These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) cover the discipline of sales of products and services made available, via internet, from the website http://shop.eu.deuscustoms.com/ (hereinafter, the “Website”) pursuant to Legislative Decree n. 206/2005 as subsequently amended (hereinafter, “Consumer Law”).
The seller of the products and the owner of the Website is: D.E.M. Italy srl with registered offices in Via Giacomo Leopardi 7, 20123 – Milan, VAT and registration with the Register of Companies of Milan n. 07807000968 (hereinafter, “D.E.M. Italy”).
The products displayed on the Website are sold directly by D.E.M. Italy only to final customers (hereinafter, “Customer”), with the exclusion of professionals, dealers, distributors or any other entities or individuals who are interested to buy the products for resale to third parties or for professional use. D.E.M. Italy reserves the right to change or update this General Terms and Conditions at any time, also when required to comply with applicable legislation, and in such case the updated General Terms and Conditions will apply upon their publication on the Website.
2.1The agreement entered by the Customers and D.E.M. Italy through the purchase of products on the Website (“Products”) is governed by these General Terms and Conditions in accordance with Italian law.
2.2 The characteristics and the price of the Products are shown on the page relevant to each Product. The visual representation of the Products on the Website, if available, normally corresponds to the photographic image as an addition to the descriptive card. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities but may differ in colour and size from the Product. In case of a difference between the image and the Product descriptive card, the latter shall prevail. D.E.M Italy shall not be liable in case of inaccuracy of images and descriptive cards, except in case of fraud or gross negligence of D.E.M. Italy.
2.4 The agreement entered into between D.E.M. Italy and the Customer shall be considered as concluded once the order has been accepted by D.E.M. Italy. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping and billing data, the list of ordered Products and the total price, including delivery charges. In case of Customer with domicile outside the European Union or who have indicated a delivery address outside the European Union, any costs connected to taxes, duties and other export expenses shall be borne by the Customer.
Once the order has been received, D.E.M. Italy shall check the availability of the stocks for the fulfilment of the order. In the event that one or more of the Products are not available, the customer service of D.E.M. Italy will send an email to the Customer who, within the next 24 hours, shall confirm the order in relation to the available Products or cancel it. Lacking a reply within this time limit, the order shall be considered as confirmed and the available Products will be shipped. In this latter case the full amount relating to missing Products shall be reversed or, depending on the chosen payment method, shall not be charged to the Customer. D.E.M. Italy shall have no liability in case of refused orders or unavailability of Products.
Product prices are inclusive of VAT and are displayed in Euro.
The Customer may pay the price of the Products and their delivery costs by Credit Card, PayPal and bank transfer.
In order to guarantee the maximum security, the Customer shall carry out the payment transaction directly on the secure server of the bank.
The Website does not store the credit card number of the Customer, but thanks to the secure communication system of the bank of reference, from the second purchase, the Customer who so wishes - through the selection of the appropriate option - shall be able to proceed with the purchase without re-entering his/her data. The bank of reference uses the SSL protocol to encrypt the transmitted data between its server and the Customer's browser.
7.1 Products are shipped by courier to the address indicated by the Client only in Europe. Normally orders of available Products are shipped within 3 to 5 business days from the receipt of the order confirmation. Upon delivery the Customer shall verify the Products and immediately report to the courier any damage or discrepancy in quantity or quality of the Products with respect to the ordered ones, failing to do so any subsequent claim regarding quantity or quality will be null and void, without prejudice for the Customer right under Articles 10 and 11 below..
Invoicing of Orders
If the purchase is made by a professional it shall be possible to request the issuance of the invoice by sending an email containing the relevant information to email@example.com. In such case, the invoice shall be sent by email to the indicated address. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out during the ordering, it may not be requested at a later stage, nor amendments will be done in case of wrong data communicated by the Customer.
Except in case of wilful misconduct or gross negligence, D.E.M. Italy has no liability for damages to persons and/or things, both in contract or as tortious liability, caused by the Products, the lack of acceptance or even partial fulfilment or delay of an order, as well as by the temporary or permanent unavailability of the Website, of the order management platform or of the payment systems.
