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 S.p.A., with registered offices in Italy, via dell'Industria 4-6, Breganze 36042, registered at the Trade and Business Registry, tax identification and VAT no. 00642650246, share capital € 22,500,000.00, fully paid-up ("Diesel" or the "Seller"), 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 the customer service department, by applying directly to the Seller’s Customer Care through the contacts listed in the "Customer Care" area of the Site. Each user who purchased Products of the Site, may also obtain information about orders and shipments, and reimbursement and returning of the same. The users have the right to contact the Seller by e-mail at the following email address: firstname.lastname@example.org.
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 of the Seller
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, on the contrary, can be qualified as a “professional”, according to Article 1.1, the same 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 is 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 Netherlands (the "Orders" and each of them “Order”).
1.5. These 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 these third parties, we recommend that the Buyers carefully verify the General Terms and Conditions , 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 Seller
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 by filling out the order form in electronic format (the "Order Form"), to be displayed to the Buyer and by forwarding this form to the Seller immediately before the conclusion of the Contract 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. Furthermore, the Buyer will be presented with 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 subsequently: main characteristics of each product - object of the Orders - the total selling price (inclusive of all applicable taxes and fees, transport costs); methods of payment which the Buyer may use to purchase the Products and costs thereof; methods of delivery of the Products; methods of processing and handling of complaints by the Seller including contact details of the customer service (including communication costs, if any); shipping costs and delivery of the Products; any return costs in case of returns (if applicable), the indentity, references and geographical address and e-mail of the Seller; 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, as well as the manner and the time frame for returning the purchased Products (drawn from the return form which will be provided by the Seller in the package where the Products ordered will be summarized). The Buyer will also be informed of the circumstances in which the same can exercise its right to terminate the Contract. 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. The Order Form will provide 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 incurred for having opted for a specific type of shipment and different and/or faster delivery than that defined by the Seller as "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 the law. The Buyer may access the Order Form, referring to "My order” section.
2.5. When 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 executing Contracts 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 that Products ordered are no longer available. In the above cases, the Seller will inform the Buyer by e-mail, that the Contract may not be fulfilled and therefore the Seller cannot carry out the Order, specifying the reasons. In the event the Products displayed on the Site, are no longer available for sale when the Buyer last accessed the Site or at the time the Order Form is transmitted, the Seller must inform promptly, and in any case within thirty (30) days from the day after the date of receipt of the Order, of the unavailability of the Products included in the Order. In these cases, if the Buyer had already submitted the Order Form and paid the relevant price, the Seller will refund the Buyer the amounts paid by the latter and the Contract will be terminated. The Seller will not be required to reimburse any other amount to the Buyer, for any reason.
2.9 By submitting the Order Form, the Buyer automatically accepts unconditionally and agrees to observe the General Terms and Conditions during its business relationship with the Seller. If Buyer does not agree with any of the terms in the General Conditions, it is asked to refrain from forwarding the Order Form.
2.11 Once the Contract has been entered into, the Seller will send to the Buyer through electronic mail a confirmation receipt of the Order.
3. Guarantee and Product Price
3.1 Only original Products are offered for sale on the Site.
3.2 The Seller does not sell second-hand Products on the Site, products not in conformity, flawed Products and/or otherwise Products that fail to meet the quality standards in the corresponding market.
3.3 The main characteristics of the Products are shown on the Site on 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 Seller and, in any case, due to the Internet browser or any device used by the Buyers; Diesel expressly disclaims all 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" will not be accepted by the Seller.
3.6 The Seller, in case of exercise of the right of return by the Buyer has the right to not accept returned Products or to not fully repay the amounts paid by the Buyer to purchase Products that, upon return, lack the corresponding price tag and / or whose essential and / or qualitative characteristics were altered and / or that display any kind of damage.
4.1 For the payment of prices of Products 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 charged to the Buyer and those effectively incurred by the Seller shall be charged to Buyers in connection with the payment method chosen.
4.3 The price for the purchase of Products and the shipping costs, as indicated in the Order Form, will be charged to the Buyer’s bank account upon shipment of the Products purchased.
5. Product shipping and delivery
5.1. The Buyer, at its discretion, can decide to receive the purchased Products at its chosen address, or to receive the Products purchased at a "DIESEL" Retail Store in the country of purchase (Netherlands), if that store is managed directly by Diesel ("Retail Store") and selected from those listed on the Site. If the Buyer opts for delivery at a retail store, he/she will be informed of the Product’s arrival at the store by e-mail. In this case, the Buyer must collect the Products by presenting himself/herself at the chosen retail store no later than fifteen (15) working days after the communication sent by the Seller. If the ordered Products are not collected within fifteen (15) working days, the Contract shall be deemed, for all purposes, automatically terminated. Consequently, the Products can no longer be collected and will be returned to the Seller, by the sales personnel of the selected Retail Store. As a result of the termination of the Contract, the Buyer will be reimbursed the sums paid, within the time frame and in the manner indicated by Diesel. When the Buyer accesses the Retail Store to pick up the purchased Products, he must show to the sales assistant a copy of the shipping confirmation of the Order as well as a valid personal identification document.
5.2 If the Buyer appoints another person to collect the Products at the Retail Store, this person must present, in addition to the e-mail confirming the shipment of the Order, a copy of the personal identification document of the Buyer along with the authorisation granted and his/her own personal identification document. If the Buyer chooses delivery at a Retail Store, the timing and delivery costs will be the same as those provided for in case of 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 must access the Site section entitled "Customer Service". Please pay attention to the information provided in this section in that it represents an integral and essential part of these General Terms and Conditions and, therefore, such is deemed to be completely understood and accepted by the Buyer when the Order Form is transmitted.
6. Customer Care
6.1 The Buyer may request any information through the support services of the Seller. For further clarification, reference is made to the Customer Service area.
7. Governing Law and Disputes Resolution
7.1. The General Terms and Conditions are governed by the Dutch law and the contract is concluded in Netherland.
7.2. 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.
7.3. Any judicial dispute that may arise between the Parties, shall be settled by the competent Court of Buyer’s residence or domicile, if within Dutch 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.