CONDITIONS OF SALE
The offer and sale of products on www.dainese.com (hereinafter the "Website") are regulated by these Conditions of Sale.
The products purchased from the Website are sold directly da DAINESE S.p.A. with registered office in Italia, in Via dell'Artigianato n. 35 – 36060 – Molvena (VI), Vicenza Business Registration Number n. IT03924090248, C.F. e P.IVA IT03924090248 (hereinafter the "Seller" or "Dainese"). The Seller can be contacted by e-mail with all queries, at the following address: firstname.lastname@example.org.
For legal information regarding the Website, please refer to the sections entitled: Disclaimer & Conditions for Use, Privacy, Conventional Guarantee, Delivery and Returns.
The Website is owned by DAINESE S.p.A.
ARTICLE 1) SUBJECT
1.1 These Conditions of Sale concern the offer and sale of products and services from a remote position, by means of the Website telematic network.
1.2 The Seller reserves the right to amend these Conditions of Sale at any time, also in view of any potential changes to legislation. The new Conditions of Sale shall take effect as from the date on which they are published on the Website.
ARTICLE 2) PARTIES
2.1 Seller: the company DAINESE S.p.A. with registered office in Italia, in Via dell'Artigianato n. 35 – 36060 – Molvena (VI), Vicenza Business Registration Number n.IT03924090248, C.F. e P.IVA IT03924090248.
2.2 Client: the party identified from the data entered upon completing and sending the electronic order form, with simultaneous acceptance of these Conditions of Sale (hereinafter the "Client"). Entry by the Client of false and/or invented and/or created names in the on-line order procedure and in further communication, is strictly prohibited. The Seller reserves the right to take legal action to pursue any violation and abuse, in the interests of and to protect all consumers. The Client also relieves the Seller of all liability deriving from the issue of incorrect tax documents due to errors relating to the data supplied by the Client, as the Client itself is the only party liable for correct entry.
2.3 Purchases made from the Website are for end consumer clients only and not available to traders, wholesalers, retailers, professionals, etc. intending to sell their products onto third parties. The term "consumer" is used to refer to any natural person acting on the Website for purposes not connected with their commercial, entrepreneurial or professional business (hereinafter the "Consumer"). Non-Consumer Clients are asked to abstain from implementing commercial transactions on the Website. The Seller in any case reserves the right not to process any orders placed by parties other than the Consumer and in any case orders not in compliance with its commercial policy.
2.4 The presentation of the Products on the Website, which is not binding for the Seller, is a mere invitation to the Client to make a contractual purchase proposal and not a public offer.
ARTICLE 3) ON-LINE SALES
3.1 An "on-line contract of purchase or sale" means the remote contract, i.e. the legal trade concerning the sale of movable assets, also including services, such as the cleaning/restoration service (hereinafter the "Products") stipulated by the Seller and the Client as part of a remote sales system organised by the Seller, which, for that contract, uses the remote communication technology referred to as the internet. These contracts will therefore be stipulated directly by the Client accessing the Website, where the Client stipulates the contract to buy the Product by filling in the electronic order form and sending it to the Seller, again telematically, following the relevant instructions. The Client can only purchase the Products offered on the Website, at the price specified there, following the procedure indicated on the Website. When the Client places an order, at least the following information must be supplied: name, address, e-mail, delivery and billing address, telephone (and/or fax) number) and any data relating to the means of payment used.
Purchase requests from originating from countries other than that chosen by the Client from the Website "selection menu" or to be sent to addresses to which the Seller cannot send (for reasons such as, for example, the lack of approval of the Product ordered for the relevant country) cannot be accepted by the Seller.
3.2 The Website has a technical data sheet available for each Product, containing their main characteristics and technical specifications. The image provided with each technical sheet describing the Product may not be a perfect representation of its characteristics; colours and sizes may vary and the product may not include accessories, which are instead shown in the image. Changes can be made at any time with no obligation by the Seller to provide notice of such. Product sheets are freely available for consultation. The Seller refuses all liability for any imprecision relating to the Product sheets, insofar as they are provided for information only.
Each Product is shown with its price (including all applicable taxes and duties, without prejudice to the provisions of paragraph 6.3 below). Postage costs must be added to this, calculated according to the delivery address specified by the Client.
