The offer and sale of Products with the brands "DIESEL" and "DIESEL BLACK GOLD" (the "Products"), ownership of the company Diesel Benelux BV, with registered office at Danzigerkade 55 1013, AP Amsterdam ("Diesel" or the "Seller”) in the Store through sale by telephone and/or by whatsapp and/or by email are governed by these general terms and conditions ("General Terms and Conditions"). The Products are purchased through the above modes, as detailed in the remainder of these General Terms and Conditions. Each customer may request any information to shop assistants directly from the Store. Each customer, may also obtain information about orders and shipments, and reimbursement and returning of the same. The customers have the right to contact the Seller by e-mail at the e-mail address of the Store or at the telephone number used for the contacts.
1. THE BUSINESS POLICY OF THE SELLER
1.1 The Seller offers Products from the Store for sale also through a correspondence by phone and/or whatsapp and/or e-mail and/or other electronic platform selected by the Seller and carries out its remote sales activity exclusively to customers who proceed to purchase the Products in store through the methods described above, 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 through this system.
1.2 If the customer, potential Buyer, does not fall under the legal definition of "Consumer" but, on the contrary, can be qualified as a professional and therefore does not act as defined in Article 1.1, the same is advised to refrain from entering into commercial transactions through the above modes (i.e. though sale by telephone and/or by WhatsApp and/or by email).
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 exclusively regulate the offer, transmission and acceptance of purchase orders relating to Products purchased in-store with a method of distance selling by the Buyers (the "Order") and thus regulates the relationship between each Buyer and Seller.
1.5 Before submitting orders and purchasing Products and services from third parties, we recommend that the Buyers carefully verify the terms and conditions of sale of the latter, since the Seller shall not, to the maximum extent permitted by applicable law, 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 with third parties.
2. HOW TO ENTER INTO A CONTRACT WITH THE SELLER
2.1 The Buyer, in order to conclude the contract with the Seller to place an order for the purchase of one or more Products with the above modes and conclude the sale (the "Contract"), shall follow the instruction that will be forwarded electronically 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 contain 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 - with the total price of the selling price (inclusive of all applicable taxes and fees, as well as, where applicable, additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable); 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 and delivery costs of the Products; 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). In addition, the Seller shall inform the Buyer about the commercial guarantees as defined in Article 3 of the General Terms and Conditions, and the option for alternative dispute resolution as defined in Article 7.2 of the General Terms and Conditions. The Buyer will also be informed of the circumstances in which the same can exercise its right to terminate the Contract. When all the conditions are met for the exercise of the right of return, the Buyer will be charged for the return costs.
2.3 The confirmation e-mail will provide brief information about the main characteristics of each product purchased, its price (including all applicable fees and taxes). The Contract is deemed formed upon the issue of confirmation by the Seller, electronically, of the necessary and summary information, but only after the Seller will have verified the correctness of all the information contained therein relating to the Order made by the Buyer.
2.4 English is the language used for executing contracts with the Seller.
2.5 At the conclusion of the Contract, the Seller will process the order to execute the contract thereof.
2.6 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 are no longer available for sale at the time the Order Form is transmitted, the Seller must inform the Consumer 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.
2.7 By submitting the Order Form, the Buyer automatically accepts unconditionally and agrees to observe the General Terms and Conditions during its 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.
2.9 Once the Contract has been entered into, the Seller will send to the Buyer through electronic mail a confirmation receipt of the Order, inclusive of the General Terms and conditions and a summary on the right of return, thus, all the information already included in the brief document on sales and contractual conditions, which the Buyer will have reviewed before purchasing the Products.
3. GUARANTEE AND PRODUCT PRICE
3.1 Only original Products are offered for sale in the Store.
3.2 The Seller does not sell second-hand Products, products not in conformity, flawed Products and/or otherwise Products that fail to meet the quality standards in the than the corresponding market.
3.3 The main characteristics of the Products which have been shared between the Seller and the Buyer, may not correspond to the real ones for reasons which cannot 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 prices of Products might be subject to updating. However, the Seller shall charge the Buyer the first selling price of the Product that is shown to the Buyer, in order to calculate the total price of goods and services inclusive of tax as well as, where applicable, additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.
3.5 The purchase requests from Countries different from Netherland and/or any other Country within European union 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 will receive by e-mail the link from the payment provider with instructions to complete the payment and will take place exclusively in the third party environment and at its sole expense and responsibility.
4.2 All personal data provided by the Buyer will be processed by the Seller in compliance with the applicable legislation.
4.3 The payment will be managed through a third-party platform. 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 before or upon shipment of the Products purchased, depending on the Buyer’s desire.
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 recall the Products purchased from a "DIESEL" Retail Store in the country of purchase, if that store is managed directly by Diesel ("Retail Store") and it shall be mentioned in the order confirmation. 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 twenty (20) working days after the communication sent by the Seller. If the ordered Products are not collected within twenty (20) 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 by the same means of payment as the Buyer used for the initial transaction, unless the Buyer has expressly agreed otherwise and provided that the Buyer does not incur any fees as a result of such reimbursement. 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 authorization granted and his/her own personal identification document. Payment cannot be made at the Retail Store. Therefore, cash-on-delivery is not provided as a payment method if the Buyer chooses delivery at the Retail Store. 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.
6. CUSTOMER CARE
6.1 The Buyer may request any information through the support services of the Seller in the Store.
7. GOVERNING LAW AND DISPUTES RESOLUTION
7.1 The General Terms and Conditions are governed by the local laws and in particular by Legislative Decree no. 206 of 6 September 2005 on consumer code in Chapter I "Rights on consumer contracts” with specific reference to legislation on distance selling 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 Seller and the Buyer, arising from the General Terms and Conditions, the Seller guarantees full approval and acceptance of the conciliation service “RisolviOnline”, while the Seller allows the Buyer to choose for a settlement of the dispute by the court with jurisdiction pursuant to law and this choice can be made within a period of at least one month after the Seller has invoked dispute resolution by virtue of this clause in writing. "RisolviOnline" is an independent and institutional service provided by the local Chamber of Arbitration of the competent Court, which allows one to reach a satisfactory agreement, with the help of a competent and neutral conciliator, in a peaceful and safe manner, via the Internet. For more information on the "RisolviOnline" rules or to submit a request for conciliation, access http://ec.europa.eu/odr
8. AMENDEMENTS AND UPDATES
These General Terms and Conditions may be amended by the Seller from time to time, in light of possible legislative changes. The new General Conditions will be effective as of the date of publication on the website.
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