General Sales Condition
The sale of products through this website “www.apresparis.it” (the “Website”) is governed by the terms and conditions set out below (the “General Sale Conditions”). For the sake of exhaustiveness, we remind that the use of the Website is governed by the document “Website Use Conditions” (the Italian version is available at http://www.apresparis.it/it/service/condizioni-duso and the English one at http://www.apresparis.it/en/service/site-usage-agreement) which, to any necessary extent, must be considered as entirely referred to herein and forming an integral and substantial part of these General Sale Conditions.
Any matter which is not expressly covered by these General Sale Conditions shall be subject to the provisions of Legislative Decree no. 206/2005 (generally called “Consumers Code”), of Legislative Decree no. 70/2003 (generally called “E-Commerce Code”) and of the Italian Civil Code.
The use of the Website and, in particular, the placement of purchase orders through it, shall imply the acceptance by the Website users (the “Users” and, individually, the “User”) of these General Sale Conditions and of the Website Use Conditions, and shall therefore entail the obligation of the same Users to comply therewith.
Diana Molin SRL requires the Users who do not intend to accept the provisions set forth in the aforesaid contractual documents to refrain from using the Website.
1.1. The products that are described and may be visualized by the Users on the Website (the “Products” and each individually, the “Product”) are offered for sale by Diana Molin SRL, a limited liability company registered with the Companies’ Register of Treviso, REA 428870, VAT Registration Number 05155980260, with registered office in Treviso, Via Barberia 34 (“Diana Molin SRL”).
2. Subject Matter of the General Sale Conditions
2.1. These General Sale Conditions govern the offer of Products by Diana Molin SRL to the Users through the Website as well as the terms and conditions of the sale and purchase agreements concerning the Products which will be entered into by and between the Users and Diana Molin SRL by means of the Website.
2.2. Diana Molin SRL reserves the right to place on the Website links, advertising banners or hypertext links related to other parties or to their products. Through such links, banners or hypertext links, Users may be redirected to websites other than the Website (the name of which will appear on the Internet address bar), in relation to which these General Sale Conditions, as well as the Website Use Conditions, shall not apply. For the sake of clarity, it is specified that Diana Molin SRL shall in no way be held liable for any information and contents appearing on websites other than the Website, nor shall Diana Molin SRL be held liable for any transactions carried out by Users through such websites. Diana Molin SRL does not exercise any form of control whatsoever on such websites nor on the contents thereof, unless otherwise expressly indicated in the Website. Users are therefore asked to read the conditions of use applicable from time to time.
3. Subjects entitled to operate through the Website: characteristics of the Users
3.1. The Products are offered for sale by Diana Molin SRL both to Users who qualify as end consumers, both to Users who qualify as retailers. For the purposes of these General Sale Conditions, “end consumer” means any individual who, in using the Website and in purchasing the Products through the Website, acts for purposes unrelated to its commercial, entrepreneurial or professional activity (if any). For the purposes of these General Sale Conditions, “retailer” means any company wich, in using the Website and in purchasing the Products through the Website, acts for purposes related to its commercial, entrepreneurial or professional activity (if any).
3.2. The Users entitled to purchase the Products shall only be those person who are end consumers according to the definition above and, in addition, have the following characteristics:
are at least of the age of 18 years old;
have full legal capacity to act, possess the requirements for, and are in a position to, enter into legally binding sale and purchase agreements without the need of intervention of any other subject or of any authorization of any kind whatsoever;
have an active email address, in relation to which inbox limits have not been exceeded; and
hold a credit card (Visa, Mastercard, American Express or Diner’s Club circuit), a pre-paid card or a bank current account from which it is possible to order bank transfers.
3.3. Diana Molin SRL reserves the right to refuse to process orders placed by Users who do not meet the requirements indicated in sections 3.1 and 3.2 above. Furthermore, Diana Molin SRL shall be entitled to refuse to sell Products to Users found to act on behalf of parties that do not qualify as end consumers.
