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Loading...Buyer Identification: The user identified by the information provided at the time of registration, hereafter referred to as “Buyer” or “User”.
Identification of the Seller: The goods subject to these general conditions are offered for sale by Main Street S.r.l. owner of the site https://dhgshop.performize.io/ and having its registered office in Cantagallo (PO) Via G. di Vittorio 3/5 CAP 59025, registered with the Chamber of Commerce of Prato (PO) at registration no., C.F. and P. IVA 01853950978, email info@dhgshop.it certified email address mainstreet@pec.uiservizi.it, hereinafter referred to as “Seller”.
These “Terms and Conditions of Sale” set forth, in clear and easy-to-understand language, the terms and conditions to be applied to the purchase of Textile Products through the Seller’s website, which is required to publish them so that they are easily accessible. The User is required to read the Terms and Conditions carefully before registering, which is necessary in order to place orders online. Upon registration, the User declares that he/she unconditionally accepts the terms and conditions specified below. Capitalized terms used in these Terms of Sale shall be construed according to the meaning set forth below in the “Definitions” section of this document. These Conditions of Sale, together with the order confirmation, constitute the contract for the supply of Textile Products between Seller and Buyer, as identified below. No other terms or conditions shall apply. Seller may make changes to these Conditions at any time. The Conditions of Sale are posted on https://dhgshop.performize.io/ (hereinafter the “Site”) for the purpose of allowing them to be known, as well as stored and reproduced by Buyer. These premises form an integral and substantial part of the Online Sales Agreement between Buyer and Seller.
1.1. The term “Online Sales Contract” means the contract of purchase and sale relating to the Seller’s tangible movable property, entered into between the Seller and the Buyer within the framework of a distance selling system through telematic means, organized by the Seller.
1.2. “Buyer” means the person, identified at the time of registration who makes a purchase on the Site.
1.3. The term “Seller” means the person, identified above who is acting in the course of his or her commercial, industrial, handicraft or professional activity and offers the goods covered by this contract through the website of which he or she is the owner.
1.4. “User” means the natural or legal person who has access to the Site, including through the procedure of registration and creation of an account as provided in Article 3 below.
1.5. The term “Consumer” means any natural person who makes purchases for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
1.6. “Techniques of distance communication” means any means that, without the simultaneous physical presence of the Seller and the Buyer, may be employed for the conclusion of the contract between said parties.
1.7. The expression “Textile Product” means the raw, semi-finished, processed, semi-manufactured, manufactured, semi-made-up or made-up Product, exclusively composed of textile fibers, whatever the blending or joining process carried out. Textile Products and Products assimilated to them are made available on the market provided they are labeled, marked or accompanied by commercial documents in accordance with the provisions of Regulation (EU) 1007/2011.
1.8. “Assimilated products” are defined as:
1.9. “Labeling” means the display on the Textile Product of the required information by affixing a label.
1.10. “Marking” means the indication of required information on the Textile Product by stitching, embroidery, printing, embossing or any other application technology.
1.11. “Site” refers to the web page https://dhgshop.performize.io/.
2.1. These Terms and Conditions of Sale govern the terms, conditions and methods of distance purchase, by means of telematic tools, by the Buyer from the Seller of the Textile Products, indicated and offered for sale on the Site.
2.2. The Textile Products referred to in the preceding paragraph are adequately illustrated on the web pages of the Site, where the descriptions of the fibrous compositions of each Textile Product are indicated in an easily legible, visible, and clear manner, as well as in a uniform font with regard to size and style.
2.3. The textile fiber names contained in Annex I of Regulation (EU) 1007/2001 and subsequent amendments thereto through specific Delegated Regulations (EU) shall be used exclusively.
3.1. Creating an account on the Site is free of charge. It can be done by registering on the Site and accepting these online terms of sale.
3.2. To create an account by registering on the Site, the User must fill out a special online form, which will indicate the mandatory and, if necessary, optional data, entering: first name, last name, address, telephone number, e-mail address and password; once this step is completed, the User must click on the “Register” button. At the end of this procedure, the User will receive confirmation of the so-called “Registration Credentials” (username and password) to the e-mail address indicated at the time of registration, which will be necessary for access to the purchase transactions of the Products offered on the Site.
3.3. The Seller reserves the right to verify the existence of the minimum age required by law for the Buyer also by “off-line” means (e.g. by requesting the Buyer’s social security number by email or otherwise). It is up to the Seller, subject to legal obligations, to consider whether or not to proceed with the conclusion of the contract based on the age of the Buyer and the nature of the purchase.
