TERMS & CONDITIONS

ART. 1) PURPOSE

These General Terms (hereinafter referred to as General Terms) are applied to products sold on-line through the www.dainese.com Internet site (hereinafter referred to as Site) owned by DAINESE S.p.A. with registered office in Via dell'Artigianato No. 35 – 36060 – Molvena (VI), Italy, registered in the Vicenza Registrar of Companies to No. 00727080244 with Tax File and VAT No. 00727080244. Products purchased at the Site www.dainese.com are sold directly by Dainese. Such purchases are reserved to direct final users and not addressed to commercial operators, such as wholesalers, retailers, or professionals who intend to re-sell such products to third parties. Dainese reserves the right to modify these General Terms in any moment whatsoever after first providing Customers with previous announcement in the Site on the occasion of the next access to the Site following the modification of the General Terms. Dainese declines any and all contractual liability and/or liability outside the contract for direct or indirect damages and/or injury derived from its partial or total failure to accept orders.

ART. 2) PARTIES INVOLVED

Supplier: the DAINESE S.p.A. Company with registered office in Via dell'Artigianato No. 35 – 36060 – Molvena (VI), Italy, registered in the Vicenza Registrar of Companies to No. 00727080244, and with Tax file and VAT No. 00727080244 (hereinafter referred to as Dainese);
Customer: the party identified by the data entered at the moment of compilation and transmission of the order form in electronic format with the simultaneous acceptance of these General Terms (hereinafter referred to as Customer). The Customer is strictly prohibited from entering false and/or invented and/or whimsical names in on-line order procedures and any further communications.
Dainese reserves the right to take legal action for every violation and abuse of the above in the common interest and protection of consumers. The Customer also agrees to release Dainese from any and all liability derived from the issue of erroneous fiscal documents derived from erroneous data supplied by the Customer, and that only the Customer will be exclusively liable for the correctness of such data.

ART. 3) ON LINE PURCHASE AND SALE

The term on-line purchase and sale contract is applied to a contract stipulated at a distance for legal transactions conducted for the sale of movable property (hereinafter referred to as Product or Products) stipulated between Dainese and the Customer using the remote sales system organised by Dainese which by virtue of such contract employs the remote communication technology known as internet. For this reason, such contracts will be stipulated directly through Customer access to the Internet Site at the www.dainese.com, address by following the procedures indicated for the stipulation of the contract for the purchase of the Product.
A Technical Data Sheet that illustrates the principle characteristics and technical specifications of each one of the Products will be available for consultation in the Site. It remains understood that the photos/figures provided in the descriptive Technical Data Sheets for the Products cannot perfectly represent the characteristics of the same and may differ in terms of colour, dimensions, and accessory products shown in such photos/figures, and that Dainese may vary such characteristics in any moment at all without necessarily providing advance notice.
Product Technical Data Sheets are freely consultable, and Dainese declines any and all liability for inaccuracies contained therein, given that they serve purely for the purpose of illustration. In order to complete the Product purchase procedure, the Customer must register in the Site by entering the data requested in the respective form available in the Site for the selection of a code for personal use (Password) and a personal identification code (User-ID) (hereinafter referred to as Identification Instruments), unless the Customer has already been registered as a Dainese D-Club member.
The above-mentioned data are subject to the provisions of Law Decree No. 196 dated June 30, 2003 entitled 'Defence of individual persons and other parties with regard to the processing of personal data' as indicated in the respective section Privacy, and can be modified by the Customer in any moment whatsoever by following the procedure indicated in the Site. These data will be memorised by Dainese in such way that following the first purchase, the Customer will be able to use the Identification Instruments selected at the moment of registration and continue placing orders, and the Customer will no longer be required to enter his or her own data for future orders after the first purchase has been made. The Identification Instruments are strictly personal, cannot be transferred to third parties, must be kept secret, and for reasons of security must never be conserved together or written on a single document. Whenever the Customer forgets the password and/or User-ID selected at the moment of registration, he or she must follow the procedure indicated in the respective section of the Site in order to request new Identification Instruments for access to the Site.
The Customer can purchase only the Products offered on the Site at the price indicated therein by following the procedure indicated in the Site itself. The correct reception of the order is confirmed by Dainese through an answer sent via e-mail to the e-mail address indicated by the Customer. This confirmation answer must mention the date and hour of the filling of the order and a Customer order number to be used in further communication with Dainese in such regard. This confirmation answer must also include all the data entered by the Customer, who is required to check the correctness of such data and promptly inform Dainese of any corrections to be made using the methods indicated in the Site.
Dainese reserves the right to request further information from the Customer via e-mail regarding the purchase order placed through the Site prior to the confirmation of the same.