3.3 In order to complete the Product purchase procedure, the Client may choose to:
enter all data necessary to complete the order form each time;
register with the Website by entering the data required into the specific form available from the Website and choosing a password and user ID (this coincides with the e-mail address used) (hereinafter the "Identification Credentials") and complete the order form;
enter the Identification Credentials already in their possession, if the Client is a member of the "D-Club Dainese" and complete the order form.
The Identification Credentials are personal and must not be transferred to third parties. They must be kept secret and, for reasons of security, should not be stored together nor noted in a single document. If a Client should forget their password and/or User ID chosen at registration, there is a specific procedure described in the relevant section of the Website by which to request new Website Identification Credentials. As the e-mail address supplied and used as a User ID cannot be changed, the Client must take great care not to lose the necessary credentials to access this e-mail address, as this would require him to repeat the entire registration procedure and thereby obtain new Identification Credentials.
3.4 The Seller will confirm correct receipt of order by e-mail, sent to the address provided by the Client. The confirmation message provides the order date and details (essential Product characteristics, details of price, means of payment and postage costs) as well as a "Client order number" to be used in all communication with the Seller. The message will give all data entered by the Client, who undertakes to check that it is correct and report any corrections to be made as quickly as possible, in the way specified by the Website. Before sending confirmation of order, the Seller may e-mail the Client for more information relating to the purchase order made via the Website.
3.5 Without prejudice to the provisions of the Article below, the Seller will send the Client an e-mail confirming delivery when dispatching the Product; this will also contain the tracking number to enable the Client to track its progress.
3.6 The data relating to each order placed will remain available, for Clients registering in accordance with the procedure described above under paragraph 3.3, within their account for at least 1 (one) year.
ARTICLE 4) PRODUCT UNAVAILABILITY - RESERVATION
4.1 The temporary unavailability of Products (or specific sizes, measurements, etc.) is specified on the Website by not showing the Products or the relevant sizes/measurements.
4.2 If Products ordered should become unavailable after confirmation of order has been given on the Website by the Client (as described in the Article above, paragraph 3.4), the Seller will immediately e-mail the Client to this effect, to the address given at registration, and will immediately refund the payment if it has already been made (the time of effective re-crediting of the amount paid will depend on the payment means chosen by the Client). If the Product should only be partially unavailable, the consequent refund of payment will also be partial.
4.3 In some cases and for some Products, chosen at the discretion of the Seller, a Product booking service will be available, with delivery dates established specifically each time.
In these cases, if the Product booked should effectively be unavailable upon expiry of the terms of delivery agreed, the Seller will immediately refund the Client any payment already made.
ARTICLE 5) ACCEPTANCE OF THE CONDITIONS OF SALE
5.1 In submitting telematic confirmation of the purchase order, the Client accepts the Conditions of Sale and payment described in this document unconditionally and undertakes to comply with them in all relations with the Seller; he further declares that he has read and agrees to all instructions given him and acknowledges that the Seller will not be bound by any different conditions unless agreed in advance, in writing. Any Client disagreeing with any of the terms given in these Conditions of Sale is asked not to submit an order form to purchase Products from the Website.
5.3 By submitting an order, the Client also confirms that he is aware of and accepts the provisions of the sections Disclaimer & Conditions of Use, Privacy, Conventional Guarantee, Delivery and Returns of the Website.
ARTICLE 6) RETAIL PRICES, TAXES AND DUTIES
6.1 Unless otherwise specified in writing, all prices given are inclusive of applicable taxes or duties, including VAT, and are in euros, US dollars, CHF or GBP. Prices are always and only valid as indicated by the procedure (product sheet or order form) at the time the order is submitted to the Seller. Prices may change with no obligation to provide notice of such. The only correct price is that given at the time the order is confirmed by the Seller.
6.2 The prices given do not include delivery costs. These are calculated before the Seller sends confirmation of order to the Client; the Client undertakes to pay these to the Seller in addition to the price specified on the Website.
6.3 If the Products need to be delivered to a non-European Union country, the total price specified on the order and repeated in the confirmation of order, inclusive of indirect tax (where applicable) is net of any customs duties or other such sales taxes; the Client hereby undertakes to pay any such duties or sales taxes that Seller can not estimate, where due, in addition to the price stated on the order and confirmed in the confirmation of order, in accordance with the provisions of the law of the country to which the products are to be delivered. The Client is asked to find out about any duties or taxes applied in his country of residence or in the country to which the Products are to be delivered, from the competent bodies of his country of residence or to which the Products are to be delivered.