3.4. The creation of an account allows a User who intends to proceed with the purchase of Textile Products through the Seller’s Site to perform the following activities directly through that Site, among others:
3.5. Registered User warrants that the information provided during the registration process is complete, correct and true. The User agrees to hold the Seller harmless and indemnified from any damages, compensatory obligations and/or penalties arising out of or in any way related to the User’s violation of the rules on registration to the Site or the storage of Registration Credentials. You are therefore solely responsible for access to the Site using your Registration Credentials and are directly liable for any damage or injury caused to Seller or any third party by misuse, loss, misappropriation by others or failure to maintain adequate secrecy of your Registration Credentials. All transactions made using the Registration Credentials shall be deemed to have been made by the User to whom they relate.
3.6. By registering on the Site, the User agrees to receive communications from the Seller, aimed at the execution of this contract (e.g. delivery status, payments, customer care etc.) and pre-contractual measures (e.g. information on prices, products). The User may at any time request not to receive further commercial marketing communications (by unsubscribing from the newsletter also using the “unsubscribe”/”Unsubscribe” link at the bottom of any promotional email) via email while retaining the ability to access and use the Site.
3.7. The Vendor reserves the right to refuse, at its sole discretion, a User’s registration with the Site.
3.8. The Seller reserves the right not to accept orders, from anyone, that are abnormal in relation to the quantity of Products purchased or the frequency of purchases made on the Site, as well as in relation to the improper or suspicious use of gift certificates.
3.9. You may cancel your membership at any time by clicking on the appropriate button in your user profile on the Site or by other means that Seller will make available to you at all times on the Site.
3.10. The contract between the Seller and the Buyer is concluded exclusively through the Internet network by means of the Buyer’s access to the appropriate areas of the Site where, following the indicated procedures, the Buyer will arrive at formalizing the proposal for the purchase of the goods indicated in point 2.
3.11. In accordance with Legislative Decree No. 70 of April 9, 2003 on electronic commerce, Seller informs Buyer that:
3.12. The language available to the Buyer for the conclusion of the contract is Italian [or other language prepared by the Seller and chosen by the Buyer]. Customer Service is able to communicate in the same language.
4.1. The offer and sale of the Textile Products through the Site constitute a distance contract governed by Articles 45 ff. of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”) and Legislative Decree No. 70 of April 9, 2003, containing the regulation of electronic commerce as well as by subsequent amendments to these rules.
4.2. For the purposes of the conclusion of the contract, the Buyer shall place the order online by inserting the products available in the catalog on the Site in the “shopping cart” and sending the order online always after displaying a web page summary of the order itself, printable, in which the details of the ordering party and the order, with the information sheet of the Product(s), the price of the good(s) purchased, the terms and conditions of payment, the address where the good will be delivered, the shipping costs (for any additional ancillary charges and additional costs, the Buyer should inquire at the competent customs office) and the expected time of delivery (in this regard, please note that the Site allows the Buyer to select the courier from those agreed with the Seller and, depending on the chosen courier, the Buyer will be able to see both the costs and the shipping time), the invitation to carefully read these Terms of Sale and the instructions on Withdrawal.
4.3. Upon viewing the order summary page, the User who intends to proceed with the purchase chooses the “order confirmation” option. By submitting the order form/form, the Buyer acknowledges and declares that he/she has read all the information provided to him/her during the purchase process and the further information contained on the Site regarding the Privacy Policy, as well as fully and unconditionally accepting these Terms of Sale.
4.4. The Seller reserves the right to refuse or cancel orders that come from the User.
4.5. The order will be stored in the Seller’s database for as long as necessary for its execution and, in any case, within the terms of the law; the Buyer, moreover, will be able to access his order by consulting the appropriate section of the Site or by writing to info@dhgshop.it.
4.6. The Seller will notify the Buyer of any inability to accept orders received within 48 (forty-eight) hours beginning on the business day following the day on which the Buyer transmitted the order and will refund any sums already paid for payment of the supply.
4.7. At the time when the Seller receives the order from the Buyer, it shall send an e-mail confirming and summarizing the order, in which the data recalled in Section 4.2 are also included.
4.8. The contract shall not be considered perfected and effective between the parties in the absence of the sending by the Seller of the e-mail referred to in the preceding paragraph.
