General condition of sale
The products being sold at www.divoboutique.com (hereinafter referred to as the “Website”) are sold and produced by Divo s.r.l., whose registered office is at Via di Bientina, 64 – 56020 Santa Maria a Monte (PI), registered at the C.C.I.A.A. of PISA at n. REA PI- 164343 del Registro delle Imprese, C.F. P. IVA 01901770501.
GENERAL CONDITIONS OF SALE
In effect from [17/01/2018]
1. Acceptance of the General Conditions of Sale and conclusion of the contract
1.1 In purchases of Products carried out through the Site, the parties shall be Divo S.r.l. as seller (hereinafter "Divo") and the individual who undertakes the purchase via the Site for reasons other than trading, entrepreneurial or professional activity, as the buyer (hereinafter the "Customer").
1.2 All purchases are subject to these general terms and conditions of sale (hereinafter the "Conditions"), as published on the Site when the order is placed by the Customer.
1.3 The Site is intended for retail sale and, as such, is understood to be for use by Customers only. If one or more sales are made to a party that does not qualify as a Customer, the following Conditions shall apply, but, by way of exception to the said Conditions, (i) the buyer shall not have the right of withdrawal set out in Article 5 below, (ii) the buyer shall not benefit from the warranty for the Products specified in Article 6 below, (iii) the buyer shall not benefit from any other protection provided for therein in accordance with Legislative Decree No. 206/2005, as amended (the Consumer Code) and (iv) the contract of sale concluded between Divo and the buyer shall be governed by the laws of Italy, with the exclusion of the Vienna Convention on the sale of goods.
1.4 By placing an order according to the various methods envisaged, using the order form present on the Site (hereinafter an "Order"), the Customer represents that he/she has viewed all information provided to him/her during the purchasing procedure and that he/she accepts in their entirety these Conditions, which represent an integral part of the contract of purchase of the Products.
1.5 These Conditions may be printed or saved on a permanent medium, in accordance with Art. 12 of Legislative Decree No. 70/2003 and Art. 51 of Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014.
1.6 Any costs of connecting to the Site via the Internet, including telephone costs, shall be borne solely by the Customer, according to the rates applied by the operator selected by the Customer.
1.7 Divo reserves the right to modify these Conditions at any time, at its discretion, without the need to give any advance notice to users of the Site. Any modifications made shall become effective from the date of publication on the Site and shall apply solely to sales concluded with effect from that date. The prices, Products for sale on the Site and/or their characteristics are subject to change without notice. Before sending an Order pursuant to Article 2 below, the Customer should verify the final price of sale.
1.8 Although the Site can be accessed from anywhere in the world, the Products available may only be purchased by users who request their delivery to one of the Countries specified on the Site in the section "Shipping".
2. Selection of the Products and methods of purchase
2.1 The only Products offered for sale by Divo are those present on the Site when the Order is placed, with the characteristics described in the pertinent product information sheets.
2.2 In any event, it is understood that the images accompanying the information sheet for a Product are for informational purposes only and may not be perfectly representative of its characteristics, differing, for example, in terms of colour and size (possibly due to the browser and monitor used to access the Site and display the images).
2.3 The presentation of Products on the Site shall not be binding on Divo, instead representing a mere invitation addressed to the Customer to submit a contractual purchase offer, rather than an offer to the public.
2.4 The Customer may select the Products of interest and place them in his/her personal virtual shopping cart. After the selection process has been completed, in order to proceed with the purchase of the Products placed in the cart, the Customer will be asked (i) to register with the Site, by providing the requested information; (ii) to log in, if the Customer has already registered; or (iii) if the Customer does not wish to register with the Site, to provide his/her information in order to complete the order and permit the consummation of the contract of purchase.
