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 Products are purchased on diesel.com, 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 off 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: clientservice@diesel.com.
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 its e-commerce business services are available exclusively to its end users, 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 on the Site; Consumer means the person who enters into a contract in the exercise of such activities or for a purpose connected to this.
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 and therefore does not act as defined in 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 exclusively regulate the offer, transmission and acceptance of purchase orders relating to Products purchased on the Site by the Buyers (the "Order") and thus regulate the relationship between each Buyer and Seller. With regard to the Seller's return policies, please consult the relevant section of this Site.
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 terms and conditions of sale of the latter, 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 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, to be displayed to the Buyer and by forwarding this form to the Seller immediately before the conclusion of the Contract (the "Order"), 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 the Products, via the transmission of the Order Form, the Buyer will be asked to carefully read the Terms and Conditions and the clause relating to the right of withdrawal by the Buyer, together with the provisions on the same, under these Terms and Conditions in the paragraph "Conditions for the exercise of the right of withdrawal" and in the section dedicated to the same on this Site. 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 Conditions together with a summary of the data shown subsequently: main characteristics of each product - object of the Orders - with an indication of the selling price (inclusive of all applicable taxes and fees); 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 costs and delivery 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 will also provide the Buyer with a summary of the conditions and procedures for exercising the right of withdrawal and the procedures and delays for returning the purchased Products (which will be provided by the Seller in the package in which the Products ordered will be delivered to the Buyer). In any case, the Buyer is reminded of the existence of the legal guarantee of conformity of the Products and the contact details of the Seller's after-sales service as well as the possibility of using the independent and institutional conciliation service, the so-called "RisolviOnline” (online resolution), provided by the “Camera Arbitrale della Camera di Commercio di Milano (MI)” (Arbitration Board of the Chamber of Commerce of Milan)
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 formed upon the issue of confirmation by the Seller, electronically, of the Order Form 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 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 details.
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 When filling in the Order Form, the Buyer will have the possibility to select a service called "Click & Collect". Therefore, if the Product is available at a Point of Sale (as defined in art. 5.1 of these Terms and Conditions) on the date of filling in the Order Form, the Buyer may collect it directly at that Point of Sale. The collection may already take place as soon as the Buyer has received the notification, by e-mail, that the purchase has been successful, without prejudice to the provisions of paragraph 5 of these Terms and Conditions
2.9 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 avaiable. In the above cases, the Seller will inform the Buyer by e-mail, that the Contract may not be fulfilled and therefore the Seller can not carry out the Order, specifying the reasons. If the Products, presented on the Site, are no longer available or on sale at the time of the Buyer's last access to the Site or at the time the Order Form is sent, the Seller shall promptly notify the Buyer, by e-mail and in any case within thirty (30) calendar days from the day following the date of transmission of the Order, of any unavailability of the Products covered by 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.
2.10 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.
2.11 By submitting an Order Form the Buyer expresses its acknowledgment and acceptance of the General Terms and Conditions as well as any further information of any kind contained on the Site, even if referred to through links, by way of example: the conditions of Use, the Privacy Policy and the information on the right of return.
2.12 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 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 than 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 prices of Products might be subject to updating. It is the responsibility of the Buyer to check and confirm that they wish to pay the final selling price of the Product to be purchased, prior to completing and forwarding the relevant Order Form.
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.
4.2 In case of payment by credit card, all financial information (for example, the credit / debit card number or the expiration date) will be sent by encrypted protocol to third parties, which provide remote electronic payment services, without third parties to have any access thereto. This information will not be used by the Seller except for performing the procedure relevant to the proper fulfillment of the Order and for issuing refunds in case of any refunds of Products, as a result of exercising the right of return on the part of the Buyer, or if it becomes necessary to prevent or report to the police fraud on the Site. In any case, all personal data provided by the Buyer will be processed by the Seller in compliance with the applicable legislation, as provided in the "Privacy Policy" section.
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 shipping costs for the delivery of the purchased Products are fully borne by the Buyer, unless the Seller has implemented, at its discretion, a promotion on a date prior to the forwarding of the Order Form, duly communicated through the Site.
5.2 The Buyer may, at his/her discretion, decide to either receive the Products he/she has purchased at an address of his/her choice or to collect the Products purchased from a single-brand store of the "DIESEL" brand in the country of purchase, if such store is managed directly by Diesel ("Store") and selected from the ones indicated on the Site (the so-called "Click & Collect" service). 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. If the Buyer has opted for such a service, "Click & Collect" he/she will be able to collect the Products starting from the day on which he/she has received an e-mail confirmation from the Seller that the Product is ready for collection (therefore, potentially, also the day on which the Buyer made the purchase) and up to 7 (seven) calendar days thereafter, including the day on which the purchase was successful.