ART. 4) UNAVAILABILITY OF PRODUCTS

The momentary unavailability of Products is indicated in the Site. Whenever the Products ordered are unavailable in the Dainese warehouse after the respective order has been placed by the Customer through the Site, Dainese will provide immediate notice sent to the e-mail address indicated by the Customer at the moment of registration and proceed to the immediate reversal of any payments already made in regard.

ART. 5) ACCEPTANCE OF THE GENERAL TERMS OF SALE

With the computerised transmission of confirmation of the purchase order placed, the Customer unconditionally accepts and agrees to respect the General Terms and the terms of payment indicated in this document in all relations with Dainese, declaring to have understood and accepted all the instructions and information provided by this latter and also recognising that Dainese does not consider itself bound to respect any other conditions unless previously agreed in written form.

ART. 6) SALES PRICES

Unless indicated otherwise in written form, all the prices indicated must be considered VAT included and expressed in Euros. Prices may vary in any moment without notice, and only the price indicated at the moment of confirmation of the order by Dainese will be considered the correct price.

ART. 7) METHOD OF PAYMENT

The Customer must pay for both the Products purchased and respective shipping expenses exclusively through the method below.

7.1 Credit card

Whenever Products are purchased by credit card, simultaneously with the conclusion of the transaction on-line, the respective bank will authorise only the outlay of the sum required for the order placed. The sum corresponding to the Products purchased will be definitively debited to the Customer's credit card only after the respective order has been confirmed by Dainese. Whenever the Customer chooses to exercise his or her right to withdraw following payment for Products purchased on-line, Dainese will instruct its bank to credit the exact sum to be reimbursed on the Customer's credit card. The Customer must possess a credit card that is valid at the moment of order of the Products to be purchased on-line.At no moment during the purchase procedure will Dainese be in the position to obtain information on the Customer's credit card because all such information is transmitted through a connection protected directly at the Site of the bank assigned to the management of the transaction, and no Dainese data bank will ever store such information. Under no circumstances can Dainese be considered liable for any fraudulent or inappropriate use of Customer credit cards used for the purchase of Products through the Site.

ART. 8) METHOD OF DELIVERY

The Products purchased will be delivered by Dainese to the address indicated by the Customer.
Each shipment contains:
- the Product(s) ordered;
- the respective invoice (only when the Customer expressly requests the same from Dainese with the use of the e-mail address indicated in Art. 13 below).
Dainese ships its Products to the Customer through selected express couriers. Approximately speaking, without binding Dainese in any way, depending on the availability of the goods in the warehouse, and barring unforeseeable circumstances, Dainese will deliver the goods to the express courier within two working days after it has accepted the order. Orders will be filled only when all the goods are entirely available. Upon receiving the goods at his or her address, the Customer must check the integrity of the parcels and make sure that the quantity and quality of goods received correspond to the specifications of the order. Whenever any discrepancies are noted, it is the responsibility of the Customer to bring such discrepancies to the attention of the courier for purpose of written record upon pain of forfeiting all further rights in regard.

ART. 9) INVOICING

At the express written request of the Customer sent to the following e-mail address: dstoreonline@dainese.com, Dainese will issue due invoice for the goods sent, and send such invoice to the Customer in PDF format via e-mail. The information provided by the Customer at the moment of order will be used in such invoice, and no further modifications can be made to such information after issue.