2.5 Customers already registered with the Site may also add one or more Products present on the Site to their personal Wishlists. The Wishlist is a way of saving information about Products that a Customer wishes to purchase. This feature saves the selected Products even after the user leaves the Site, making it easy for the user to move and purchase his/her favourite Products at a later time. The Products will remain on the Wishlist - which the Customer can check at any time by logging in to the Site and accessing the specific section ["My Wishlist"] - until they are moved into the shopping cart by clicking on the button ["Purchase"] next to each Product or on the button ["Add all to cart"], where the Customer wishes to move all of the Products on his/her Wishlist to the cart, or they are permanently removed by the Customer. Please note that Products added to a Customer's Wishlist shall not be reserved and shall be available for purchase by other customers until an order for the Products concerned - after they have been moved to the shopping cart - is placed and confirmed in accordance with these general conditions of sale.
2.6 The Customer must also select the methods of shipment of the Products and method of payment from among the options provided on the Site. The Customer must also request that Divo issue a tax invoice for the purchase, where desired, pursuant to Art. 22 of Presidential Decree No. 633/1972.
2.7 Once the above steps have been completed, the Customer will be able to view a summary of his/her Order, the contents of which may be modified until the button ["Confirm order with payment obligation"] is selected. The Customer must then carefully read and expressly approve these Conditions by checking a box on the Site. Finally, the Customer will be asked to confirm the Order, which will then be definitively submitted to Divo, using the button ["Confirm order with payment obligation"].
2.8 Orders submitted by Customers to Divo via the Site are contractual proposals and are governed by these Conditions.
2.9 Orders are subject to the availability of the Products and acceptance by Divo. Divo reserves the right, at any time and at its sole discretion, to reject an Order, including, for example, cases in which (i) the Products ordered are no longer available on the Site and/or in its warehouses; (ii) Divo identifies an error on the Site concerning the price and/or description of the Products; (iii) an Order cannot be filled due to an error in the information provided by the Customer (for example, information on payment, invoicing or the delivery address); and (iv) Divo has reason to believe that an Order has been placed by a minor. Divo also reserves the right to undertake partial deliveries and/or to limit the quantity of Products ordered by the Customer to a number of Products deemed reasonable for home use. In such cases, the Customer shall only be charged the price of the Products delivered. In all cases in which Divo is unable to fill an Order, is able to do so only in part, or intends to limit the quantity of Products subject to the Order, Divo shall contact the Customer by e-mail or telephone as soon as possible and in any event within 30 (thirty) days of the submission of the Order via the Site. Any payments already made by the Customer shall be promptly refunded by Divo according to the same methods used by the Customer to make payment for the Products.
2.10 Divo shall confirm that an Order has been properly received by sending the Customer a reply by e-mail to the e-mail address indicated by the Customer confirming the Order (hereinafter the "Order Confirmation"). The Order Confirmation shall contain a copy of these Conditions, as provided for in applicable legislation, the data included in the Order by the Customer and a description of the characteristics of the Product(s) ordered, so that they Customer can check them and report any corrections of incorrect data without delay.
2.11 All contracts of purchase for the Products shall be considered concluded when the Customer receives the Order Confirmation from Divo by e-mail.
3. Prices and Payment Methods
3.1 The prices indicated on the Website shall be understood as inclusive of taxes and VAT. Any delivery costs or payment charges shall in any case be notified to the Client via the Website or through these Conditions.
3.2 The following payment methods are accepted:
Clients may pay via PayPal in accordance with the specific methods set by the same.
(ii) Credit card
Where products are purchased using a credit card, the transaction may be performed via the PayPal secure server or another secure server as chosen by FiloBlu.
Under no circumstances and at no stage of the transaction shall FiloBlu be able to access the Client's credit card details, which shall be transmitted through a secure connection directly to the banking institute that manages the transaction. No electronic record of said details shall be held by FiloBlu and therefore under no circumstances shall FiloBlu be held liable for any fraudulent and unauthorised use of credit cards by third parties at the time of payment.
4. Delivery of the products and related expenses
4.1 The products purchased shall be delivered to the address indicated by the Customer in the Order within 24-120 hours of acceptance of the Order by Divo, depending on the country of delivery, at the cost specifically indicated on the Site prior to submission of the Order. Divo reserves the right to accept or reject requests for delivery outside of Italy and Europe. In any event, shipping costs and delivery times for deliveries to be made outside of Italy are subject to change.