4.9. The Buyer undertakes to verify the correctness of the data contained in the order confirmation e-mail and to notify the Seller within 48 (forty-eight) hours of receipt thereof of any corrections. If the Buyer’s confirmation of the correctness of the data is not received within the specified period, it is the Seller’s right to proceed to cancel the order. Possible additional expenses caused by errors in the data not reported to the Seller in a timely manner will be borne by the Buyer.
4.10. The order number, generated by the system and communicated by the Seller with respect to the purchase made, shall be used by the Buyer in any subsequent communication with the Seller.
5.1. Any payment by the Buyer may be made only by one of the methods indicated in the purchase form/form.
5.2. All payment-related communications take place on a special line protected by the encryption system.
5.3. For transaction security reasons, the Seller reserves the right to request the submission of the details or copy of an identity document of the Credit Card holder.
5.4. At the same time that the order confirmation and summary e-mail is sent, the amount corresponding to the Product(s) purchased will be charged to the Buyer. In the event that, for whatever reason, the debiting of the amounts due by the Buyer does not take place, the sale process is automatically cancelled and the sale automatically cancelled.
5.5. The Seller will issue the receipt for the purchase of the Product(s), sending it via e-mail to the order holder within 48 (forty-eight) hours from the e-mail confirming and summarizing the order or making it available on the Buyer’s personal page. The information provided by the Buyer will be the basis for the issuance of the receipt. No changes in the data will be possible after the issuance of the receipt itself (or the invoice).
5.6. Any refund to Buyer will be credited in the manner and at the times set forth in Sections 15.3, 15.4, 15.5, and 15.6 below. Any delay in crediting may depend on the banking institution, type of credit card, or payment solution used.
6.1. The Seller will deliver the Product(s) selected and ordered, in the manner chosen by the Buyer or indicated on the Site at the time of the offer of the good, as confirmed in the e-mail referred to in Section 4.7.
6.2. Shipping and delivery times may vary from the same day of the order to a maximum of 30 business days from the confirmation of the order and are made known to Buyer at the time of order confirmation. In the event that the Seller is unable to meet these deadlines, or in the event that delivery is delayed or excessively burdensome due to causes attributable to the Buyer (by way of example: when it provides incorrect directions or despite repeated attempts by the carrier no one provides for the receipt of the package, etc.), timely notice will be given to the Buyer by e-mail.
6.3. Methods, delivery times, and shipping costs are clearly indicated in the appropriate areas of the Site.
7.1. Each Product displayed on the Site is accompanied by an information sheet explaining its main characteristics (so-called “Product Sheet”). The “Product Sheet” contains the description of the fibrous compositions of each textile Product in an easily readable, visible and clear manner. This information is clearly visible to the Buyer prior to purchase.
7.2. In the “Product Sheet,” the description of the fibrous compositions of the textile Product is separate from other information and is not presented in a generic manner within a descriptive text of the Product.
7.3. Fibrous names are given in Italian and in full, without abbreviations or acronyms, are preceded by the percentage by weight of each fiber, and are listed in descending order.
7.4. Only a Textile Product composed entirely of the same fiber may be labeled or marked with the terms “100%,” “pure,” or “all.” The same is to be said for Products assimilated to a Product composed exclusively of the same fiber in accordance with the provisions of Articles 7 and 8 of Regulation No. 1007/2011.
7.5. A Textile Product composed of more than one fiber shall bear an indication on the label or marking of the name and weight percentage of all the fibers of which it is composed in descending order, in accordance with the provisions of Article 9 of Regulation No. 1007/2011.
7.6. Where the Product contains non-textile parts of animal origin, the information regarding the composition of the Product shall also present, in a non-misleading manner, the following phrase: “Contains non-textile parts of animal origin.”
7.7. Descriptions of the fiber composition shall be indicated in addition to online catalogs, in prospectuses, on packaging, labels, and markings so that they are easily legible, visible, and clear, and in uniform font size and style. Such information shall be clearly visible to the Buyer prior to purchase, including electronically, in accordance with Article 16 of Regulation No. 1007/2011.
7.8. The visual representation of the Textile Products on the Site, where available, normally corresponds to the photographic image in digital format accompanying the descriptive sheet. The image has the sole purpose of presenting the Products for sale and for this purpose is representative of its characteristics (except where such elements are qualifying the choice made by the Buyer who, for example, has the possibility of choosing between Products indicated with different “choice” color).
7.9. All sales prices of the Textile Products displayed and indicated within the Site, are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Civil Code.