4. Customer Service – Information
4.1. Diana Molin SRL makes available to Users a customer support service (the “Customer Service”). The Customer Service may be contacted:
by e-mail to email@example.com;
by facsimile to the fax no. +39 0422 55 70 21;
by mail to the following address: Via Barberia 34, 31100 Treviso; or
by telephone, by dialling no. +39 0422 41 18 78, Tuesday through Saturday from 9:30 am to 01:30 pm and from 3:00 pm to 7:00 pm.
4.2. The Users may contact the Customer Service for any complaint as well as in order to receive information on the procedures to purchase and pay the Products, on shipments and deliveries, on the right to cancel orders (right of withdrawal) and on the connected procedures for returning any purchased Products, on exchanges of Products, and any other information related to the sale of the Products through the Website. Such information are in any case also contained in the following articles of these General Sale Conditions.
5. Procedures to purchase the Products through the Website
5.1. At the time of the first purchase of Products through the Website, the User shall be required to create its personal account; such account shall remain valid for any subsequent purchases made by the User through the Website. After having created the account, the User may validly proceed with the purchase of the Products – as governed by this article 5 – following the instructions given to this purposes in the Website. In case of access to the Website subsequent to the creation of the account, the User shall login by entering the email address (“Email Address”) and the password specified at the time of creating the account. Should the User forget its password, it may send through the Website the request to receive by email the instruction necessary to regenerate it.
Any Personal Data provided by the User during the phase of creation of the account shall be processed in compliance with article 11 below.
5.2. Any registered User or any User who has logged-in pursuant to section 5.1 above shall purchase the Products via the Website by adding the Products chosen from the Website catalogue to the basket (“Basket”), with the indication of the quantities desired for each Product. Once added the Products to the Basket, the User shall view the unit price of each of them and the total amount of the order (excluding taxes and delivery costs).
The Basket shall be filled – and the entire purchase procedure (including the execution of the Agreement, as defined below) shall be completed – in the language of the Website selected by the User before starting the registration procedure or, in case of subsequent access, before logging-in. Also any subsequent notice related to the Agreement shall be in the same language.
5.3. After having completed the Basket, the User shall be requested to indicate the address at which it wish to receive the Products ordered. The User shall also be entitled to give instructions for delivery, which Diana Molin SRL shall take into account, it being understood – however – that such instructions shall not be binding either upon Diana Molin SRL nor upon the shipper/carrier entrusted by the latter of the delivery.
5.4. After having entered the instructions for delivery referred to in section 5.3 above, the User shall visualize the summary of the order (the “Order Summary”), containing:
the list of Products ordered, together with the material information concerning each of them;
the quantity ordered in relation to each Product;
the unit price of each Product;
the total amount of the order, net of taxes and shipping costs;
the total amount of the order, including taxes and shipping costs; and
the delivery address.
5.5. Once visualized the Order Summary, the User may change the quantity and the type of the Products ordered, as well as the elected delivery address. An updated Order Summary will then be visualized.
5.6. In case the User is satisfied with the content of the Order Summary (in case as modified according to section 5.5 above) and wishes to finalise the purchase order described therein, it shall (i) select a method of payment among those available, as specified in article 6 below; (ii) tick the box of approval of these General Sale Conditions – which User must have previously read – it being understood that the relevant mark with the tick implies their full and unconditional acceptance on the part of Users; and (iii) send the purchase order contained in the Order Summary – as integrated by the choice regarding the method of payment - by clicking on the specific button.
5.7. Should the User choose the “payment by credit card” or “payment by pre-paid card” option, and, subject to prior acceptance of these General Sale Conditions, place the purchase order pursuant to article 5.6 above, it shall have access to the guided payment procedure.
After having completed the payment procedure, the User shall immediately receive the order confirmation (the “Order Confirmation”) at the Email Address. The following details, among others, shall be included in the Order Confirmation:
the number of the order (the “Order Number”);
the purchase price of the Products, including taxes and shipping costs, the amounts of which shall be indicated in details (the “Price”);
Upon receipt of the Order Confirmation on the part of the User, the agreement for the sale and purchase of the Products indicated in the Basket and in the Order Summary as confirmed by the Order Confirmation (the “Agreement”) shall be regarded as having been entered into, without prejudice in any case for the provisions under section 5.9 below.