4.2 In cases of requests for delivery to countries outside the European Union, the total price indicated in the Order and summarised in the Order Confirmation shall include only indirect taxes (where applicable) and shipping costs. Accordingly, any customs fees and/or duties for importation shall be borne by the Customer. The amount of such duties and/or other taxes may vary from country to country depending on the Products and/or their value. The Customer shall be solely liable for paying such duties and/or taxes and hereby undertakes to pay them, where due, in addition to the price indicated in the Order and confirmed in the Order Confirmation, in accordance with the laws in the country where the Products will be delivered. The Customer should therefore contact the customs authorities in his/her country in advance to verify the costs and any limits on importation. The Customer acknowledges and accepts that ignorance of the costs, charges, duties, taxes and/or levies set out in this Article 4.2 when an Order is placed with Divo shall not constitute grounds for termination of this contract and that under no circumstances may he/she charge such costs to Divo.
4.3 The delivery times indicated by Divo shall be regarded as merely indicative and not binding on Divo. Accordingly, delay with respect to such delivery times, or delivery by means of subsequent partial shipments, shall not entitle the Customer to refuse to accept such delivery and demand compensation or indemnification. Divo therefore cannot be held liable for any losses or damages suffered by the Customer due to delays in the delivery of the Products unless such delay is due to wilful misconduct or negligence by Divo. For the details of the methods of delivery of the Products, the Consumer may visit the specific "Shipping" section.
4.4 The risk of loss or accidental deterioration of the Products shall be transferred to the Customer when he/she or a third party designated by him/her other than the carrier enters into material possession of the Products. However, the risk shall be transferred to the Customer upon delivery of the Products to the carrier if the latter has been chosen by the Customer, without prejudice to the Customer's rights vis-à-vis the carrier. For the purposes of the transfer of risk, refusal or delay of acceptance of the Products by the Customer [sic].
4.5 Upon delivery of the Products, the Customer shall verify that:
- the number of parcels delivered matches the number indicated in the transport document;
- the packaging is intact, undamaged, dry and otherwise has not been tampered with, including with regards to sealing materials (adhesive tape or metal straps).
Any damages to the packaging and/or the product or mismatches between the number of parcels and the quantity indicated shall be noted immediately by adding a specific annotation to the shipping document for the product to be returned to the carrier.
Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within seven (7) days of delivery, according to the methods specified in Article 7 below. In any event, the foregoing is without prejudice to the provisions in the Customer's favour concerning the legal guarantee of conformity, as set out in Article 6 below, and the right of withdrawal, as set out in Article 5 below.
5. Right of withdrawal - Notice
5.1 Pursuant to Art. 52 of Legislative Decree No. 206/2005, as amended by Legislative Decree No. 21/2014, the Customer may withdraw from the Conditions and thus from the contract of purchase for any reason, without the need to provide justification, and without any penalty, within 14 (fourteen) business days of (i) when the Product is delivered or (ii) if multiple Products are delivered separately with a single order, when the final Product is delivered.
5.2 To exercise the right of withdrawal set out in Article 5.1 above, the Customer shall send Divo a notice of withdrawal within the period indicated above through the e-mail address email@example.com.
5.3 In the event of withdrawal, the Customer shall return the products, at his/her expense, to Divo within 14 (fourteen) days of withdrawal, by sending them to the address DIVO SRL, VIA DEL MONTE EST 91, LOC. QUATTRO STRADE, 56031, BIENTINA, PISA. The above deadline shall be considered to be met if the Customer dispatches the products before the end of the period of 14 (fourteen) days, regardless of the date on which the Products are then actually delivered to Divo. The goods must be returned intact, with all parts and in their original packaging (bags and packages), kept and used, where appropriate, for the time strictly necessary to determine and verify their nature, characteristics and size, according to due diligence, without any signs of wear and tear or dirt, according to the conditions set out below:
- the right of withdrawal shall be applied to Products purchased in their entirety; withdrawal cannot be exercised solely for a part of a Product purchased (e.g., accessories, complementary articles, etc.);
- in order for withdrawal to be possible, the Product must be intact and returned in its original packaging, complete with all of its parts (including packaging and any documentation and accessory items: labels, cards, tags, seals, etc.);
- shipping costs (and any customs costs, where present) for the return of the Product shall be borne solely by the Customer.