7.10. The sales prices in the preceding paragraph are inclusive of VAT and any other taxes.
7.11. Shipping costs and any ancillary charges (e.g., customs clearance), if any, while not included in the purchase price are indicated and calculated in the purchase procedure prior to Buyer’s submission of the order and also contained on the web page summarizing the order placed.
7.12. The prices listed against each of the goods offered to the public are valid until the date indicated in the catalog.
8.1. The Seller ensures through the computer system used that orders are processed and fulfilled without delay.
8.2. The availability of the Products is usually indicated on the Site, where it may be indicated if the Products are possibly out of stock or otherwise not immediately available. If the Products are available, an indicative forecast of shipping time for the entire order is also usually indicated.
8.3. Should an order exceed the existing quantity in the warehouse, the system automatically prevents it from being added to the cart by indicating the maximum quantity that can be ordered.
8.4. The Seller’s computer system confirms in the shortest possible time that the order has been registered by forwarding an e-mail confirmation to the Buyer.
8.5. In case of orders having as object a plurality of Products (so called “Multiple Order”), if the unavailability concerns only some of the Products object of the Multiple Order, the Seller will notify the Buyer by e-mail and the latter will be, therefore, entitled to immediately terminate the contract, limited to the Product(s) unavailable (or become unavailable). Termination of the entire Multiple Order will be possible only in the case of clear and proven ancillary nature of the Multiple Order Product(s) that have become unavailable to the other available Multiple Order Product(s). The partial amount due with respect to the Product(s) that have become unavailable shall be refunded in accordance with the time and manner set forth in the preceding paragraph.
8.6. It is, in any case, without prejudice to the right to compensation for damages under Article 61 of the Consumer Code, which provides that in the event of non-delivery within 30 days of the conclusion of the contract, the Consumer shall grant an additional period of time to the Seller, after which the contract will be terminated and the consumer will be entitled to reimbursement and compensation for damages actually proved.
8.7. In the event that the purchase contract having as its object the Product(s) is terminated as a result of the unavailability of the good(s), limited to such Product(s) a refund shall be made, within the terms set forth in Section 8.8 below, of the amount due in respect of such Product(s), if any, including delivery charges, and any other additional charges due specifically in respect of such Product(s), if any.
8.8. In the event that the Buyer does not confirm the order and the payment of the total amount due, including any additional costs, has already taken place, the Seller will make a refund of the amount received without undue delay and, in any case, within the term of 14 (fourteen) working days after the order was sent. The amount of the refund will be communicated to the User by e-mail.
9.1. The Seller assumes no liability for inefficiency attributable to force majeure if it fails to execute the order within the time stipulated in the contract.
9.2. The Seller shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control.
9.3. The Seller shall also not be liable in respect of damages, losses and costs incurred by the Buyer as a result of the non-performance of the contract due to causes not attributable to the Seller, without prejudice, however, to the Buyer’s right to a full refund of the price paid and any ancillary charges incurred.
9.4. The Seller assumes no liability in the event of any fraudulent and illicit use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the Products purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with ordinary diligence, in full compliance with the regulations in force at the time of purchase.
9.5. In no case shall Buyer be held liable for delay or mishandling of payment if he proves that he has made payment in the time and manner specified by Seller, except in the case of non-delivery or delayed delivery due to causes attributable to him or otherwise independent of Seller’s responsibility.
10.1. It shall be guaranteed by the Seller that each Textile Product shall bear an indication, by means of an appropriate label or marking, of the name and percentage by weight, in descending order, of all the fibers of which it is composed. The special provisions of Annex IV of Regulation (EU) 1007/2011 shall apply and the exceptions and tolerances set forth in Articles 17 and 20 of that Regulation shall be permitted.
10.2. Seller warrants that the information found on its Site with respect to the Textile Product purchasable online is of at least the same standard as that provided with the label or marking physically affixed to the same.
10.3. Violation of the provisions of Regulation (EU) 1007/2011 shall be subject to the sanction discipline set forth in Leg. 190/2017.
11.1. The Legal Guarantee of Conformity provided for in Articles 128-135 of the Consumer Code (the so-called “Legal Guarantee”), is reserved for Buyers who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisan or professional activity carried out. Purchasers who have purchased on the Site and who do not have the status of “Consumer” will still be subject to the warranty for defects in the thing sold, the warranty for defects in promised and essential qualities and the other warranties provided by the Civil Code with the relative terms, forfeitures and limitations.