5.8. Should the User select the “payment by bank transfer” option and then place the purchase order pursuant to section 5.6 above, subject to the prior acceptance of these General Sale Conditions, it shall promptly receive an email confirming the order (the “Order Confirmation”) at the Email Address, which shall contain:
the number of the order (the “Order Number”);
the purchase price of the Products, including taxes and shipping costs, the amounts of which shall be indicated in detail (the “Price”);
the indication of the bank details for paying the Price by bank transfer;
The User must transfer the Price by bank transfer within 24 (twenty-four) hours as of the receipt of the Order Confirmation, instructing the bank to credit the relevant amount to Diana Molin SRL with value date not exceeding the following 72 (seventy-two) hours. The costs related to the bank transfer shall be borne by the User.
Upon receipt of the Order Confirmation on the part of the User, the agreement for the sale and purchase of the Products indicated in the Basket and in the Order Summary as confirmed by the Order Confirmation (the “Agreement”) shall be regarded as having been entered into, without prejudice for the provisions under section 5.9 below.
5.9. Diana Molin SRL reserves the right to verify, over the course of a period of 8 (eight) working days as of the receipt of the Order Confirmation on the part of the User:
a) the availability in stock of the Products ordered; and
b) only in case of payment by bank transfer: the effective crediting of the Price on the bank account of Diana Molin SRL notified to the User through the Order Confirmation.
The Agreement shall be considered (both in the cases under sections 5.7 and 5.8) conditional upon the circumstances indicated under points (a) and (b) of this section 5.9.
Therefore, should Diana Molin SRL verify, within the term specified above, (i) that no Products (or only some of the Products) are available in stock, or (ii) (only for the cases of payment by bank transfer) that the Price has not been credited to Diana Molin SRL’s current account, the Agreement shall be considered ineffective and this circumstance shall be notified to the User promptly (and in any case within the above-mentioned term), by email to the Email Address.
In the case under point (i) above, the User shall be entitled to be fully refunded for the amounts paid, except in case of amendment of the order according to section 5.10 below. The User and the Customer Service shall agree upon the way to make the refund.
5.10. In case only part of the Products under the Agreement are available in stock, the Customer Service shall contact the User in order to check whether the latter has any interest in purchasing only the Products available in stock or any alternative Products.
Should the User agree to amend the Agreement, the Customer Service shall send an updated Order Summary to the User. By using the specific link indicated in the Customer Service’s email containing the updated Order Summary, the User may place and thus confirm the relevant order.
It is understood that, after 48 (forty-eight) hours as from the receipt of the aforesaid email on the part of the User, the Order Summary shall be considered as having been rejected by the User and Diana Molin SRL shall return the amount already paid by the same User, if any. Conversely, should the User place the new order within the term specified above, thus confirming the intention to amend the Agreement, Diana Molin SRL shall send the related Order Confirmation to the Email Address. Any amount still owed to Diana Molin SRL may be paid exclusively by bank transfer. Sections 5.8 and 5.9 above shall therefore apply.
5.11. The purchase order placed by the User and all the data connected with the related Agreement shall be kept at the electronic data base of Diana Molin SRL, without prejudice to the provisions under article 11 below.
6.1. The User may pay the Price by one of the following means:
by a Paypal account or a Credit Card accepted by Paypal service;
by pre-paid credit card among the ones accepted by Paypal service; or
by bank transfer to Diana Molin SRL’s current account identified through IBAN code IT 40J0306912080100000012660, or any other current account indicated in the Order Confirmation.
6.2. In case of payment by credit card or prepaid card, the information related to such cards (such as, by way of example and without limitation, the card number or its expiry date) shall be collected directly by the bank in charge of the payment gateway and no third parties, including Diana Molin SRL, shall have access to this information.