- the Customer shall be solely liable for the shipment of returned Products, until they are received by the warehouse indicated by Divo;
- in the event of damage to the goods during transport, Divo shall inform the Customer thereof, in order to allow him/her to file a timely claim with the carrier chosen by him/her and obtain the appropriate reimbursement; the Product shall then be made available to the Customer and the withdrawal request cancelled;
- Divo shall not be liable in any way for damages, theft or loss that occur during or as a result of return shipment.
5.4 In the event of lawful, proper exercise of the right of withdrawal, Divo shall refund the Customer the entire amount already paid, inclusive of delivery costs, where incurred by the Customer to receive the Products, net of any supplementary shipping costs set out in Art. 56, par. 2, of Legislative Decree No. 21/2014 (e.g., where the Customer has chosen a type of delivery other than the least expensive type made available by the Site), within no more than 14 (fourteen) days from receipt by Divo of notice from the Customer of the exercise of the right of withdrawal, through a procedure for a refund of the amount debited, using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed. In any event, the Customer shall not bear any costs as a consequence of such refund. Divo may suspend the refund until the Product to be returned is received or until the Customer proves that he/she has properly dispatched the Product to be returned, where earlier.
5.5 The Customer shall be liable for a reduction in the value of Products due to use other than necessary to determine their nature, characteristics and functioning. Accordingly, if the Products returned are found to be damaged (e.g., with signs of wear and tear, abrasions, scrapes, scratches, deformations, etc.), not to include all of their components and accessories (inclusive of unaltered labels and tags attached to the Product), or not to be accompanied by the enclosed instructions/notes/manuals, by the original packing and packaging and by the warranty certificate, where present, the Customer shall be liable for the reduction in the value of the Product and shall be entitled to a refund of the residual value of the Product. The Customer therefore should not handle the Products beyond the extent strictly necessary to determine their nature, characteristics and functioning and should cover the original wrapping of the Products with other protective packaging to keep it intact and protect it during transport, including text and labels. Divo reserves the right to verify the condition in which Products are returned due to the exercise of the right of withdrawal and to inform the Customer by e-mail of any reduction in the value of the Products due to handling other than as necessary to determine the nature, characteristics and functioning of the Products, and to provide the refund set out in Article 5.4 above reflecting the said reduction in value.
6. Legal guarantee of conformity
6.1 All Products sold by Divo through the Site are covered by a guarantee of 24 (twenty-four) months from the date of delivery to the Customer against lack of conformity pursuant to Title III of Legislative Decree No. 206/2005. To benefit from guarantee service, the Customer must retain the invoice or payment receipt, along with the transport document.
6.2 The guarantee against a lack of conformity shall apply provided that the Product in question has been used properly, as intended, and according to the use and washing instructions present in and/or with the Product.
6.3 On pain of the invalidity of this guarantee, the Customer is required to report any defects and lack of conformity within no more than two (2) months of discovery by sending Divo an e-mail at the address firstname.lastname@example.org indicating the defect and/or lack of conformity identified, along with the pertinent documentation indicated in the return form (at least one (1) photograph of the Product, copy of the Order Confirmation sent by Divo and/or the tax receipt).