11.2.1. A conformity defect occurs when the purchased textile or assimilated Product:
11.2.2. For the purposes of the aforementioned Legal Warranty, obvious or visible defects are those which can be detected by sight on the Product at the time of delivery and which are detrimental to the finished garment.
11.2.3. Hidden, or non-visible, defects are considered to be those that can be detected, in deviation from the provisions of the “Product Sheet” and the characteristics of the “standard piece”, only with scientific equipment, or, those that appear during, or after processing, packaging or general processing operations, allowed by the “Product Sheet”.
11.2.4. The intrinsic characteristics of the Product specified in the “Product Sheet” cannot be considered to be the subject of a defect claim.
11.2.5. With regard to tolerance on the defectiveness of the Products, the specific provisions of the “Product Sheet” shall prevail.
11.2.6. Tolerances are not to be considered allowances, so on tolerable defects, the Buyer is still entitled to receive refunds or possible price reductions.
11.2.7. The preceding paragraph shall not apply to Products characterized by special research and innovation, provided that such characteristics have been previously and manifestly declared by the Seller in the “Product Sheet.”
11.3.1. Seller shall be liable to Buyer for any lack of conformity existing at the time of delivery of the Product that becomes apparent within two years of such delivery, for Products properly stored and used in accordance with Seller’s directions also available on the product sheets.
11.3.2. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within 2 (two) months from the date on which it was discovered.
11.3.3. Reporting is not necessary if the Seller has acknowledged the existence of the defect or concealed it.
11.3.4. Unless proven otherwise, it shall be presumed that conformity defects arising within 6 (six) months after delivery of the Product already existed on that date, unless such assumption is inconsistent with the nature of the good or the nature of the conformity defect.
11.3.5. Therefore, to be eligible for the Legal Warranty, the Buyer must first provide proof of purchase and delivery of the Product.
11.4.1. In the event of a lack of conformity duly reported within the terms, the Buyer shall be entitled, as a primary matter, to repair or replacement of the goods free of charge, unless the remedy sought is objectively impossible or excessively burdensome compared to the other.
11.4.2. The request must be made in writing, either by registered letter with return receipt or by certified e-mail, to the Seller, who shall indicate his willingness to carry out the request, or the reasons preventing him from doing so, within 7 (seven) working days of receipt. In the same communication, where the Seller has accepted the Buyer’s request, it shall indicate the method of shipment or return of the good as well as the expected time limit for the return or replacement of the defective good.
11.4.3. On a secondary basis, if repair and replacement are impossible or excessively burdensome (pursuant to Article 130, paragraph 4, of the Consumer Code), or the Seller has failed to repair or replace the goods within the period referred to in the preceding paragraph, the Buyer may request a price reduction or termination of the contract. The Buyer may also request a reduction in price or termination of the contract if the replacement or repair previously made has caused significant inconvenience to the Buyer.
11.4.4. Where the Seller has accepted the Buyer’s request, the Seller shall indicate the proposed price reduction or the manner in which the defective goods will be returned. It shall be the Buyer’s responsibility to indicate the manner in which the sums previously paid to the Seller shall be credited back.
11.4.5. The remedy sought is unduly burdensome if it imposes unreasonable expenses on the Seller in comparison with the alternative remedies that can be pursued, taking into account: the value that the goods would have if there were no lack of conformity; the extent of the lack of conformity; and whether the alternative remedy can be pursued without significant inconvenience to the Buyer.
11.5.1. In the event that a Textile Product purchased on the Site, during the period of validity of the Legal Warranty, manifests what may be a conformity defect, the Buyer may contact Customer Service at the contact details given in paragraph 17 below.
11.5.2. The Seller will promptly acknowledge the notice of the alleged conformity defect and indicate to the Buyer the specific procedure to be followed.
12.1. The Buyer agrees to pay the price of the Product(s) purchased in the time and manner specified in the contract.
12.2. The Buyer agrees, upon completion of the online purchase process, to print and retain this contract where he/she has received a copy.
12.3. The information contained in this document is understood to have been viewed and accepted by the Buyer, who acknowledges that this step is made mandatory for registration on the Site.
13.1. The Buyer who holds the status of Consumer has the right to withdraw from the Product purchase contract without having to provide any reasons and without having to incur any costs other than those provided for in paragraph 15 below, within the term of 14 (fourteen) calendar days (so-called “Withdrawal Period”).