7. Shipment and delivery of the Products
7.1. Further to the completion of the checks under section 5.9 above (in combination with section 5.10, if applicable) and only in case of positive outcome there of, Diana Molin SRL, within the following 24 (twenty-four) hours shall ship the Products ordered by the User by leaving them in charge of the carrier/shipper DHL. By leaving the Products in charge of DHL, Diana Molin SRL shall be considered as discharged from the obligations to deliver the Products, pursuant to article 1510, section 2 of the Italian Civil Code.
7.2. The Products shall be accurately packed by Diana Molin SRL, which shall also put in the package the accompanying tax documents as well as a leaflet containing a key (in the Italian and in the English language) of the international symbols for washing instructions.
A security seal consisting of a plastic-covered steel thread complete with the “Diana Molin SRL” logo (the “Security Seal”) shall be applied to each Product. Diana Molin SRL recommends to not remove nor alter in any way the Security Seal: any failure to comply with this obligation shall prevent the User from legitimately exercising the right of withdrawal, as better specified in section 8.4 below.
7.3. At the time of the shipping of the Products, the Customer Service shall send to the User, by email to the Email Address, the shipment number provided by DHL or Bartolini, in order to enable the User to check the status of delivery of the Products through the www.dhl.com or www.brt.it website.
7.4. In relation to each Agreement, the shipping costs indicated in the Order Confirmation shall be charged. The User shall not be required to pay anything directly to DHL or Bartolini for the delivery of the Products.
7.5. Section [•] of the Website contains the indication of the delivery times expected by DHL or Bartolini, for example in consideration of each territorially-defined area of destination. Diana Molin SRL shall not bear any responsibility in relation to the observance or non observance by DHL or Bartolini of the expected delivery times. Users are asked to consult the www.dhl.com or www.brt.it website for additional information in relation to the terms and conditions of the shipment and delivery of the Products through DHL or Bartolini.
7.8. Should the User refuse to receive the Products delivered or in case nobody declares to be entitled to receive the Products on behalf of the User at the address indicated in the Order Summary, the User shall be required to refund Diana Molin SRL for any additional costs charged to the latter by DHL or Bartolini as a consequence of the non-receipt of the Products. Such costs may be in any case deducted from any amount owed by Diana Molin SRL to the User.
8. Right of withdrawal
8.1. The User shall be entitled to withdraw from the Agreement without any penalt within 4 (four) working days, except for specific written requests, as from the date of receipt of the Products (the “Delivery Date”). It is understood that, in case the User does not receive the Products promptly due to its absence, unavailability or for having indicated a wrong delivery address, the date of the delivery by DHL or Bartolini of the notice of delivery attempt at the delivery address indicated by the User in the purchase order placed in relation to the Products shall be considered as the Delivery Date for the purposes of this article.
8.2. In order to withdraw from the Agreement, the User shall, within the term under section 8.1 above, notify such decision to the Customer Service by means of registered letter with return receipt to be sent to the address of Diana Molin SRL in Via Barberia 34, 31100 Treviso. In the notice it must be specified the Order Number and the Products in relation to which the User intends to exercise the right of withdrawal (without prejudice for the provision under section 8.6 below) and the ways in which the User wishes to receive the refund of the Price paid with respect to such Products. The notice of withdrawal may be sent within the same term also by means of telegram, email or facsimile, provided that it is confirmed through a registered letter with return receipt within the 48 (forty-eight) ensuing hours. After having received the notice of withdrawal, Diana Molin SRL shall send to the User by email to the Email Address the return authorization number (“Return Authorization Number”).
Within 4 (four) working days as from the Delivery Date, the User has to return to Diana Molin SRL the Products in relation to which it has exercised the right of withdrawal, through delivery to the carrier/shipper as specified in section 8.3 below.
8.3. The User shall be entitled to avail itself of a carrier/shipper he prefer for returning the Products, provided that it is a major carrier/shipper capable of ensuring delivery within 4 (four) days as from the moment of the collection; in this case, however, the User shall bear the shipping costs and shall bear any and all the risk in relation to any damage to, or perishing of, the Products. The User shall in any case insert in the package the Diana Molin SRL’s email containing the Return Authorization Number.