If on-line purchases are made from the following countries: U.S.A. – Swiss Confederation – Norway – Australia, the Seller will pay for all costs connected with taxes and release from customs.
6.4 The Client shall pay for any further additional cost, charge, tax and/or duty that a given country may apply, by any title, to the Products ordered in accordance with these Conditions of Sale.
6.5 The Client declares that lack of knowledge of any costs, charges, taxes and/or duties pursuant to paragraphs 6.3 and 6.4 above at the time an order is sent to the Seller, shall not constitute grounds for termination of this contract and shall not result in any such charges being incurred by the Seller.
ARTICLE 7) METHOD OF PAYMENT
7.1 The Client can pay for the Products purchased and all related delivery costs in any of the ways specified on the Website (credit card, PayPal and bank transfer).
7.2 If Products are purchased by credit card, upon conclusion of the on-line transaction, the reference bank will debit Client's credit card the amount connected to the order only once the Seller has confirmed the order.
If the Client (a Consumer) should exercise his right to withdraw, the Seller shall order the bank to credit the amount to be refunded to the Client's credit card without delay and in compliance with the conditions laid down in Article 12 below. At no point of the purchase procedure is the Seller able to gain information on the Client's credit card; such data is sent by means of a protected, encrypted connection, directly to the website of the bank handling the transaction. The Seller shall not store this data in any computer archives. Under the circumstances, therefore, can the Seller be held liable for any fraudulent or undue use of credit cards by third parties, upon making payment for Products purchased from the Website.
7.3 If payment should be made by bank transfer to the Seller, the Client must specify, in the reason for payment, the Swift and IBAN codes given in the confirmation of order, as well as the order number. It is understood that, in case of payment with bank transfer, Products will be shipped only after the amount of the price paid has been cleared in Seller's bank account.
ARTICLE 8) DELIVERY METHOD
8.1 Products purchased by the Client will be delivered by the Seller, to the address specified by the Client.
Each delivery contains:
- the Product/s ordered;
- the packing list;
- the invoice issued by the Seller, if the Client is based outside the European Union.
8.2 Seller delivers the Products to the Client using selected express courier services. As a general rule - but in any case without this forming any restriction for the Seller and without prejudice to: (a) the effective availability of Products; (b) periods of closure of the logistics warehouse for inventories/security controls or periods of closure of the logistic warehouse for Italian National Holidays; (c) any causes of force majeure; and (d) the verification of the availability of the amount paid in the Seller's bank account in case of payment with bank transfer (as per art.7.3) - the Seller will provide the chosen courier with the Products ordered within two working days of the acceptance of the order. In any case, delivery will be made within 30 (thirty) days of the day after the date on which the Client submitted the order.
If Products should only be partially available, after confirmation of order, the Seller will inform the Client of this promptly and, with the latter's approval, will dispatch the Products effectively available.
Upon receipt of the Products, the Client must check that the packs are intact and that the quantity and quality coincide with that ordered. Any differences and/or discrepancies must be reported and noted by the Client to the courier; if the packaging or packing of Products ordered by the Client should reach destination showing clear damages, the Client should refuse delivery by the courier or opt to accept it "with reservations". Products purchased will be delivered to the courier chosen by the Seller, to the delivery address specified by the Client.
ARTICLE 9) INVOICING
9.1 The Seller will issue in PDF format, upon request, an invoice for the Products shipped, e-mailing it to the Client who accepts to recieve it in electronic format, except for orders coming from outside the European Union where invoice will be included in the shipment. The information supplied by the Client at the time of order will be used for the invoice. Once the invoice has been issued, no changes can be made to the data specified.
ARTICLE 10) LIABILITY
10.1 Except in cases of wilful negligence or misconduct, the Seller shall not be held liable for any direct, indirect or consequential damages that could not be foreseen at the date of stipulating these Conditions of Sale, suffered by the Client or third parties in connection with the services it provides and/or for any damages of any type or in any way connected with them, deriving from breach of their obligations, even in the event of compensation for damages claimed by third parties, by any title.
