General Conditions of Sale - Second Hand
The offer and sale of products bearing the used “DIESEL” trademarks (the “Products”), owned by the company DIESEL S.p.A., with registered office in Italy, at via dell'Industria 4-6, Breganze 36042, Reg. with Companies House, Tax Code and VAT no. 00642650246, Share Capital, 22,500,000.00, fully paid-in (“Diesel” or the “Seller”), on the website diesel.com (the “Website”) in a specific section are governed by these general conditions of sale (the “General Conditions”). The remote selling of such Products through the Website is made directly by Diesel, according to the procedures indicated hereafter in these General Conditions, in compliance with national laws in force and with European Directive 2011/83 EU on consumer rights and subsequent amendments and integrations. Any user of the Website may request any information from the Customer Service staff by contacting the Seller's Customer Service directly through the contact details indicated in the “Customer Service” area of the Website. Each user, if having purchased Products on the Website, may also obtain information about orders and shipments, refunds and returns. Users can e-mail the Seller directly at the following address: onlinecustomerservice@diesel.com.
For any other legal information the user can consult the appropriate sections of the Website.
1. SALES PROCEDURE
1.1 The Seller offers the Products for sale on the Website and carries out its electronic commerce activity exclusively in relation to users who purchase the Products through the Website, who qualify as “consumers” under the current legal regulations and who meet the requirements set out in the following article (“Buyers” and, each of them individually, a “Buyer”). The term “consumer” refers only to natural persons who enter into a purchase contract for the satisfaction of everyday needs unrelated to any entrepreneurial or professional activity exercised, whereas the person who enters into a contract in the exercise of such activity or for a purpose related to it is considered a professional.
1.2 If the user, potential Buyer, does not come under the definition of “consumer” but, by contrast, can be qualified as a professional and therefore does not act as defined in Article 1.1 above, he is invited from now on to refrain from concluding commercial transactions on the Website.
1.3 In consideration of its commercial policy, the Seller reserves the right not to follow up on orders from persons not included in the definition of “consumer” and/or not in line with what is set out below.
1.4. These General Conditions exclusively regulate the offer, submission and acceptance of purchase orders concerning Products purchased on the Website by Buyers (the “Orders”) and therefore govern the relationship between each Buyer and the Seller.
1.5 The General Conditions do not regulate the supply of services or the sale of products by third parties other than the Seller who are given visibility on the Website through links, banners or other hypertext links. Buyers are advised, before placing orders and purchasing products and services of any type offered by such third parties, to carefully check the terms and conditions of sale of the latter, as the Seller hereby declares that it is not responsible for the supply of services and/or sale of products by such third parties and/or, in general, for the conclusion of e-commerce transactions between users of the Website and such third parties.
2. HOW TO STIPULATE THE CONTRACT WITH THE SELLER
2.1 Orders may only be placed by persons of legal age and who are not in a state of legal incapacity. In order to stipulate the contract with the Seller for the purchase of one or more Products on the Website (the “Contract”), the Buyer shall proceed to fill out the appropriate order form in electronic format, which will be displayed by the Buyer immediately prior to the conclusion of the Contract (the “Order Form”) and complete the electronic purchase procedure by following the instructions that will be indicated in the various stages of the guide to the conclusion of the Contract.
2.2 Before proceeding to purchase the Products, through the submission of the Order Form, the Buyer will be asked to carefully read the General Conditions and the clause relating to the Buyer's right of withdrawal. The Buyer will also be provided with a summary of the commercial and contractual conditions proposed by the Seller for the purchase of the Products, which will contain a reference to the General Conditions together with a summary of the information indicated below:
- essential characteristics of each Product;
- subject of the Orders;
- indication of the relevant price (including all applicable taxes and duties);
- means of payment that the Buyer may use to purchase the Products;
- method of Product delivery;
- methods of treatment and processing of complaints by the Seller;
- costs of shipping and delivery of the Products;
- references and geographical and e-mail address of the Seller;
- the date by which the Seller undertakes to deliver the Products.
The Seller will also provide the Buyer with a link to the conditions and procedures for exercising the right of withdrawal and the procedures and deadlines for returning the purchased Products (taken from the specific paper return form that will be provided by the Seller in the package in which the Products Ordered will be delivered). The Buyer will also be informed of the circumstances in which his right to cancel the Contract will lapse. The Buyer has in any case the legal warranty of Product conformity. In order to allow the Buyer to exercise the legal warranties, the contact details of the Seller's after-sales service will be provided, as well as the possibility of using the conciliation service, as per Art. 7.
2.3 The Order Form will provide summary information about the essential characteristics of each Product purchased, the relevant price (including all applicable taxes or duties) and shipping costs (including any additional costs that the Buyer is required to incur for having opted for a specific type of shipping and delivery different and/or more quickly than that defined by the Seller as “standard”). The Contract shall be considered finalised and therefore concluded upon completion of the procedure of the Buyer filling in and completing the Order Form and only on condition that the Seller has verified the correctness of all the data contained therein in relation to the legal requirements and the provisions contained in these General Conditions.
