Effective as of the 17th of September 2014, for all contracts concluded after that date:
I. GENERAL TERMS
1.1 Website name and ownership of the domain name
1.1.1 The following Terms and conditions of sale regulate the offer and the sale of the products through the website www.desyou.com (“website”) of the company Desyou di Emanuela Stevanella (hereinafter “Desyou”), with registered office in Italy, Via Belfiore n. 98, 37135 Cà di David – Verona, Tax Code STVMNL79B60L781X, VAT No. 04174010233, Verona Chamber of Commerce Economic Administrative Register No. VR-398312.
1.1.2 The website is owned by Desyou that is also the owner of the domain name.
1.2 Description of the products distributed through the website
1.2.1 The products distributed through Desyou website are fashion articles and accessories.
1.3 Identification of the seller
1.3.1 The products purchased on the website are offered and sold by Desyou, which is the only counterpart of the Customer who would like to purchase one or more products on the website, and it is (i) the subject to which the Customer sends his order, to accept the offer and finalize the contract; (ii) the subject which assumes the obligations preceding the contract about the offer to the Customer, (iii) the subject which concludes the contract with the Customer, assuming the relevant obligations and rights. The contract concluded on the website is, therefore, concluded between the Customer and Desyou.
1.4 Field of application
1.4.1 The offer and the sale of the products on the website represent a distance contract governed by Legislative Decree dated September 6th, 2005, No. 206, Heading I, Title III (art. 45 and following) (“Consumer Code”).
1.4.2 These Terms and conditions of sale shall apply to all contract concluded on Desyou website.
1.4.3 Terms and conditions of sale can be modified in every moment. Any possible modifications and/or new term will be effective from its publication on the website, in the relevant section “Terms and conditions of sale”. We advice Customers to check the most updated version of the Terms and conditions of sale before any purchase.
1.4.4 The relevant Terms and conditions of sale are the ones in force the day of the order and are available in English.
1.4.5 These Terms and conditions of sale do not regulate the sale of products by anyone other than Desyou, that may be present on the website through links, banners or other hypertext links. Before any commercial transaction with these subjects, we advice to check their own sales terms. Desyou is not responsible for the sale or the services supplied. Desyou does not control or monitor those websites and therefore is not responsible for their contents, errors and/or omission, and/or violation of law.
1.4.6 It is responsibility of the Customer to read these Terms and conditions of sale, available in the relevant section ” Terms and conditions of sale” on the website. Both before and during the purchase process, the Customer is allowed to store and duplicate any kind of information that Desyou provides on the website.
1.5 Purchases on the website
1.5.1 In order to make any purchase on the website, the Customer has first to sign in (in accordance with clause 1.6 below). Customers can be consumers or not. A natural person has the possibility to purchase only if has reached the age of 18.
1.5.2 In accordance with Consumer Code, art. 3, clause I, letter a, a consumer is a natural person who purchases the goods for purposes that do not relate to his own business, commercial, professional or artisan activity.
1.6.1 The Customer can register for free. In order to sign in the Customer has to click “My Account” and follow the procedure.
1.6.2 The login details (email address and password) have to be carefully stored. They can be used by the Customer only and cannot be given to third parties. The Customer agrees to keep them secret and to ensure that no third party has access to. He also agrees to notify immediately Desyou, by using the contact details below, see clause 3.2, if he suspects or becomes aware of misuse or improper disclosure.
II. TERMS AND CONDITIONS OF SALE ABOUT THE PURCHASE OF THE PRODUCTS
2.1 Information concerning the conclusion of the online contract
2.1.1 Desyou informs the Customer that:
first of all he has to select the products that he intends to purchase. An “ADD TO CART” button is evidenced in every product specification. To add a product to the shopping cart he must select the color and the size and then click “ADD TO CART”, located on the lower right side of the product specification. This procedure must be repeated for every product he intends to purchase. By clicking “GO TO THE CART” or directly the link “CART” located at the right top of the web page, the order procedure starts.
The procedure is divided into two parts/pages. In the first page, the Customer can find the products put in the shopping cart, the sizes and the quantities. During this phase, the Customer can eliminate a product or change the quantities. Be careful: every modification about quantities must be confirmed by clicking “UPDATE CART” before proceeding with the next phase. During this phase, the Customer has also the possibility to check the shipping costs, that can vary according to the quantities put in the shopping cart.
The box “YOUR DETAILS” shows the billing details. During this phase, the data can still be modified. The Customer has to consider that every modification will entail a change in the data stored in the Customer profile as well.