8.4. The right of withdrawal under this article 8 shall be deemed to have been correctly exercised (and therefore the User shall have the right to the refund according to section 9.3 below) if any and all the following conditions are satisfied:
a.the User has sent the registered letter with return receipt under section 8.2 above within four (4) working days as from the Delivery Date or has sent within the same term the notice of withdrawal by telegram, email or facsimile, then confirming it by registered letter with return receipt within the 48 (forty-eight) ensuing hours;
b.the Products have been returned intact and with all the pieces composing them and in their original package, complete with all the labels and original accessories (including, without limitation, dustbags, coat hangers and clothing covers) contained in the package; for this purpose, it is specified that the boxes, or in any case the containers, (also of shoes and bags) shall be considered as an integral part of the Products;
c.the Products have not been used, worn, spotted, washed, altered or damaged in any way and do not present any sign of use; bikinis and underwear (including slips and boxers), among other products, must have been tried on one’s own personal underwear and the transparent hygiene protection label must not have been removed;
d.the Security Seal put on each Product has not been removed and proves to be intact and not altered in any way;
e.the accompanying tax documents are returned along with the Products;
f.the Products to be returned have been delivered to the carrier/shipper pursuant to section 8.3 above, within 4 (four) working days of the Delivery Date and have been delivered to Diana Molin SRL in the 4 (four) ensuing days.
8.5. The Products returned must be sent to Diana Molin SRL in one single shipment. Diana Molin SRL reserves the right to reject the Products forming the subject matter of one and same Agreement which are returned in several shipments.
8.6. The User shall be entitled to withdraw also limitedly to some of the Products under the Agreement. It is understood that this right of partial withdrawal may not be exercised should the Products be considered as a set (in such case, they have the same code).
8.7. The Customer Service is in any case at the Users’ disposal to answer any question in relation to the right of withdrawal and the methods of return, as well as in order to verify the possibility of satisfying the needs of the Users by adopting methods different from the ones described above, it being understood in any case that Diana Molin SRL shall be under the obligation to accept returns only within the limits and upon the conditions specified in this article 8.
9. Time and methods of refund
9.1. After having received the Products returned, Diana Molin SRL shall promptly check whether the conditions of return listed in section 8.4 have been satisfied and shall inform the User of the outcome of such checks by way of an email to be sent to the Email Address.
9.2. Should it be found that even only one of the conditions indicated in section 8.4 above has not been satisfied, Diana Molin SRL shall be entitled, alternatively, to (i) reject the returned Products and return them to the User at its expense, or to (ii) accept the returned Products, charging anyway the User with a penalty equal to 20% (twenty per cent) of the Price for such Products.
9.3. Conversely, should it be found that the right of withdrawal has been exercised in compliance with the provisions under section 8.4 above, Molin SRL shall refund the Price related to the returned Products (paid by the User) as soon as possible – after having deducted the shipping costs indicated in the Agreement – in compliance with the procedures agreed upon with the User.
9.4. It is specified that any refund owed by Diana Molin SRL to the Users may be re-credited exclusively to the same subject from which the payment to be refunded had been made.
10. Characteristics and prices of the Products
10.1. The essential characteristics of the Products sold through the Website are indicated in the product card which may be viewed by clicking on the image of each Product. The product card include, among others, the description of the materials used to make each individual Product. The washing instructions (if any) that the User is required to accurately observe are contained in the label sown in the inside of each Product. The description of the international symbols representing the washing instructions may be found at [?].
In relation to the Products, Diana Molin SRL gives the warranties provided forth by the law applicable pursuant to article 12 below.
10.2. Diana Molin SRL represents and warrants that the Products are in compliance with the laws applicable in the Member States of the European Union. Diana Molin SRL does not provide any warranty in relation to the marketability of the Products outside the Member States of the European Union. With respect to this matter, reference is made also to what it is indicated in the introductory paragraph of the Website Use General Conditions.
