1.1 The present GTCs regulate the sale of the Products from Deas to the Costumer through the Platform.
2.1 In the present GTCs, the following terms have the meaning ascribed to them hereunder and it is understood that the terms defined in the plural has the same meaning in the singular and viceversa:
Customer: means the individual as a “consumer” according to art. 3, first paragraph, let. a) of the Consumers Code who purchases the Product from Deas through the Platform;
Consumers Code: means the Italian Legislative Decree 6 September 2005 n. 206;
GTCs: means the present general terms and conditions;
Parties: means the present general terms and conditions; means Deas and the Customer jointly;
Party: means Deas or the Customer as the case may be;
Platform: means the e-commerce platform available on https://district75.it (or any other Internet address as Deas will choose from time to time) managed by Deas for the online sale of the Products;
Price: means the consideration for the sale of the Product expressed in the Product Description;
Product: means men and women clothes sold by Deas through the Platform;
Product Description: means the description of the Product (including technical features and price) available on the Platform which is to be considered as an invitation to offer;
Deas: means Deas S.n.c. di Cicatelli Salvatore e Duggento Dario Eugenio Jean-Mario, with registered office in Castel Maggiore (BO - Italy), Via Giuseppe Mazzini n. 5, registered to the Registry of Companies of Bologna, REA n. BO- 528142, VAT n. 03552781209.
3. EFFECTIVENESS OF THE GTCS
3.1 The GTCs:
(a) apply to all of the sales of Products made by Deas through the Platform;
(b) bind the Parties;
(c) substitute and enter into any possible other Customer's general terms and conditions or contract models.
3.2 The GTCs regulate the relationship between DEAS and the Customer and do not create rights in favor of third parties.
3.3 The Customer acknowledges that Deas may amend the GTCs from time to time, for example due to compliance with new laws. The purchase of the Products will be regulated by the GTCs in the version effective at the moment of the order made by the Customer.
4. REGISTRATION TO THE PLATFORM AND PRIVACY
4.1 Surfing of the Platform and exam of the Product Description do not require any registration to the Platform.
4.2 In order to make purchases of Products, the Customer is required to register on the Platform by providing Deas with certain personal data which is necessary for the correct management of the order and delivery of the Products. These data are: name, surname, full address, email address, telephone number, tax code, payment details by bank transfer, credit card or PayPal.
4.3 The Customer acknowledges that Deas sells the Products through the Platform only to individuals of age 18 or above. Therefore, the Customer undertakes to type correct and truthful data during the registration process to the Platform.
5. THE PURCHASE PROCESS
5.1 The Customer acknowledges that the Product Description is an invitation to offer, therefore the purchase contract regarding the Products is executed only with the order confirmation sent by Deas.
5.2 The Customer may add one or more Products to the virtual basket and send the relevant purchase order to Deas. Then one or more new pages summarizing the chosen Products will appear showing prices and details as well as shipping methods and costs.
5.3 By clicking on the button “Purchase Now” (or different ones with similar meaning), the Customer will send one or more orders to Deas for the chosen Products. Deas will consider the order and, if accepted, will send to the Customer an order confirmation which may be preceded by an email confirming receipt of the Customer's order. The Customer acknowledges that an order can be refused for several reasons including lack of availability of the Product and price changes.
5.4 Purchases on the Platform must be consistent with the usual needs of the Customer in relation to both quantity and frequency.
5.5 The Product Description shows several information regarding the Product, including its availability, but the Customer acknowledges that such information may not be accurate or updated.
6. PAYMENT AND INVOICING
6.1 Prices are VAT included unless VAT is not applicable to the Customer due to its place or seat of residence or domicile.
6.2 Prices are expressed in Euros and payments are made in Euros. Any cost concerning currency exchange is on the Customer.
6.3 The Customer acknowledges that payments for the purchase of the Products are performed at the moment of the order according to the methods stated on the Platform during the purchase process of the Products.
6.4 The Customer accepts to receive invoices in electronic format which will be sent via email to the Customer. The invoices will be issued after the payment.
7. SHIPPING AND CUSTOM DUTIES
7.1 The Customer acknowledges that the shipping of the Products is subject to the correct payment of the relevant Price, including shipping costs.
7.2 If the total price for the single order is less than € 150,00, the shipping costs are borne by the Customer.
7.3 Pursuant to art. 63, first paragraph, Consumers Code, the risk of loss or damage to the Products, for cause not attributable to Deas, is transferred to the Consumer only when the Consumer, or a third party designated by the Consumer, obtains actual possession of the Products. However, pursuant to art. 63, second paragraph, Consumers Code, the risk is transferred to the Consumer at the time of delivery of the Products to the carrier if the carrier was selected by the Consumer and such a choice was not proposed by Deas, without prejudice to the Consumer's rights against the carrier.
7.4 Unless different arrangements are agreed upon between the Parties, the shipping company is chosen by Deas.
7.5 Time of delivery is an estimation only and it can not be considered as a contractual obligation to be met by Deas.
7.6 Deas reserves the right to amend policies on shipping costs from time to time.
7.7 Possible custom duties are borne by the Customer.
8.1 The warranty for non conformity of the Products lasts 24 months from the delivery of the Products and the Customer is required to notify to Deas the existence of defects in the Products within two months from their discovery otherwise the Customer will lose the warranty rights for failing to observe a time- limit. According to such warranty, in the event of non conformity of the Products, the Customer may ask (i) that the defective Product is repaired or substituted or (ii) if that would not be possible, for a reduction of price or termination of the contract.
8.2 It is understood between the Parties that the warranty regulated in this Clause does not cover defects or damages caused by acts or omissions of the Customer.