The box “DELIVERY DETAILS” shows the delivery details that can be different from the billing details in case of delivery to someone else, to a different address, etc. The Customer can also specify in the relevant field “c/o” if the parcel has to be delivered to a work place and specify the name on the doorbell (option available for shipments to European countries only).
In the box “PAYMENT” the Customer can find the possible payment methods and the Terms and conditions of sale. In order to proceed to the next phase, it is necessary to accept the Terms and conditions of sale by ticking the relevant button at the bottom of the page. The second page shows again all the details regarding the Customer, the delivery and the products purchased. If the Customer prefers to pay through Paypal, he will be redirected to Paypal website. The contract is understood to be concluded with acceptance, even partial, of the order by Desyou.
Acceptance is expressed by a confirmation email sent to the email address specified by the Customer. The confirmation message will show both the date and the time of the order and an “Order Number” to be used for every further communication with Desyou. The message propose again all the data inserted by the Customer, who has to check if they are correct and promptly notify any possible correction. Once the online purchase procedure is terminated, the Customer must print or save an electronic copy of the order and the relevant confirmation and in any case store the current Terms and conditions of sale.
2.2.2 In every product specification there are all the information about the availability of any product. The availability of the products is always updated. However, as the website can be visited by more than one Customer at the same time, it may happen that more than one Customer purchases the same product at the same time. In these cases, the product can be shown as available for a small stint but actually it is sold out or will be available only after the next assortment.
2.3.1 Products are sold according to the pricelist in force when the order is placed by the Customer. Prices for EUROPEAN shipments are understood to include VAT and are net of shipping costs that will be calculated when the order is placed. Prices for EXTRA-EUROPEAN shipments are understood to exclude VAT and are net of shipping costs that will be calculated when the order is placed.
2.3.2 Desyou has the right to modify the prices of the products in every moment, even without prior notice. The price that will be debited is the one shown on the website during the order procedure and any following variation (minor or superior) will not be considered, except in the case of a price of a product that is disproportionately incompatible with market prices due to obvious errors.
2.4 Purchase orders
2.4.1 Desyou will deliver the goods once the payment of the total amount due has successfully gone through.
2.4.2 The Customer will be the owner of the product at the time of shipment, that is when the product is entrusted to the courier (“courier”). The Customer will be responsible for the risk of loss or damage, not caused by Desyou, when he or an authorized third party different from the courier, will acquire physical possession of the product.
2.5 Payment methods
2.5.1 The payment methods accepted for the products purchased on the website are Paypal and bank transfer. If the Customer would like to pay through Paypal, he will be redirected to Paypal website (www.paypal.it) where he will authorize Paypal to proceed with the payment requested by Desyou, according to Paypal procedures and to the terms and conditions agreed between Payapl and the Customer. The data inserted into Paypal website will be processed directly by Paypal and won’t be sent or shared with Desyou. Desyou is therefore not able to know in any way and does not store the details of the credit card of the Customer account or any other data of any other payment instrument associated with this account. The total amount due will be debited by Payal to the Customer at the moment of shipment or the day before.
In case of dissolution of the contract or refund, the amount of the refund will be credited to the relevant Paypal account. Times of refunding only depends on Paypal and the bank system. Once the refund is issued, Desyou cannot be considered as responsible for any delay or omission about the credit. For any claim, the Customer must refer to Paypal directly.
2.6.1 The invoice or receipt will be sent by email. During the purchase procedure, the Customer will be asked to enter his billing details. The invoice will be issued according to the details provided by the Customer, who guarantees their truthfulness and releases Desyou from any liability.
2.7 Delivery of the products
2.7.1 The products purchased on the website will be delivered in Italy and abroad to the delivery address specified in the order.
Shipments to Andorra, Australia, Brazil, Canada, Faroe, Japan, Gibraltar, Hong Kong, Iceland, Liechtenstein, Macao, Macedonia, Mexico, Monaco (Principality of), New Zealand, Switzerland, Turkey, U.S.A. may be subjected to import duties and taxes, which are levied once the package reaches the destination country. Desyou doesn’t know the amount of import duties and taxes, that are responsibility of the recipient.
2.7.2 The Customer will receive a confirmation email as soon as the package is entrusted to the courier.
2.7.3 Shipping costs are at the expenses of the Customer. The value of the shipping costs depends on the delivery address (Italy or abroad) and it is clearly and separated specified during the purchase procedure, both in the summary of the order and the order confirmation. In any case, it is specified before the Customer finalizes the order.
2.7.4 SDA is the courier for shipments to Italy, Vatican city and Republic of San Marino whereas Fedex is the courier for shipments to European and extra-European countries (Italy, Vatican city and Republic of San Marino excluded).