The Client specifically acknowledges that the Seller's liability for any breach of the services pursuant to the point above is limited to, and may not in any case exceed, the amounts received by it and paid by the Client in connection with the individual services to which said liability refers. All greater damages, losses, costs or expenses are specifically excluded. The Seller shall not be held liable for any disservice and/or prejudice as may be caused to the Client for reasons for which it is not liable or, in any case, from delays due to malfunction, the failure or irregular sending of information or causes beyond its control, including, but not limited to, delays or failures of the system line, interruption to function or lack of internet connection or interruption, suspension and malfunction of internet access nodes, interruption, suspension or poor function of the electronic, postal service or electricity supply; lock-downs or strikes, including of its own staff, where such may occur; impediments or hindrances caused by provisions of law or other acts by national or foreign authorities; legal orders or acts or those of third parties; other causes not at the fault of the Seller and, in general, all impediments or hindrances that cannot be overcome by due diligence on the part of the Seller in connection with the business carried out.
10.2 The Seller has the right to suspend or interrupt connection to the Website at any time for technical reasons or for reasons connected with the efficiency and security of the services; it also has the right to suspend operations as a precautionary measure. The Seller shall not be held liable for the consequences of any such interruptions or suspensions.
10.3 The Seller is not liable for any fraudulent or unlawful use by third parties of the credit cards used by the Client when purchasing the Products. At no point during the purchase procedure is the Seller able to gain awareness of the Client's credit card number.
10.4 Finally, all contractual or non-contractual liability of the Seller for any direct or indirect damages caused to persons and/or objects by failure by the Seller to fully or partially accept an order, is excluded.
ARTICLE 11) WARRANTY COVERING NON-COMPLIANT PRODUCTS - CONVENTIONAL GUARANTEE
11.1 The Website mainly sells Products of brands owned by companies of the Dainese/AGV Group or by partnership companies (by way of example, in the form of commercial collaborations or trademark licences). The Seller does not sell any second-hand or irregular products or products of lower quality than market standard.
11.2 The Products purchased on the Website are subject to warranty regulations, where applicable, pursuant to Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter the "Consumer Code"), Articles 128 et seq., on sales contracts stipulated between professionals and Consumers and and on guarantees concerning consumer goods and, where not considered therein, the specific provisions on the matter as laid down by the Italian Civil Code.
The Seller therefore guarantees the Consumer Client that the Products will be free from design and material flaws and compliant with the descriptions published on the Website for a period of 2 (two) years (one year for the USA and Canada) as from the date the Products are delivered to the Client. Warranties will be invalidated if the Product is used or washed in a manner that is not appropriate for the Product or in line with the instructions/warnings given in this respect by the Seller, or as specified in the reference presentation material, on the tags or on the labels.
This warranty shall apply to any Product seen to have conformity flaws and/or malfunctions that could not be seen at the time of purchase, as long as the Product has been used correctly and with due diligence and, therefore, in respect of its intended purpose and the instructions given in any technical documentation, in compliance with the various operative indications given therein. This warranty shall not apply in the case of negligence or lack of care in Product use and maintenance.
The warranty is personal and shall therefore only apply to the original buyer. It is reserved exclusively to the Clients of the Seller classified as Consumers and not traders, retailers, etc., which cannot be classified as Consumers in accordance with the Consumer Code (and to which, by contrast, legislation on guarantees against flaws in sold goods, as established by the Italian Civil Code, shall instead apply).
11.3 The Seller must be informed of any non-conformity of Products (including non-conformity of a Product as a result of damages suffered during transport) within 2 (two) months of discovery (terms established by the Consumer Code); with request sent by email to: email@example.com. The Client must attach this when returning the non-compliant Product, together with a copy of the confirmation of order e-mailed by the Seller, or the invoice. The Seller may also ask the Client to e-mail photographs showing the non-conformity claim made.
11.4 The Seller will contact the Client to organise, where applicable, the courier collection of the non-compliant Product and handle the following stages at no expense to the Client, restoring the Product's conformity by repairing/replacing it or reducing the price accordingly, through the terminating of the on-line sales contract and refunding the price paid.
The time required to repair or replace the Product will depend exclusively on the policies of the individual manufacturers. No damages can be claimed from the Seller for any delays in making the repair or replacement.