ART. 10) LIABILITY

Barring cases of serious neglect or fraudulent intent, Dainese declines any and all liability for direct, indirect or consequential damages unforeseeable at the moment of signature of these General Terms to the Customer or third parties derived from the services rendered in execution of the contract and/or damages of any kind or any reason related to the same or derived from the non-fulfilment of any obligations stipulated therein, and even in the hypothesis of reimbursement for damages advanced by third parties for any reasons whatsoever.
The Customer expressly agrees that any and all Dainese liability for any non-fulfilment of the above-mentioned services will be limited and will never in any case exceed the sums received by the same and paid by the Customer in regard to the execution of the single services involved in such liability, and claims for any further damage, loss, cost or expense are hereby expressly excluded.
Dainese declines any and all liability for disservice and/or harm derived by the Customer from causes not ascribable to itself or delays due to the malfunction, failure or irregular transmission of information or causes beyond its control, including, for mere purposes of example without excluding others, delays or power failures in the communication lines, the interruption of operation or connection in the Internet connection line or the interruption, suspension, or malfunction of Internet access providers, the interruption, suspension, or malfunction of the e-mail or postal service, electrical power failure, lock-outs or strikes, even by Dainese personnel whenever such occur, impediment or obstacle created by provisions of the law or acts of national or foreign authorities, legal actions or measures, or the actions of third parties or other causes not ascribable to Dainese, and in general, any impediment or obstacle that cannot be overcome through the application of criteria of ordinary diligence by Dainese in regard to the nature of the activity conducted.
Dainese reserves the right to suspend or interrupt connection to the Site in any moment for both technical reasons and reasons related to the efficiency and safety/security of the services themselves, and also the right to suspend operation for cautionary reasons without creating grounds for Dainese liability for the consequences of such interruptions or suspensions.
Dainese declines any and ally liability for any fraudulent or illicit use by third parties of the credit cards being used by the Customer at the moment of Product purchase, also due to the fact that at no moment during the purchase procedure will Dainese be in the position to learn the number of the Customer's credit card.

ART. 11) WARRANTY ON NON-CONFORMING PRODUCTS

All Products purchased through the Site www.dainese.com are subject to the provisions of Law Decree No. 24, dated 02.02.2002 24 (Official Gazette No. 57 issued 08.03.2002), whenever applicable, that govern sales contracts and the warranties issued for consumer goods, and whenever not expressly mentioned, the specific provisions provided in the Civil Code.
This warranty will be applied to Products that present defects in conformity and/or malfunction that are not immediately evident at the moment of purchase, provided that such Products have been used correctly and with due diligence in respect of the standards of appropriate use and in accordance with the content of any technical documentation supplied and the rules for operation provided therein.
The above-mentioned warranty will not be applied in cases of negligent or imprudent use and/or maintenance of the Products. This warranty is personal and will be applied only for the original purchaser, due to the fact that it is reserved to final customers and not retailers or commercial operators of any kind.
Any non-conformities in the Products must be notified within the terms prescribed by law and by filling out the form to be requested from the following e-mail address dstoreonline@dainese.com and then enclosed by the Customer at the moment of return of the non-conforming Products together with a copy of the confirmation of order sent by e-mail from Dainese (as indicated in Art. 3 above).
Even non-conforming Products returned to Dainese for repair or replacement must be complete with their original packaging and all the accessories and documentation received by the Customer at the moment of purchase. The return of the Products without the above-mentioned original packaging, accessories, and documentation prevents Dainese from obtaining the replacement of the Product.
Dainese reserves the right to verify the defect claimed by the Customer and to perform repair or replacement only after first making inspection. Whenever, following such check by Dainese, the defect is not considered to be a non-conformity defect. Dainese reserves the right to charge the Customer for the costs of verification and recovery together with the respective shipping costs.