When the Buyer goes to the Point of Sale to collect the Products purchased, he/she must provide the sales assistant with (i) a copy of the e-mail confirming the shipment of the Order, (ii) a valid identity document on the date of collection. If the documents referred to in points (i) and (ii) above are not provided, the sales assistant will not be able to proceed with the delivery of the Products.
In both the above mentioned cases, if the Products subject to the Order are not collected within the aforesaid term of 7 (seven) calendar days, the Contract will be considered, to all intents and purposes, automatically terminated. Consequently, it will no longer be possible to collect the Products, which will be returned to the Seller, by the staff of the chosen Store. As a result of the termination of the Contract, the Buyer will be refunded the sums paid, in the time and manner indicated by the Seller, with the understanding that the Seller may retain, from the sums to be refunded, a contribution equal to the shipping costs incurred by the latter for the delivery of the purchased Products.
5.3 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. 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 the Click and Collect delivery method, delivery times and costs will be the same as those that apply to deliveries to the address indicated by the Buyer, unless the purchased Product is already available at the Point of Sale on the date the Order Form is sent. 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.
6.1 The Buyer may request any information through the support services of the Seller. For further clarification, reference is made to the Customer Service area.
6.2 The Buyer may, at his/her discretion, contact the Seller's Customer Service by telephone - or by other means of contact, if indicated by the Seller - and ask the operator to place the Order in the name and on behalf of the Buyer. In this case, the Buyer will be informed by e-mail that the purchase has been successfully completed and that the Order will be processed. If the Buyer does not receive the above mentioned confirmation e-mail, it will be the Buyer's responsibility to point out the problem to Customer Service and make a further request to have the e-mail resent. In any case, the Seller cannot be held liable whenever the confirmation e-mail is not received at the e-mail address indicated by the Buyer (for any reason whatsoever) or, in general, if the Buyer does not inform the Seller promptly about the non-receipt of the confirmation e-mail. For all that is not further specified in this art. 6.2, the provisions set forth in these Terms and Conditions and, in general, on the Site shall apply to the processing of the Order as well as to its subsequent phases.
7. GOVERNING LAW AND DISPUTES RESOLUTION
7.1 The General Terms and Conditions are governed by the Italian law 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”. "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 "RisolviOnline.com".
7.3 Furthermore, it is acknowledged that the European Commission provides a platform for the out-of-court alternative resolution of disputes, accessible on 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, without the need for prior communication to the Buyer, who will be required to constantly check the information contained on the Site. The updated version of the Terms and Conditions will become effective from the moment of publication on the Site, and this applies to all its subsequent amendments and additions. The Buyer is expected to comply with them. Therefore, it will be the Buyer's responsibility to constantly monitor the Site and inform himself/herself about any changes and/or additions to these Terms and Conditions, as well as any changes and/or additions to any other provision on the Site governing the relationship between the Buyer and the Seller at all stages.
5. LIMITATION OF LIABILITY
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 updated version of the Terms and Conditions will become effective from the moment of publication on the Site, and this applies to all its subsequent amendments and additions. The Buyer is expected to comply with them. Therefore, it will be the Buyer's responsibility to constantly monitor the Site and inform himself/herself about any changes and/or additions to these Terms and Conditions, as well as any changes and/or additions to any other provision on the Site governing the relationship between the Buyer and the Seller at all stages.
5. LIMITATION OF LIABILITY
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 updated version of the Terms and Conditions will become effective from the moment of publication on the Site, and this applies to all its subsequent amendments and additions. The Buyer is expected to comply with them. Therefore, it will be the Buyer's responsibility to constantly monitor the Site and inform himself/herself about any changes and/or additions to these Terms and Conditions, as well as any changes and/or additions to any other provision on the Site governing the relationship between the Buyer and the Seller at all stages.
5. LIMITATION OF LIABILITY
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 updated version of the Terms and Conditions will become effective from the moment of publication on the Site, and this applies to all its subsequent amendments and additions. The Buyer is expected to comply with them. Therefore, it will be the Buyer's responsibility to constantly monitor the Site and inform himself/herself about any changes and/or additions to these Terms and Conditions, as well as any changes and/or additions to any other provision on the Site governing the relationship between the Buyer and the Seller at all stages.