11.5 Even if allegedly non-compliant, at the time it is returned to the Seller for repair or replacement, the Product must be complete with all packaging and accessories and documents received by the Client at the time of purchase. Returning the Product without its original packaging, accessories or documentation, as above, will prevent the Seller from acting on the Product and therefore make any repair or replacement impossible. The Seller reserves the right to verify the effective flaws claimed by the Client and to organise the repair or replacement only after such checks have been completed.
If the Seller's verification should reveal that the flaw claimed by the Client is not a flaw in conformity, the Seller reserves the right to charge the Client for the costs of the test and restoration as well as the transport costs incurred. The Client can then choose to have the Products purchased returned, at his own expense. If the Client should refuse delivery, the Seller reserves the right to keep the Products and the price paid for their purchase.
11.6 If the Product should not be found to have a conformity flaw, the Client may request an estimate for its repair/restoration in exchange for payment.
11.7 If the Product sold had been made-to-measure or clearly personalised for the Client, the legal guarantee described in this Article shall not apply with reference to the characteristics of the Product developed in fulfilment of the instructions given by the Client (e.g. length, width, colour, etc.), nor indeed by a Product's look be disputed, insofar as this is an objective characteristic of the item (determined by the manufacturer according to the final use and style chosen by the company for a line of clothing or a given item, and therefore which complies with standards that are exogenous to the Client).
11.8 Some specific Products are also covered - in addition to the legal guarantee due to the Consumer Client in accordance with the Consumer Code or the guarantee against flaws in objects sold due to professional Clients in accordance with the Italian Civil Code - by a specific conventional manufacturer's warranty.
The type of Products concerned and the characteristics and limits to this conventional warranty, depending on whether they are Dainese brand Products or AGV-MDS Products, are described at the following links: "Dainese Warranty" - "AGV-MDS Warranty".
ARTICLE 12) RIGHT TO WITHDRAW
12.1 Articles 52 et seq. of the Consumer Code establish that the Client - only where said Client is a Consumer - shall, with no need to provide any reason for the choice, have the right to withdraw from the purchase made. As an exception to the terms of law, the Seller extends the terms within which to exercise a right to withdraw from the on-line contract of sale to 30 (thirty) days from the date on which the Product is delivered; this means that within these terms, the Product can be returned and expenses refunded, in compliance with the methods set out below.
12.2 The right to withdraw is subject to the following conditions:
- the right is reserved to Consumers and therefore does not apply to professionals and businesses and cannot be exercised if the Client had requested the issue of an invoice with a VAT number;
- the right applies to the whole Product and not parts or components of such;
- in the event of prizes or promotional sales, in which the purchase of one item is connected with another sold at a negligible price (or even free of charge), the right to withdraw may be lawfully exercised with the return of both Products purchased (given the restriction of the item under special offer only being available with the purchase of the other item);
- in accordance with Art. 59, paragraph 1, letter c) of the Consumer Code, if the Product sold has been made-to-measure or clearly personalised for the Client, he shall have no right to withdraw.
12.3 In order to exercise his right to withdraw, with no need to provide any explanations and incurring no penalty, the Client must:
- if the Client is registered with the Website, he/she will have to express the desire to withdraw from the on-line contract of sale within 30 (thirty) days of the date on which he/she received the Product, by accessing his/her account on the section “Orders” and by following the instructions that will appear after clicking on the “CREATE A RETURN” button. Otherwise, the Client can send an e-mail to firstname.lastname@example.org to express the desire to return the order.
- if the Client is not registered with the Website, he/she will have to access the section of the website where he/she can insert his/her e-mail address and order number. Then follow the instructions. Otherwise, the Client can send an e-mail to email@example.com within 30 (thirty) days of the date on which he received the Product, specifying his desire to withdraw from the on-line contract of sale.
12.4 At the same time as submitting notice of withdrawal, the Client must act to return the Product to the Seller. The Product must be delivered within 30 (thirty) days of notice by the Client in accordance with paragraph 12.3 and the costs incurred by the Client for returning the Product shall be at the Client's expense (please note the clarification given in paragraph 12.5 below).