ART. 12) RIGHT TO WITHDRAWAL

Purchases made through the Site www.dainese.com are subject to Italian law governing mail-order sales. Whenever the Customer has made a mistake in the order and received an undesired article, he or she has 10 (ten) days from the date of delivery to exercise the right to withdraw and return the Product.
As per the sense and effect of Art. 5 DL 185/1999, whenever the Customer is a consumer, in other words, an individual person, who acquires the Products for no reason related to professional activity, he or she has the right to withdraw from the purchase contract for any reason, and as a result has the right to return the product purchased and be reimbursed for the cost as described below.
The right to withdrawal is subject to the following conditions:
- this right is applied to the product as a whole and not to its single parts or components;
- in the hypothesis of prize operations or promotional sale, in which the purchase of the product is associated with another product that is sold at an insignificant price (or even given for free), the right to withdraw will be legitimately exercised by returning both products resulting from the purchase (provided that the second product is deemed a promotional accessory to the first product).
In order to exercise the right to withdraw, the Customer, without being required to provide explanations and without any penalty, must send a notice indicating the intention to withdraw from the contract within the term of 10 (ten) working days from the date of receiving the product. Such notice must be sent to the attention of the Web Department by means of Registered Letter with notice of receipt addressed to Dainese S.p.A., Via dell'Economia, No. 91 – 36100 Vicenza ITALY. At the same time as the intention to withdraw is sent, the Customer must proceed to the return of the undesired product to Dainese S.p.A. Via dell'Artigianato, n° 35 –36060 Molvena (VI) ITALY Dainese through a courier of his or her own selection with an enclosed copy of the above-mentioned registered letter.
The product must be returned in integral condition and accurately repacked in its original packaging complete with every accessory. As prescribed by law, the shipping expenses for the return of undesired Products must be borne by the Customer. Whenever the Customer exercises the right of withdrawal in regard to more than one product in the same order, all such Products must be returned to Dainese in a single shipment. Dainese declines any and all liability for damage or the theft/loss of goods returned by uninsured shipments. Dainese will reimburse the Customer with the sales price paid the for product for which the Customer elects to exercise right to withdrawal only on the condition that a copy of the confirmation of order sent by e-mail from Dainese (as indicated in Art. 3 above) is also enclosed together with the product. Dainese will proceed to the reimbursement of the entire sum paid by the Customer at the moment of purchase within 30 days of the date in which Dainese comes to the attention of such exercise of the right to withdrawal by crediting of the amount to be reimbursed to the Customer's credit card, provided that the product has been returned as described above.
The right to withdrawal is automatically lost in any of the following cases:
- whenever the product is not returned in its original box and/or packaging;
- whenever the product is returned incomplete without its accessories, tags, labels, informative notes, etc.);
- whenever the product is returned damaged by causes other than those incurred by shipping;
- whenever the product has been used.
Whenever the right to withdrawal has been lost, Dainese will return the product purchased to the sender and charge the latter for the shipping costs required.

ART. 13) FURTHER INFORMATION AND CLAIMS

For any further information or claims, Dainese can be contacted at the following e-mail address: dstoreonline@dainese.com

ART. 14) COMMUNICATIONS

The Customer recognises and accepts that all the communications, notifications, certificates, information, statements, and any other documentation regarding the operations performed in regard to the purchase of the Products will be sent to the e-mail address that he or she has provided at the moment of registration, with the possibility to download information on permanent support materials in accordance with the methods and limits provided in the Site.

ART. 15) CANCELLATION OF ORDERS BY DAINESE

Dainese reserves the right to cancel an order or an article in an order in any of the following circumstances:
- the articles are indicated as being no longer included in the catalogue;
- the articles cannot be delivered for particular reasons;
credit card fraud.

ART. 16) JURISDICTION AND COMPETENT COURT OF LAW

This contract is subject to Italian Law. For any dispute or controversy regarding its validity, interpretation or execution, the exclusively competent Court of Law will be the Court of Padova.