13.2. The “Withdrawal Period” expires 14 (fourteen) days later:
13.3. To exercise the right of withdrawal, the Buyer must inform the Seller before the expiration of the “Withdrawal Period” of its decision to withdraw. To this end, the Buyer may:
13.4. The Buyer has exercised his or her right of withdrawal within the “Withdrawal Period” if the notice regarding the exercise of the right of withdrawal is sent before the expiration of the “Withdrawal Period.” In the event that the Buyer makes use of the “Withdrawal Statement,” the Buyer is advised to indicate the order number, the Product(s) for which he/she intends to exercise the right of withdrawal, and his/her address. Since the burden of proof concerning the exercise of the right of withdrawal prior to the expiration of the withdrawal period is on the Buyer, it is in the Buyer’s interest to avail himself of a durable medium when communicating his withdrawal to the Seller.
13.5. The “Type of Withdrawal Form” or “Declaration of Withdrawal” must be sent to the Seller by registered mail with return receipt to the Seller’s address indicated in these general conditions and on the Site or by pec to mainstreet@pec.uiservizi.it.
13.6. For the purposes of exercising the right of withdrawal, the sending of the notice may validly be replaced by the return of the purchased goods (see point 15 below), provided that the same terms. The date of delivery to the post office or forwarding agent will be authentic between the parties.
13.7. Upon receipt of the notice by which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations.
14.1. The Right of Withdrawal is excluded in the cases referred to in Article 59 of the Consumer Code and especially in those related to:
14.2. In the event that, one of the assumptions of the law occurring, the right of withdrawal does not apply, specific and express notice of this exclusion will be given to the Buyer.
15.1. The Buyer who intends to exercise its right of withdrawal must also arrange to return the Product to the Seller, using a carrier of its choice and at its own expense, without undue delay and in any event within the period of 14 (fourteen) calendar days from the date on which it notified the Seller of its decision to withdraw. The deadline is met if the Buyer returns the Product before the expiration of the 14 (fourteen) day period. The Product, properly packaged, must be shipped to the following address: Main Street S.r.l. Via M. M. Panconi, nn. 15/17 – 59100 PRATO (PO). The direct costs of returning the Product(s) to the Seller shall be borne by the Buyer.
15.2. In the case of Products that by their nature cannot normally be returned by mail, any “Model Instructions on Withdrawal” will indicate the cost of returning such Products via a specific carrier, together with an indication of such carrier. The “Model Instructions on Withdrawal,” containing information on the exercise of the right of withdrawal, shall be made available to the Buyer via the Site prior to the conclusion of the contract and set forth in the order confirmation. Return of the Product to the Seller shall be at the responsibility and expense of the Buyer.
15.3. The right of withdrawal shall be deemed to have been properly exercised if, in addition to complying with the terms and conditions set forth in Sections 13-14 of these Terms of Sale, the following conditions are also met:
15.4. If the Buyer withdraws from the contract, the Seller shall proceed to refund the total amount due paid by the Buyer for the product, excluding additional delivery costs if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Seller, without undue delay and in any event no later than 14 (fourteen) calendar days from the day on which the Seller was informed of the Buyer’s decision to withdraw from the contract.
15.5. Refunds will be made using the same means of payment used by Buyer for the initial transaction, unless Buyer has expressly agreed otherwise. In any case, Buyer will not incur any additional costs.
15.6. The Seller may reserve the right to withhold the refund until it has received the goods or until the Buyer has demonstrated that it has returned the goods, whichever situation occurs first.
15.7. The Buyer shall be liable for any diminution in the value of the Product resulting from its handling other than that necessary to establish its nature, characteristics and operation. However, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, complete with all accessories and instruction sheets, with the labels still attached to the Product, as well as perfectly fit for its intended use.
16.1. The obligations referred to in item 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes by the means referred to in item 5.1, and also the exact fulfillment of the obligations assumed by the Seller especially under item 10 of this contract, have an essential character, so that by express agreement, the non-fulfillment of only one of said obligations, where not determined by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to art. 1456 c.c, without the need for judicial pronouncement.
16.2. In the event that the Buyer does not pay the total amount due, the Seller will send him an email in which it will invite him to pay the total amount due within 10 (ten) days, with a warning that, if this period elapses unnecessarily, the contract will be considered terminated by right. The Seller reserves the right to block the purchase functions from the Site by defaulting users, giving notice in the manner indicated above.