2.4 Once the Seller has received the Order Form, it will be stored in the Seller's database for the period of time necessary to process orders and in any case within the terms of the law. The Buyer may check the status of Orders by consulting the “My Order” section of the Website.
2.5 When proceeding to complete the order procedure, the Buyer will be informed that such completion implies the obligation to pay the indicated price.
2.6 The language in which the Order Form is drawn up and the Contract is stipulated is English.
2.7 The Seller reserves the right not to process Orders that are incomplete or incorrect and/or that come from Buyers who do not provide sufficient guarantees of solvency and/or in the event of unavailability of the Products Ordered. In these cases, the Seller will inform the Buyer, by e-mail, that the Contract cannot be considered concluded and that therefore the Seller cannot complete the Order, specifying the reasons. If the Products displayed on the Website are no longer available or on sale at the time of the Buyer’s last access to the Website or at the time the Order Form is sent, the Seller will provide prompt notification, and in any event within thirty (30) days of the day after that on which the Order was submitted, that the Products Ordered are no longer available. In these cases, the Seller shall refund the Buyer the amounts paid by the latter and the Contract shall be considered terminated. The Seller shall not be obliged to refund any other amount, for any reason whatsoever, to the Buyer.
2.8 By completing the order procedure, the Buyer unconditionally accepts and undertakes to observe, in all its relations with the Seller, the provisions of these General Conditions. Acceptance of the General Conditions is to be understood as unconditional, therefore the Buyer has no right to request the amendment of any term or provision contained in the General Conditions.
2.9 By submitting the Order Form, the Buyer declares knowledge and acceptance of the General Conditions and further information, of whatever nature, contained on the Website, even if they are referred to through links, merely by way of example but not limited to: the Conditions of Use, the Privacy Policy, the information on the right of withdrawal.
2.10 Upon conclusion of the Contract, the Seller will e-mail the Buyer a receipt of the Order with all the information already contained in the summary of the commercial and contractual conditions that the Buyer will have displayed before proceeding to the purchase of the Products.
3. DESCRIPTION OF PRODUCTS AND PRICES
3.1 In the Second Hand sections of the Website only used Original Diesel branded Products are offered for sale.
3.2 The Buyer hereby declares that it is aware that the aforementioned Products are used and that they may therefore present characteristics that are not comparable with a new product, such as irregularities, defects and/or wear and tear.
3.3 The essential characteristics of the Products are presented in the Second Hand sections of the Website within each “product sheet”.
The images and colours of the Products offered for sale on the Website may, however, not correspond to the real ones due to causes not attributable to the Seller and, in any case, due to the effect of the internet browser and/or viewing through the devices used by the Buyer. Diesel expressly refuses all and any liability in this respect.
3.4 Product prices may be subject to updates. It will be the Buyer's responsibility to check the final sale price of the Product he intends to purchase before filling in and submitting the relative Order Form.
3.5 Orders received on the Website can be shipped exclusively throughout United Kingdom.
3.6 In the event of the Buyer exercising his right of withdrawal, the Seller has the right not to accept the return of the Products or not to fully refund the sums paid by the Buyer for the purchase of those Products which, upon return, do not have the relative label, which must therefore be carefully kept by the Buyer, and/or have been altered in their essential and/or qualitative characteristics and/or have been damaged in any way.
4. PAYMENTS
4.1 To pay the price of the Products and the relevant shipping and delivery costs, the Buyer may choose any of the methods indicated in the Order Form. Under no circumstances will the Buyer be charged higher costs than those actually incurred by the Seller, in relation to the payment instrument chosen.
4.2 If payment is made by credit card, financial information (for example, credit/debit card number or expiry date) will be forwarded via encrypted protocol to third parties that provide remote electronic payment services, without any other subjects having any access to it whatsoever. This information will never be used by the Seller, except to complete the procedures relating to the correct dispatch of the Order and to issue refunds in the event of any returns of Products, following the exercise of the right of withdrawal by the Buyer, or if it is necessary to prevent or report to the police the commission of fraud on the Website. In any case, all personal data provided by the Buyer will be processed by the Seller, in compliance with the applicable legislation on the subject, as provided for in the “Privacy Policy” section of the Website.
4.3 The price for the purchase of the Products and the shipping costs, as indicated in the Order Form, will be charged to the Buyer’s current account at the time the Products purchased are dispatched.