Following are the companies responsible for managing returned Products:
- for all Clients, apart from those ordering from the USA, the Seller, to which the Client must, therefore, send the Product, using a courier of his own choice, to: Dainese S.p.A. – Via dell’Artigianato, n° 35 –36060 – Molvena (VI) ITALY;
- for Clients ordering from the USA, Dainese USA Inc. on behalf of the Seller, to which the Client must, therefore, send the Product, using a courier of his own choice, to: Dainese USA Inc. - 1001 Brioso Drive, Costa Mesa, 92627, California (USA).
12.5 The Product must be returned intact and carefully packaged in its original packing, complete with all accessories. If use/handling of the Product should be seen by the Client, different from the minimum required in order to verify its nature and characteristics, in accordance with Art. 57 of the Consumer Code, the Client will be liable for the consequent deterioration in value, which is hereby agreed as a reduction of 50% (fifty percent) of the price originally paid; the Seller will withhold this amount when refunding the price.
If withdrawal is exercised for several Products pertaining to a single order, the Client shall send them all to the Seller together. The Seller shall not be held liable for any damage or theft/loss of Products returned by the Client using uninsured delivery methods.
12.6 The Client shall be unable to exercise his right to withdraw if the following is ascertained:
- lack of original packaging and/or packing;
- lack of all elements comprising the Product (accessories, tags, labels, information notes, etc.);
- substantial damages to the Product for causes other than transport.
If the right to withdraw should be forfeited, the Seller will duly inform the Client of the impossibility of accepting the return. The latter may then choose to have the Products returned, at his own expense, should he so wish. If the Client should refuse delivery, the Seller reserves the right to keep the Products and the price paid for their purchase.
12.7 Without prejudice to the provisions above under paragraph 12.5 on the reduction in value or grounds for forfeiture of the right to withdraw, the Seller will refund the price of the Product for which the Client has exercised his right to withdraw and all delivery costs paid by the Client at the time of order (except if the Client opted for a non-standard delivery method)within 14 (fourteen) days of the date on which the Seller receives the returned Product (20 days for the USA and Canada); this shall be in accordance with the methods specified above, by crediting the amount to be refunded in an appropriate manner depending on the original method of payment used by the Client (re-crediting the credit card or PayPal account, bank transfer, etc.).
12.8 If the addressee of the Product as specified on the order form and the person who made payment of the price of the purchase should not coincide, if the right to withdraw is exercised, the Seller will in any case refund the person who made the payment.
12.9 Even if the Client should wish to exchange the Product purchased in exercising his right to withdraw (different size, model, etc.), delivery costs for returning the Product to the Seller shall be paid by the Client, without prejudice to the application of the procedure established under paragraph 12.5.
ARTICLE 13) INFORMATION AND CLAIMS
13.1 The Seller can be contacted at the following e-mail address for any requests for clarification or claims: firstname.lastname@example.org.
ARTICLE 14) COMMUNICATION
14.1 The Client acknowledges and agrees that all communication, notifications, certifications, information, reports and any other documents relating to the operations performed in connection with the purchase of the Products will be e-mailed to the address specified by the Client at the time of registration; information will be able to be downloaded onto a permanent storage device in accordance with the terms and conditions established by the Website. For users registered in accordance with the procedure described above under paragraph 3.3, this information will remain available in the Client's account for at least 1 (one) year.
14.2 The Seller indicates the following as means of communication:
- postal address: Dainese S.p.A., Via dell’Artigianato, 35, 36060 Molvena (VI) – ITALIA
- email: email@example.com
- PEC: firstname.lastname@example.org
ARTICLE 15) ORDER CANCELLATION BY SELLER
15.1 The Seller reserves the right to refuse or cancel an order or Product that is part of an order if any situation should arise that may cause suspicion of credit card fraud.
ARTICLE 16) APPLICABLE LAW AND COURT OF JURISDICTION
16.1 The contract of sale stipulated by the Seller and the Client, which stems from the acceptance of any order placed via the Website, will be governed by Italian law and specifically by the Consumer Code and Italian Legislative Decree no. 70/2003 for certain aspects relating to electronic trade 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.
16.2 Any dispute relating to the validity, interpretation or fulfilment of these Conditions of Sale and the contract of sale shall be submitted to the exclusive territorial jurisdiction of the Court of Vicenza, without prejudice to the application of Art. 66-bis of the Consumer Code.