The sale of Products shall be subject to the legal warranties provided for in articles 129, 130 and 132 of the Consumer Law. The Customer is entitled, at his/her option and as long as the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement. The Customer loses these rights if he/she does not report the lack of conformity to D.E.M. Italy within two months from the date in which he/she discovered the flaw. The warranty is personal and will apply only to the Customer who has purchased the Product. The warranty is valid only if the Product is returned to D.E.M. Italy together with its original packaging, labels and documentation (if any) and in its entirety.
The Customer is entitled to withdraw from the purchase agreement for any reason, without explanation and without any penalty, without prejudice to the cases of exclusion referred to in the following paragraph IV. In order to exercise this right, the Customer shall send a notice to D.E.M. Italy within 14 days from the date of receipt of the Products by using the form downloadable here or if he/she intends to exercise the right of withdrawal before having received the Products, the notice of withdrawal may be sent at any time prior to their receipt.
Such notice shall be sent by email to firstname.lastname@example.org
Upon receipt of the notice D.E.M. Italy’s shall open a file for the management of the returned goods and communicate to the Customer the instructions relevant to the return of the Products, which shall take place through the courier indicated by D.E.M. Italy itself.
The right of withdrawal is governed by the following conditions:
11.1 The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the withdrawal may not be exercised only on a part of the purchased Product.
11.2 In case of exercise of the right of withdrawal, D.E.M. Italy shall refund the Customer the full amount of the returned goods, including shipping expenses, if any, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of D.E.M. Italy to suspend the payment of the reimbursement until the actual receipt of the goods. The reimbursement shall be carried out using the same payment method used by the Customer, unless he/she has specifically requested a different method. In case of bank transfer or cash on delivery it shall be duty of the Customer to provide the bank account details where to obtain reimbursement (account holder, name and address of the Bank and IBAN).
11.3 In order to guarantee the gratuitousness of the restitution pursuant to article 8 below, the Products shall be returned in the same packaging in which they were received.
11.4 The right of withdrawal is excluded (i) if the purchaser requests the issuance of an invoice and/or he/she is not a “consumer or user” as defined by the Consumer Law, and (ii) in the following cases, in accordance with article 59 of Consumer Law:
- orders of tailored or clearly personalized Products;
- order of Products which are liable to deteriorate or expire rapidly;
- order of sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.
In the cases of exclusion of the right of withdrawal, D.E.M. Italy shall return the purchased Products to the Customer, charging the shipping costs to him/her.
As an alternative to the right of withdrawal, the Customer has the right to change the size/colour of the purchased Products (limited to clothing), and in such case the shipping costs are charged to the Customer. This option is granted provided that the Product requested is the same model of the one originally ordered and subject to availability of the requested size/color. In such case DEM Italy will send the Product to the Customer without further shipping costs and after receiving the Product originally ordered. In any case DEM Italy reserves the right to cancel the order and refund the price to the Customer in case that during the period from the request of replacement and the return of the Product originally order the size/color requested has gone out of stock.
Any complaint or request of information shall be forwarded to D.E.M. Italy by email to the following address: email@example.com.
The Customer accepts that all notices and information relating to purchase of Products will be sent to his/her addresses or email communicated to D.E.M. Italy when the order was placed or the account was created on the Website.
D.E.M. Italy reserves the right to cancel any order in the following cases: articles out of stock, articles which cannot be delivered for country specific limitations or other reasons, credit card frauds.
The sale agreement between the Customer and D.E.M. Italy is entered into on [●] and it is governed by English law. For the resolution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders if the Customer is a consumer within the meaning of the Consumer Law, the Court of his/her place of residence or domicile in the English territory shall have exclusive jurisdiction; in all other cases, the territorial jurisdiction is exclusively that of the Court of [●], excluding any other competent court.
Pursuant to Article 1341 of the Italian Civil Law by accepting this terms during the order procedure on the Website the Customer acknoledges that he/sha has read and understood the followin clauses: 2.2. (limitation of liability in relation to images and descriptive cards); 3 (exclusion of liability of DEM Italy in case of unavailability of products or orders not accepted); 7 (expiration of the right to claim discrepancies in quantity or quality after delivery of the products); 9 (limitations of liability of D.E.M Italy s.r.l.), 10 (expiration of legal terms to claim flaws or lack of conformity of the Products ); (14 DEM Italy right to cancel and order).