time and without notice. The Seller is not required to avoid the impact of the Products variations on possible choices in progress and for orders not yet concluded. Possible variations in price will be applicable also to Products already placed in the cart (also called “Shopping Bag”), for purchases not yet concluded before such variations. 

3.5. The purchase requests from countries not included among those displayed under the section "Select your country" shall not be accepted by the Seller.

3.6. The Seller, in case of exercise of return rights by the Buyer, has the right to not accept returned Products or not fully repay the amounts paid by the Buyer to purchase those Products that, upon return, prove without the corresponding tag and / or that have been altered from their essential characteristics and / or qualitative and / or have been damaged in any way.

4. Payments


4.1. For the payment of the Products prices and relevant shipping and delivery costs, the Buyer may choose between one of the procedures indicated on the Order Form. In no event costs higher than those actually incurred by the Seller shall be charged to Buyers in connection with the payment provider.

4.2. In case of payment by credit card, all financial details (for example, the credit / debit card number or the expiration date) will be sent by encrypted protocol to third parties, which provide its remote electronic payment services, without third parties, having any access thereto whatsoever. Such details will not be used by the Seller except for performing the procedure relevant to the proper fulfillment of the Order and for issuing refunds in case of any refunds of Products, as a result of exercising the right of return on the part of Buyer, or if it becomes necessary to prevent or report to police the commission of fraud on the Site. In any case all personal data provided by the Buyer will be processed by the Seller, in compliance with the applicable legislation, as provided in section Site "Privacy Policy."

4.3 The price for the purchase of Products and shipping costs, as indicated in the Order Form, will be charged to the Buyer’s bank account at the time of the delivery of the shipping.

5. Product shipping and delivery


5.1. For specific product shipping and delivery procedures see the Customer Care area. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions and, consequently, shall be deemed to be fully read and accepted by you at the time your Order Form is sent.

6. Customer Care


6.1. The Buyer may request any information through the support services activated by the Seller. For further clarification it is adivisable to access the Customer Service area.

7. Governing Law and Disputes Resolution


7.2. The General Terms and Conditions are governed by the Romanian law and the Contract is concluded in Romania.

7.3. It is acknowledged that European Commission provides a platform for the out-of-court alternative resolution of disputes, accessible on http://ec.europa.eu/odr

7.4. Any judicial dispute that may arise between the Parties, shall be settled by the competent Court of Buyer’s residence or domicile, if within Romanian territory.

8. Amendments and updates


8.1 The Buyer accepts the General Terms and Conditions in the version published on the Site at the time the purchase is concluded, with reference also to the guarantees therein. These General Terms and Conditions may be amended by the Seller from time to time, in light of possible legislative changes, without the need for prior communication to the Buyer, who will be required to constantly check the information contained on the Site. The new General Terms and Conditions will be effective as of the date of publication on the Site.

8.2 The Seller reserves the right to modify, limit or cease the extent and functionalities of the Site, at any time. Although the Seller is always required to offer the e-commerce service without technical failures, the Site may be temporarily unavailable due to maintenance, upgrade and/or other technical issues. It may possibly cause a data loss; therefore, the Seller shall not be liable for any unavailability of the e-commerce service, technical failures and/or data losses.

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