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 "Vendor"), www.diesel.com web Site (the "Site") are governed by these general terms and conditions ("General Terms"). The purchase of the Products on diesel.com is detailed in the remainder of these General Terms. Each user of the Site may request any information to persons employed in customer services, applying directly to the Vendor 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 Vendor, even by e-mail to the following email address: email@example.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 Vendor offers Products for sale on the Site and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers" ("Buyers" and each of them "Buyer"). The term "Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any Products on the Site. Consumer means the person who enters into a contract in the exercise of such activities or for a purpose connected to this.
1.2 If the user, potential buyer, does not fall under the legal definition of "Consumer" but, contrary, can be qualified as a professional and therefore does not act as defined in Article 1.1, is advised to refrain from entering into commercial transactions on the Site.
1.3 In view of its commercial policy, the Vendor 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 exclusively regulate the offer, transmission and acceptance of purchase orders relating to Products purchased on the Site by the buyers (the "Order") and thus regulate the relationship between each Buyer and Vendor.
1.5 The General Terms do not regulate the supply of services or the sale of Products performed by third parties other than the Vendor who is given visibility on the Site through links, banners or other hypertext links., before sending 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 Vendor shall under no circumstances be deemed liable 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 EXECUTE A CONTRACT WITH THE VENDOR
2.1 The Buyer, in order to conclude the contract with the Vendor 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, to be displayed immediately before the conclusion of the Contract (the "Order") and sends it to the Vendor, 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 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 Vendor for the purchase of Products, which contain a cross reference to the General 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 Vendor; Shipping costs and delivery of the Products; references and geographical address and e-mail; the date by which the Vendor agrees to deliver the Products. The Vendor 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 Vendor 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. It is, however, reminded the Buyer the existence of the legal guarantee of conformity of the Products and will be provided to the service contact references of after-sales service of the Vendor and also with the possibility (but not the obligation) of using the conciliation, independent service and institutional, cd. "RisolviOnline", provided by the Chamber of Arbitration of the Chamber of Commerce of Milan (MI).
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 Vendor as a "standard"). The Contract is deemed completed and a contract to the receipt by the Vendor, electronically, the Order Form and only after the Vendor shall have verified the correctness of all the information contained therein relating to the Order made by the Buyer.
2.4 Once received by the Vendor, the Order Form will be filed in the Vendor’s database for the time required to process your 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 of his personal details.
2.6 Romanian is the language used for executing contracts with the Vendor.
2.7 At the conclusion of the Contract, the Vendor will process the order to proceed evasion thereof.
2.8 The Vendor 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 Vendor will inform the Buyer by e-mail, that the Contract may not held to be concluded and therefore the Vendor 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 Vendor 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 Vendor will refund the Buyer the amounts paid by the latter and the Contract will be terminated. The Vendor 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 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 Conditions, it is asked to refrain after forwarding the Order Form.
2.11 Upon submission of an Order Form, the Vendor will send the Buyer the purchase order receipt e-mail, containing the General Conditions and the summary of the document on the right of return and, therefore, all the information already contained in the summary of the terms and conditions and contract which will see the Buyer before purchasing the Products.
3. GUARANTEES AND PRODUCT PRICE INDICATION
3.1 On the Site are offered for sale only original Products.
3.2 The Vendor 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" page. 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 Vendor 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 Prices of Products might be subject to updatings. It is care of the Buyer to verify the final selling price of the Product to be purchased prior to complete and forward the relevant Order Form.
3.5 The purchase requests from countries not included among those displayed under the section "Select Your Country" shall not be accepted by the Vendor.
3.6 The Vendor, 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.
4.1 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 Vendor shall be charged to Buyers in connection with the payment provider.
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. SHIPPING AND DELIVERY OF THE PRODUCTS
5.1 The Buyer, discretionally, decides to receive the purchased Products at his chosen adress, or to withdrawal the purchased Products from a Retail Store"DIESEL" in the country of purchase, if that store is managed directly from Diesel ("Retail Store") and selected from those listed on the Site. If the Buyer opts for the delivery at a retail store, he will be informed of the Products arrival at the store by email. In this case the Buyer shall collect the Products presenting retail store for the chosen, no later than twenty (20) working days after that communication by the Vendor. In the event of non-withdrawal of the ordered Products within this above mentioned term of twenty (20) working days, the Contract shall be deemed, for all purposes, automatically terminated. Consequently, can not longer be the return of Products, which will be returned to the Vendor, by the sale of selected Retail Store. As a result of the Contract, the Buyer will be reimbursed of the sums paid, within the time frame and in the manner that will be indicated by Diesel. When the Buyer will go to the Retail Store for the return of purchased Products, he shall show the sales assistant a copy of the Order shipping confirmation as well as a valid personal identification document.
5.2 If Buyer delegates another person to collect the Products at the Retail Store, that person must present, in addition to the e-mail delivery of the Order Confirmation, a copy of the Buyer's identification document and the authorization granted by the latter, which entitles him/her to collect the order and his personal identidication document. Please remember that it is not possible to pay by the Retail Store. Therefore, it is not provided the cash-on-delivery option, in case the buyer chooses the delivery by the Retail Store. If the Buyer chooses the delivery by a Retail Store, the timing and delivery costs will be the same as those provided for the deliveries at the address indicated by the Buyer. For specific product shipping and delivery procedures of the Products at the address indicated by the Buyer or at the selected Retail Store, the Buyer shall access to the Site section called "Customer Service". Please pay attention to the information in that section because the information contained therein are an integral and essential part of these General Conditions and, therefore, you will feel completely understood and accepted by the Buyer at the time of the Order Form Transmission.
6. CUSTOMER CARE
6.1 The Buyer may request any information through the support services activated by the Vendor. For further clarification it is advisable to access the Customer Service area.
7. GOVERNING LAW AND DISPUTES RESOLUTION
7.1 The General Conditions are governed by Italian law and in particular by Legislative Decree no.206 of 6th September 2005 on consumer code in Chapter I ° "Of consumer rights" contracts, with specific reference to legislation on distance contracts and by Legislative Decree no. 70 of 9 April 2003. on certain aspects related to e-commerce.
7.2 In the event of disputes between the Vendor and the Buyer, arising from the General Conditions, Vendor warrants, as of now, the full Contract and acceptance of the conciliation service “RisolviOnline”. "RisolviOnline" is an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan (MI), which allows to reach a satisfactory Contract, with the help of a competent and neutral conciliator, in a peaceful and safe way, on the Internet. For more information on the "RisolviOnline" rules or to submit a request for conciliation access to "RisolviOnline.com".
7.3 Please also note that the European Commission provides a platform for the resolution-of-court alternative dispute accessible on http://ec.europa.eu/odr Site.
8. AMENDMENTS AND UPDATES
The General Conditions may be amended by the Vendor from time to time, in consideration of possible regulatory changes, without the need for prior notification to the Buyer, who will be required to constantly check the contents on the Site. The new General Conditions will be effective as of the date of publication on the Site.
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