2.7.5 It is responsibility of the Customer to check the conditions of the product delivered.
Even if the Customer, or an authorized third party different from the courier, is responsible for the risk of loss or damage, not caused by Desyou, when he acquires physical possession of the product, we advice to check the number of products received and the integrity of the packaging that should not be damaged or wet. Possible anomalies have to be notified to the courier and we advice to sign for the parcel as “unchecked” if the Customer should detect something. In case of clear signs of tampering or alteration, the Customer promptly has to inform the Customer Service. It being understood that the application of the rules concerning the right of withdrawal and the legal guarantee of conformity remain valid.
2.8 Right of withdrawal
2.8.1 If the Customer is a consumer, he is entitled to withdraw from the purchase contract within 14 calendar days and for any reason whatsoever without the need to give explanations and without any penalty except the ones specified in the following clauses 2.8.5, 2.8.6 and 2.8.7.
The period of withdrawal accrues from (“period of withdrawal”):
a) for orders about one product only, from the day when the Customer or a third party, different from the courier and specified by the Customer, acquires physical possession of the products;
b) for multiple products orders with separate shipments, from the day when the Customer or a third party, different from the courier and specified by the Customer, acquires physical possession of the last product;
2.8.2 In order to withdraw, the Customer must inform Desyou about his intention before the time limit of the period of withdrawal.
2.8.3 The Customer can:
(a) log in and refer to the relevant section “Returns”, which is in the area “Desyou”.
Once the above-mentioned withdrawal notice has been received, the Customer Service shall promptly confirm the reception of the request and give instructions about the return of the goods which must be received by Desyou within 14 days from the date of authorization.
(b) provide any other declaration about his intention to withdraw (“declaration of withdrawal”).
2.8.4 The Customer exercises his right of withdrawal within the period of withdrawal only if the communication of withdrawal has been sent before the time limit of the period of withdrawal.
In case of the Customer would like to send a declaration of withdrawal, we advice to write on it the order number, the product/s that he would like to return and his address. Because the responsibility of the proof of exercising the right of withdrawal within the time limit of the period of withdrawal falls on the Customer, it is in the interests of the Customer to make use of a durable mean when communicating to Desyou his intention to withdraw.
2.8.5 The right of withdrawal is in any case subject to the following conditions: (i) the right shall apply only to the entire purchased product; (ii) the goods purchased must be unaltered and returned in their original package, complete in all their parts (including packaging and documentation, etc…); (iii) in no case shall labels or adhesive tapes be applied directly onto the original product package; (iv) the return shipping charges and duty taxes are to be charged to the Customer; (v) the shipment, until our warehouse confirms the receipt of the parcel, is under the entire responsibility of the Customer.
2.8.6 The Customer has to return the product/s to Desyou by selecting a courier and paying for the shipping costs, within 14 calendar days from the communication of withdrawal to Desyou. The Customer complies with the time limit if he sends the product/s back within 14 calendar days. The product/s, properly packed, must be sent to the following address: Desyou di Emanuela Stevanella, registered office in Via Belfiore n. 98, 37135 Cà di David – Verona (Italy). The shipping costs are at the expenses of the Customer. It is responsibility of the Customer the return of the product/s to Desyou and the relevant shipping costs.
2.8.7 If the Customer withdraws from the contract, Desyou will refund the total amount paied for the product, not accounting the shipping costs, within 14 calendar days from the day when Desyou has been informed about the intention to withdraw. The refund will be issued to the same payment method used for the initial transaction, unless the Customer has differently agreed.
In any case, no other cost will be debited to the Customer for the refund. The refund can be suspended until the reception of the product or the reception of the proof that the product has been sent back, if it is prior.
2.8.8 It is responsibility of the Customer the decrease in goods value resulting from a handling of the product other than that necessary to establish the nature, characteristics and functioning of the product. The product will be stored, handled and inspected with ordinary care and returned unaltered, complete in all its parts, fully functioning, with all its accessories and leaflets, tags, unaltered labels still attached to the product (if any), perfectly suitable for the its use and without any sign of wear or dirt. The product must be returned in its entirety. It is not possible to return a single part or an accessory of the product.
2.8.9 If the withdrawal is not exercised in accordance with the relevant law, the contract will not be subject to dissolution and therefore no refund will be issued. Desyou will notify the Customer within 5 working days from the receipt of the product, rejecting the request of withdrawal. The product will remain at Desyou office and the Customer will arrange the collection at his own risk and expenses.