6.4 Divo shall assess the defects and lack of conformity reported by the Customer. After having performed the checks necessary to determine the effective lack of conformity of the Product, Divo shall decide whether to authorise the return of the Products. The Customer shall receive a reply from Divo by e-mail sent to the address provided by Divo during the process of registration with the Site or submission of the Order, containing a "return code" and the instructions for dispatching the defective and/or non-conforming Product for return. Authorisation to return the Products in no way represents acknowledgement of defects or lack of conformity, the existence of which must be determined after return. Products the return of which has been authorised by Divo must be delivered by the Customer at his/her expense, along with a copy of the notice of authorisation of return containing the "return code", within 30 (thirty) days of the claim of lack of conformity, to the address email@example.com.
6.5 If it is determined that a Product is non-conforming, Divo shall refund the Customer the shipping costs incurred to return the non-conforming Product and, at no charge to the Customer, to repair the product or replace it with a new Product, at Divo's discretion. In this latter case, the replaced non-confirming Product shall remain the property of Divo. If, for any reason, Divo is unable to provide the Customer a product under guarantee (repaired or replaced), or if repair or replacement is excessively expensive, considering the value of the product, Divo shall reduce the price paid accordingly, or return the full amount paid and terminate the contract. The refund shall be provided, where possible, using the same means of payment as used by the Customer when purchasing the Product.
7. Additional cases of returns
7.1 In the circumstances set out in the final paragraph of Article 4.5 above, the Customer may, within no more than seven (7) days of receipt of the Products, inform Divo of any problems encountered with the Products delivered by sending an e-mail message to the address firstname.lastname@example.org. After conducting the appropriate inquiries, Divo shall provide the Customer with a return form and return code by e-mail and ask the Customer to return the Product within the following seven (7) business days, together with the completed return form and the return code provided to the Customer, by having it delivered or delivering it to: email@example.com
7.2 The Product must be returned or delivered to the above address intact (without signs of wear and tear, abrasions, scrapes, scratches, deformations, etc.), along with all components and accessories and accompanied by the enclosed instructions/notes/manuals, by the original packing and packaging and by the warranty certificate, where present, and in any event in the conditions in which it was delivered to the Customer. Otherwise, the Customer shall not be entitled to a refund.
7.3 Once the returned Product has been checked, provided that the requirements have been met, Divo shall refund the Customer the shipping costs to return the Product, where incurred, and send the Customer a new Product or the Product actually ordered, at no additional charge and as soon as possible. The aforementioned refund shall be provided using the same means of payment as used by the Customer, unless the Customer requests a refund by another means of payment. In this latter case, the Customer shall be liable for any additional costs deriving from the use of such other means of payment.
7.4 The foregoing is without prejudice, in any event, to the application of provisions favourable to the Customer in respect of the legal guarantee of conformity, pursuant to Article 6 above, and in respect of the right of withdrawal, pursuant to Article 5 above.
8. Claims and requests for information
8.1 Any claims or requests for information may be addressed to Divo as follows: Divo Srl, Via del Monte Est 91, Loc. Quattro strade, 56031, Bientina, Pisa. The costs of telephone calls will vary depending on the user's telephone operator.
9.2 The Customer represents and warrants that the data provided to Divo by placing the Order are truthful and accurate.
10. Force majeure
10.1 Under no circumstances shall Divo be liable for full or partial breach of its obligations under this contract where such breach is caused by unforeseen events and/or natural events beyond its reasonable control, including, without limitation, natural catastrophic events, acts of terrorism, wars, popular uprisings, electrical power outages, general strikes of public and/or private sector workers, strikes and/or restrictions affecting the circulation of carriers and air travel.
11.1 These Conditions have been drafted in Italian and English. In the event of any discrepancy between the texts in the various languages or of interpretative doubts, the text in the Italian language shall prevail.
12. Applicable law
12.1 The contract of sale set out in these Conditions and the performance of the said contract are governed by the laws of Italy, setting aside the provisions on conflict and the United Nations Convention on Contracts for the International Sale of Goods. If the Customer - understood solely as a "consumer" as defined in the Consumer Code - does not wish to initiate or participate in an alternative dispute resolution procedure, the court in the Customer's municipality of residence or the Court of Pisa, at the Customer's discretion, shall be competent for the resolution of the related disputes.