17.1. Written communications (e.g. requests for information) directed to the Seller, requests for assistance and any complaints will be considered valid only where sent to the following address: Main Street S.r.l., Via M. M. Panconi, nn. 15/17 – 59100 PRATO (PO); or sent by fax to 0574 1662726; or sent by e-mail to info@dhgshop.it; or by telephone (Customer Care) to 0574 1662721, during the following days and hours: Monday to Friday from 9 a.m. to 1 p.m. and from 2 p.m. to 6 p.m.
17.2. The Buyer shall indicate on the registration form his or her residence or domicile, telephone number or e-mail address to which he or she wishes communications from the Seller to be sent.
18.1. Pursuant to Article 12 of Legislative Decree 70/2003, the Seller informs the Buyer that every order sent is stored in digital/paper form on the server/at the Seller’s own premises, according to criteria of confidentiality and security.
19.1. This contract concluded through the Site is governed by Italian law.
19.2. For anything not expressly provided herein, the rules of law applicable to the relationships and cases provided for in this contract, and especially Article 5 of the 1980 Rome Convention, shall apply.
19.3. It is without prejudice to the application to the Consumer Buyer who does not have his habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which he has his habitual residence, in particular in relation to the deadline for refunds and expenses, the deadline for exercising the right of withdrawal and the procedures and formalities for communicating the same, the deadline for the return of the Products, the conformity guarantees and the methods of assistance.
19.4. The Buyer who resides in a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007 (the text of the Regulation can be found at www.eur-lex.europa.eu), provided that the value of the dispute does not exceed, excluding interest, fees and expenses, € 2,000.00 (euro two thousand/00).
20.1. All disputes arising from this contract will be referred to a conciliation attempt at the Mediation Body of the Chamber of Commerce of Prato and resolved according to the Conciliation Rules adopted by it. The venue for mediation will be in Prato at the headquarters of the Chamber of Commerce.
20.2. If the mediation process does not result in the conciliation of disputes, they will be resolved by arbitration governed by the Arbitration Rules of the Prato Chamber of Commerce, an Arbitration Institution promoted by the Prato (PO) Chamber of Commerce. Venue for the arbitration will be Prato. The arbitrator will be appointed by mutual agreement between the parties or, in the absence of agreement, according to the provisions of the Regulations referred to above. The sole arbitrator will decide in a ritual manner, according to law, in compliance with the Rules of the Arbitration Chamber of Prato, which the parties contextually declare they know and accept, and with the mandatory rules of the Code of Civil Procedure.
20.3. Where the Buyer is a Consumer and where the legal requirements are met, recourse may also be had to the alternative dispute resolution bodies referred to in Articles 141-ter and 141-decies of the Consumer Code.
20.4. Pursuant to Regulation (EU) 524/2013, for the resolution of disputes concerning the online purchase of products and services, specifically dedicated to disputes between Consumers and professionals, the so-called ODR (Online Dispute Resolution) procedure is available, which can be initiated by submitting a special complaint through the following link: https: //ec.europa.eu/consumers/odr/.
20.5. If the Parties intend to bring an action before the ordinary Judicial Authority, the competent Court shall be that of the place of residence or elective domicile of the Purchaser. This Court is mandatory under Article 33, paragraph 2, letter u) of the Consumer Code, in case the Buyer is a Consumer.
21.1. All content, in any format, published on the Site, including web pages, graphics, colors, patterns, tools, fonts and website design, diagrams, layout, methods, processes, functions and software that are part of the Site, are protected by copyright and any other intellectual property rights belonging to the Seller and any other rights holders. Reproduction, in whole or in part, in any form, of the Site and its contents is prohibited without the express written consent of the Seller. Seller shall have the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any manner or form, in whole or in part, of the Site and its contents.
21.2. With respect to the use of the Site, Buyer is only authorized to:
21.3. The Seller guarantees the authenticity of all Products offered for sale on the Site.
21.4. The Seller’s trademark, as well as all figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos found on the Seller’s Products, their accessories and/or packaging, whether registered or not, are and remain the exclusive property of the Seller. Reproduction in whole or in part, modification or use of said trademarks, illustrations, images and logos, for whatever reason and in whatever medium, without the prior express agreement of Seller is strictly prohibited. This clause does not apply to the private use of Products purchased through the Site. Any combination between the aforesaid trademarks and other trademarks, symbols, logos and more generally any distinctive sign suitable for making a composite logo is also prohibited.
22.1. These General Terms and Conditions of Sale shall be amended from time to time by the Seller, including in consideration of any regulatory changes. The new General Terms and Conditions of Sale shall be effective as of the date they are posted on the Site.