5. SHIPPING AND DELIVERY OF PRODUCTS
5.1 The Buyer, at his discretion, may decide either to receive the Products he has purchased at an address of his choice or to collect the Products purchased at the single-brand “DIESEL” stores if such store is directly managed by Diesel (“Store”) and chosen among those indicated on the Website. If the Buyer opts for delivery to a Store, he will be notified of the arrival of the Products at the selected Store by e-mail. In this case, the Buyer must collect the Products from the chosen Store within and no later than 20 (twenty) working days from the sending of the aforementioned communication by the Seller. In the event of failure to collect the products Ordered within the aforementioned period of 20 (twenty) working days, the Contract will be considered, to all effects, automatically terminated. Consequently, it will no longer be possible to collect the Products, which will be returned to the Seller by the staff of the selected Store. As a result of the cancellation of the Contract, the Buyer will be reimbursed for the sums paid, according to the terms and conditions which will be indicated by Diesel once the return has been verified and accepted, by means of an e-mail communication. The refund will be paid within 30 working days at the latest, except in cases of force majeure. The time-frame for crediting the bank account varies depending on the payment method used and local banking procedures. When the Buyer goes to the Store to pick up the purchased Products, he will have to show the sales assistant a copy of the e-mail confirming the shipment of the Order, as well as an identity document valid on the date of said collection.
5.2 If the Buyer delegates another person to collect the Products from the Retail Store, that person shall submit, in addition to the e-mail confirming dispatch of the Order, also a photocopy of the document identifying the Buyer together with the proxy conferred by the latter and his own form of ID. Please note that payment cannot be made at the Store. Therefore, there is no cash on delivery option if the Buyer chooses delivery at the Store. If the Buyer chooses delivery to a Store, the delivery times and costs will be the same as those for deliveries to the address indicated by the Buyer. In order to know the specific methods of shipment and delivery of the Products at the address indicated by the Buyer or at the selected Store, the Buyer must access the “Customer Service” section of the Website. Please pay attention to what is reported in that section because the information contained therein is an integral and substantial part of these General Conditions and, therefore, shall be deemed to be fully known and accepted by the Buyer at the time of transmission of the Order Form.
6. CUSTOMER SERVICE
6.1 The Buyer may request any information through the support services activated by the Seller. For any further clarification, we recommend accessing the Customer Service area.
7. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
7.1 The General Conditions are governed by English law.
7.2 In the event of disputes between the Seller and the Buyer, arising from the General Terms and Conditions, the Seller guarantees full approval and acceptance of the conciliation service “RisolviOnline”. "RisolviOnline" is an independent and institutional service provided by the local Chamber of Arbitration of the competent Court, which allows one to reach a satisfactory agreement, with the help of a competent and neutral conciliator, in a peaceful and safe manner, via the Internet. For more information on the "RisolviOnline" rules or to submit a request for conciliation, access "RisolviOnline.com".
8. AMENDMENT AND UPDATE
The General Conditions are accepted by the Buyer in the version published at the time the purchase is made, also with reference to the warranties stated therein. The Seller reserves, in any case, the right to modify the General Conditions from time to time, also in consideration of possible regulatory changes; the updated version of the General Conditions shall become effective from the moment of its publication on the Website.
9. LEGAL WARRANTY
9.1 All products sold by Diesel are covered by the legal warranty for non-conformity in accordance with the legislation applicable to the sale of second-hand goods.
9.2 The Products listed in the Second Hand sections of the Website are used products. For this reason, any signs of wear and tear associated with the qualification as second-hand goods do not constitute a defect or deformity. Therefore, no warranty is provided for such signs of wear. The Buyer can check the description of the Product in the description sheet of the Product's wear and tear conditions (“Excellent”, “Very Good” and “Good”). Each level corresponds to a different state of wear, as specified in the product description.
9.3 Unless otherwise provided for by law, the Legal Warranty is valid for 1 (one) year from the date of delivery of the products and covers non-conformity of the Product at the time of purchase. If the non-conformity becomes apparent within the 6 (six) months, it is assumed - unless proven otherwise - that it already existed upon delivery, unless this assumption is incompatible with the nature of the goods or the nature of the non-conformity.
9.4 In order to benefit from the warranty the Buyer shall notify Diesel of any defect in the Product purchased by e-mailing the Customer Service at onlinecustomerservice@diesel.com or by calling the toll-free number 800125507 during the days and hours indicated on the Website. Any action seeking to claim non-conformity which has not been fraudulently concealed by Diesel will be prescribed, in any event, within 12 (twelve) months from delivery of the Product.
9.5 In the event of a lack of conformity, different from the provisions of point 9.2, the Buyer may activate the return procedure and have the price paid refunded.
9.6 In order to benefit from the conformity warranty, it is advisable to keep and show the purchase documents of the product. For further information on the legal warranty of conformity for consumers, as well as to benefit from the remedies provided by the legal warranty in relation to products purchased from Diesel, the Buyer may contact Customer Services at onlinecustomerservice@diesel.com or by calling the free-phone number 800125507 on the days and at the times indicated on the Website.
9.7 Upon receipt of the report, Diesel will verify the reported lack of conformity and arrange for the withdrawal of the defective product. The products must be returned to Diesel with all the accessories included in the packaging and properly packaged. Diesel will refund the Buyer within a period not exceeding 14 (fourteen) days of the return of the Products.
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