2.8.10 In case of the returned product has suffered a decrease in its value resulting from a handling other than that necessary to establish the nature, characteristics and functioning of the product, an amount equal to this decrease will be discounted from the amount that will be refunded. Desyou will notify the Customer within 5 working days from the receipt of the product. If the refund has already been issued, Desyou will provide the Customer with the relevant bank details for the payment of the amount due because of this decrease.
III. FINAL TERMS
2.9 Legal guarantee of conformity
2.9.1 All the products offered are covered by the legal guarantee of conformity in accordance with Consumer Code, art. 128-135 (“legal guarantee”).
2.9.2 TO WHOM IT SHALL APPLY
The legal guarantee refers to consumers and shall apply to the Customer who makes a purchase on the website for purposes that do not relate to his own business, commercial, professional or artisan activity. The guarantees regarding a lack of quality or a defect of the product sold together with all the other guarantees provided for by Civil Code (included the relevant terms, forfeiture and limitations) shall apply to who made a purchase and is not a consumer.
2.9.3 WHEN IT SHALL APPLY
The seller (that is Desyou for all the purchases made on the website) is responsible for any lack of quality at the moment of delivery and within 2 years from delivery. The Customer must notify the seller about any lack of conformity within 2 months from the date of discovery of the lack, or risk forfeiture. If a lack of conformity appears within 6 months from delivery, it means that the lack already existed at that date, unless this event is conflicting with the nature of the goods or the lack of conformity.
Starting from the 7th month after delivery, the Customer must prove that the lack of conformity already existed at that moment of delivery.
In order to take advantage of the legal guarantee, the Customer first of all must prove the date of the purchase and delivery. As a consequence, we advice the Customer to keep the order confirmation or the invoice or the waybill or any other document that can prove the date of the purchase (the bank statement for example) and the delivery date.
2.9.4 WHAT THE LACK OF CONFORMITY IS
There is a lack of conformity when the product purchased:
– is not suitable for the purposes for which goods of the same type are normally used;
– is different from the description provided by the seller and has not got the qualities of the product that the seller displayed as a sample or model;
– does not have the quality and performance which are normal in goods of the same type, that the Customer can expect, taking into account any representations made in advertising or labeling;
– is not suitable for the particular use required by the consumer who already informed the seller at the conclusion of the contract and the seller accepted.
Any failure or malfunction caused by accidental events or responsibilities of the Customer and a lack of conformity in the intended use of the product and/or in the technical documentation supplied with the product, are therefore excluded from the legal guarantee.
2.9.5 AVAILABLE REMEDIES FOR THE CUSTOMER
In case of a lack of conformity properly notified, the Customer has a right to:
– first of all, a free repair or replacement of the goods, at its option, unless the remedy requested is impossible or disproportionate compared with the other;
– secondly, a reduced price or the dissolution of the contract, at its option, if the repair or replacement are impossible or disproportionate, the repair or replacement are not carried out within an adequate term, the repair or replacement already carried out caused considerable inconveniences to the consumer.
The requested remedy is disproportionate if it imposes costs on the seller unreasonable in comparison to alternative remedies that can be attempted, taking into account (i) the value of a product without the lack of conformity; (ii) the extent of the lack of conformity; (iii) the alternative remedy that could be attempted without significant inconvenience to the consumer.
2.9.6 WHAT TO DO IN CASE OF A LACK OF CONFORMITY
If a product purchased on the website shows a lack of conformity during the validity of the legal guarantee, the Customer can contact the Customer Service by using the contact details included in clause 3.2. Desyou will promptly give a feedback and inform the Customer about the procedure to follow, taking into account the defect notified.
3.1. Applicable law
3.1.1 Italian law shall apply for any purchase contract concluded on the website.
3.1.2 Any most favorable regulation in accordance with the law of the country of the habitual residence is guaranteed for the Customers that do not have their habitual residence in Italy. In particular, concerning the possible period for exercising the right of withdrawal, the time limit for the return of the products and the relevant procedure and the legal guarantee of conformity.
3.1.3 Please note that if a Customer is a consumer, for any litigation about the application, execution and interpretation of these Terms and conditions of sale the competent court is the one where the Customer has his residence or his domicile. If a Customer is not a consumer, for any litigation about the application, execution and interpretation of these Terms and conditions of sale the competent court is the one of Verona.
3.2. Customer Service and claims
3.2.1 It is possible to ask for information, send communications, ask for assistance or send a complaint by getting in contact with Desyou Customer Service (“Customer Service”) by using the following contact details:
– by postal service, to: Desyou di Emanuela Stevanella, registered office in Via Belfiore n. 98, 37135 Cà di David – Verona (Italy).