8.3 Up to the limit allowed under the applicable law, Deas declines any responsibilities if the Product is not compliant with the laws of a Country that is not Italy.
8.4 Deas declines any responsibilities if the Product shows non-substantial differences than the Product Description.
9. LIMITATIONS ON LIABILITY
9.1 Deas's liabilities is limited to direct and foreseeable damages at the moment of execution of the purchase.
9.2 Deas is not responsible towards the Customer or any third parties for:
(a) damages arising out of Customer's negligence, misconduct or willful deception;
(b) use of the Product not for its intended purposes.
(c) profit, customer or data losses regardless their predictability;
(d) defects due to storage of the Products not compliant with the manual provided with the Product;
(e) special, incidental, indirect, consequential or punitive damages of any kind (regardless if it was aware of the possible occurrence of such damages), including those (i) based on possible presumptions of liability, including breach of contract or of warranty, negligence or other illicit actions, or (ii) deriving from any other complaint arising from, or in connection with, the use of the Products.
9.3 Deas is not liable for errors, omissions, interruptions, deletions, defects, operative or transmission delays, malfunction of the communication network, theft, destruction, unauthorized access or alteration of any content concerning the Platform.
9.4 Deas is not liable for any possible technical issues or problems concerning telephone networks or lines, online elaboration systems, servers and providers, IT appliances, software, errors in emails or software that negatively affect the Platform's functionalities.
9.5 The GTCs do not limit nor exclude DEAS's liabilities for willful misconduct or gross negligence.
9.6 Limitations and exclusions in the present Clause apply to the maximum level allowed under the law.
10. WITHDRAWAL RIGHT OF THE CUSTOMER
10.1 The withdrawal right of the Customer is regulated by arts. 52-59 of the Consumers Code.
10.2 The Customer has the right to withdraw from the order carried out, without giving any reason, within 14 days from the receipt of the Product or of the latest Product, lot or piece in the case of goods, multiple lots or pieces delivered separately.
10.3 The withdrawal right may be exercised by following the dedicated procedure available through the Customer's account on the Platfomr or by sending a communication to Deas at the email address distirict75 [email protected], by using the form available at the link district75.it/recesso or through any other express communications concerning the decision to withdraw from the agreement.
10.4 The withdrawal right is correctly exercised only if the relevant notice is dispatched before the expiry of the abovementioned period of 14 days and the Product is returned to Deas within 14 days as of the dispatch of the withdrawal notice. The costs for the return of the Products are borne by Deas only if (i) the Price paid by the Customer was equal to or higher than € 120.00, (ii) the return is made through the carrier indicated by Deas and (iii) the Product's packaging is the original one. Otherwise, such costs are borne by the Customer. In the event of an order concerning multiple Products, if the Customer exercises the right of withdrawal for multiple Products on different dates, the costs for the return of the returned Products after the first one are in any case borne by the Customer.
10.5 Deas will refund to the Customer all payments received in relation to the Product which the Customer has exercised the withdrawal right for, excluding the shipping costs borne by the Customer according to Clauses 7.2 and 10.4, within 14 days from the day Deas receives the notice of exercise of the withdrawal right. Deas has the right to withhold the reimbursement until Deas has received the Product or until the Customer provides proof of the delivery of the Products, whichever event occurs first.
10.6 The Customer is held responsible for the decrease in value of the Products resulting from the handling of the Products in a way different from the one needed to establish the nature, characteristics and functioning of the Products.
11. CONTACTS AND COMMUNICATIONS
11.1 Deas's contact details are the following:
Deas S.n.c. di Cicatelli Salvatore e Duggento Dario Eugenio Jean-Mario Via G. Mazzini n. 5
40013 Castel Maggiore (Bologna – Italy)
Tel. +39 320 4089448
email: [email protected]
11.2 The Customer's contact details are the ones provided during the purchase process.
11.3 The Customer expressly accepts that communications are made through email.
12.1 The GTCs, along with the specific order and the Product Descriptions related to the purchased Products, represent the final and complete definition of the relations between the Parties with reference to its scope, constitutes the only source of rights and obligation between them and overrules and extinguishes any previous agreements whether written, oral or de facto.
12.2 Mere silence, or the absence of a prompt reaction, in case of any violation by one of the Parties will not be construed as acceptance of the violation or as a waiver of the right to demand fulfillment of the obligation hypothetically violated, or as a waiver of the rights and/or powers deriving to the compliant Party from such violation.
12.3 If any of the provisions of the GTCs is judged unenforceable or unenforceable by a Court or other competent authority, such a provision will be deemed deleted from the agreement and the remaining provisions will remain and will continue to remain fully valid and effective.
13. APPLICABLE LAW, JURISDICTION AND COMPETENT COURT
13.1 The Parties expressly agree that the GTCs are exclusively governed by the Italian Law expressly excluding the applicability to the GTCs of provisions on international private law as well as the Vienna Convention on the international sale of goods dated 11 April 1980.
13.2 The Parties expressly agree that any disputes regarding the validity, performance, effectiveness or termination of the GTCs will be subject to the exclusive jurisdiction of the Italian Court and, in particular, exclusively to the Court of Bologna (Italy).
13.3 If the Customer is a consumer according to the Consumers Code and is resident or domiciled in Italy, the Court will be the one competent according to the place of residence or domicile of the Customer.
13.4 In the event of disputes arising out of the validity, interpretation, execution or termination of the agreement, the Customer may appeal to an Alternative Dispute Resolution Body (ADR) pursuant to art. 141 and ss. of the Consumers Code.
13.5 The European Commission, in accordance with EU Regulation 524/2013 of 21 May 2013, has developed the online dispute resolution platform (ODR) available on the website http://ec.europa.eu/odr for cross-border consumer dispute resolution.