10.3. Although Diana Molin SRL has acted with utmost accuracy and diligence in collecting the images of the Products offered for sale through the Website and uploaded thereon, such images (and first of all the colours of the Products reproduced) must be considered indicative only, as their correct view is connected to, and depends upon, a range of variables (including, by way of mere example, the Internet browser and the monitor used by the User, as well as the light conditions of the room in which the monitor is placed), on which Diana Molin SRL has no control whatsoever.
10.4. Diana Molin SRL shall be entitled to change and update the prices of the Products published on the Website at its discretion at any time, it being understood, however, that such prices shall not be changed in any way once that the Agreement has been entered into. The User therefore shall be required to pay exclusively the Price indicated in the Order Confirmation.
10.5. Diana Molin SRL reserves the right to apply to the Products offered through the Website, prices different from those applied in its shops.
11. Protection of Users’ Personal Data
11.1. The Personal Data disclosed by the Users via the Website (“Personal Data”) shall be used by Diana Molin SRL solely for the purposes of providing its services and processing the orders placed by the Users. Such data shall not be disclosed to any third parties, unless disclosure is (i) necessary to provide the services (by way of mere example, in order to execute payment orders), (ii) mandatory pursuant to law or imposed by virtue of an order issued by a judicial authority or (iii) permitted by law even in the absence of the User/controller’s consent. In such cases, the data may be made available to third parties who shall process them in an independent manner and for the above-mentioned purposes only.
11.2. The Personal Data shall in any case be processed, kept and used by Diana Molin SRL, which shall act as controller, in compliance with the provisions of the applicable rules and regulations and in particular of Legislative Decree no. 196/2003.
11.3. Users may exercise the rights under article 7 of Legislative Decree no. 196/2003. Among other things, they shall be entitled to obtain confirmation of the existence or inexistence of the Personal Data and be informed of:
the purposes and methods of processing;
the logic applied in the case of processing through electronic means;
the identification data of the controller and of the processors and appointed representatives (if any);
the parties or categories of parties to which the Personal Data may be disclosed or which may become aware of them as persons in charge, processors or appointed representative.
Moreover, the Users shall also have the right to obtain:
the update, rectification or, in case of existence of a legitimate interest, the supplement of Personal Data;
the deletion, anonymization or blocking of the Personal Data processed in breach of the law and of those Personal Data which do not need to be kept in consideration of the purposes for which the Personal Data have been collected or subsequently processed;
the confirmation that the fulfilments under the points above have been disclosed, also as regards to their content, to those to which the Personal Data have been disclosed or communicated, except in case said fulfilment proves to be impossible or entails the use of means clearly disproportionate in the view of the right protected.
Users shall be entitled to oppose, in whole or in part:
a) on legitimate grounds and for legitimate reasons the processing of Personal Data (even if such process pertains to the purpose of collection); and
b) the processing of Personal Data for the purposes of sending advertising material or for the purpose of direct selling or market research or business communication.
11.4. For any other information on the processing of the Personal Data, Users may contact the Customer Service.
12. Applicable law and dispute resolution
12.1 The General Sale Conditions as well as each Agreement entered into by the Users with Diana Molin SRL through the, or on the occasion of the use of, the Website, shall be regulated by the Italian Law, excluding the provisions concerning the conflict of law and jurisdiction.
12.2. Any dispute arising in relation to the purchase of Products through the Website shall be exclusively referred to the Judges of the Italian Republic competent from time to time in consideration of the territory, value and subject matter of the dispute.
12.3. Diana Molin SRL hereby confirms its willingness to accept attempts for amicable settlement that the User, in case of dispute, should decide to make through “RisolviOnline”, a service provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which enables litigants to reach a satisfactory settlement with the assistance of a neutral and competent conciliator, in an amicable and secure way.
13. Amendments and updates
13.1. These General Sale Conditions may be amended or adjusted. The amended/adjusted versions shall become effective as from the time of their publication on the Website. In relation to each Agreement, the General Sale Conditions shall apply in the version viewable by the User at the time in which the order is placed by the same User. Users are therefore asked to read the General Sale Conditions applicable in relation to each order placed by them.