The customer is requested, upon registration, to read carefully the General Terms and Conditions of Sale as identified above and the information contained therein and to print them out or save them on another durable medium accessible to him.
It is hereby declared to have taken exact notice of the above clauses and conditions, and in particular of the conditions set forth in points 6 (Time and manner of delivery), 9 (Seller’s responsibilities), 12 (Buyer’s obligations), 15 (Return of the Product and time and manner of refund), 16 (Causes of termination), 20 (Settlement of disputes), the clauses of which – reread and specifically approved – are accepted by the Buyer himself for all consequential purposes, and in particular pursuant to and in accordance with articles 1341 and 1342 Civil Code.
The Seller shall make available and keep up-to-date the data required by law, making them contextually or easily accessible, in a direct, unified and permanent manner. The Buyer shall be able to print the general terms and conditions.
The Buyer is allowed direct and permanent access to the general terms and conditions without the need to undertake the order procedure.
The Buyer completes the mandatory fields of the order form. Before sending the order, all data required by law are summarized in a unified form.
The Seller shall confirm to the Buyer the receipt of the order, by e-mail or other means proposed by the Seller and accepted by the Buyer. The confirmation contains the following information:
When there is a right of withdrawal, the Seller indicates how and when to exercise the right and urges you to carefully read the “Model Instructions” on withdrawal.
Delivery of tangible goods takes place off-line, according to the mode chosen by the Buyer from among those offered by the Seller. Delivery of intangible goods (or services) takes place mainly online or through the network. Delivery is made to the Buyer’s address or, where applicable, to the different address indicated by the Buyer.
The Buyer, where applicable, can check, online, the status of their order and/or shipment.
The Seller specifies what means and methods of payment are accepted and whether it is a payment in advance of product delivery. In the case of online payment by credit cards, the credit cards accepted are indicated. In the case of payment by bank transfer, the bank details are indicated. In the case of payment by postal account, the Buyer may be requested to send/transmit the payment receipt. In the case of payment by cash on delivery, the Buyer is responsible for the costs of the transaction.
The Seller shall inform the Buyer of the security procedures adopted for transactions on the network and the use of security systems in the online environment by other parties connected to it. The Seller shall highlight, with appropriate symbology, the security of the connection.
The Seller shall specify in advance any limitations of service. The Seller shall make available to the Buyer a direct contact (telephone/fax number/email address) to which complaints or service requests may be directed.
The Seller collects the Buyer’s personal data and indicates the rules it follows in processing them.
Websites adhering to codes of conduct display the logo or distinctive sign attesting to their adherence. Websites for which a certification has been obtained display its distinctive sign. The Buyer is placed in a position to find information about both the code of conduct and the certification.
Account: Account, subscription to access certain services offered by a provider.
Banner: Advertising element used on the Web, equivalent of a traditional poster.
E-mail: Electronic mail: messages, text and pictures sent over a computer network.
E-commerce (electronic commerce): The defining aspect is referred to the law and, in particular, to Directive 2000/31/EC and Legislative Decree 70/2003, from which it can be inferred that a contract for the supply of goods and services online is a distance contract, having as its object movable goods and/or services, entered into within the framework of a distance selling system organized by the Seller who, for such a contract, exclusively employs one or more distance communication techniques up to and including the conclusion of the contract.
FAQ: An acronym for the English expression “Frequently Asked Questions.”
File: Collection of information stored on a magnetic or optical disk and identified by a name. Constitutes the fundamental unit of data storage in computers connected to the Internet.
Home Page: Entry screen to a site.
Internet: Agglomeration of interconnected telematic networks. In turn, telematic networks connect multiple computers together through telephone cables, fiber optics, radio links, satellites, etc.
Link: A hyperlink that allows different Internet pages to be linked together.
Off-line (offline): Indicates the network intransmissibility status of the data.
On-line: Indicates the network transmissibility status of the data.
Password: Keyword that constitutes confidential information of the User, required to allow access in order to ensure confidentiality and security.
Network: See Internet.
ODR: Online Dispute Resolution.
Web site: The set of several web pages, accessed through an address.
Spam (Spamming): Internet dissemination of messages, usually advertising, unsolicited, to mailboxes or in forums.
Username: Name that identifies a User.
Web (World Wide Web – world spider web): A system that provides access to documents of various types on the Internet, including moving from one to another via links. The term also denotes the set of resources accessible through such a system.