LEGAL AFFAIRS AREA
CONDITIONS OF USE
Access to and the use of “diadora.com” are activities regulated by these General Conditions of Use. Access to said site and its use, just as the purchase of the products set forth in the latter, assume that these General Conditions of Use have been read, understood and accepted.
This web site is managed and maintained by Diana E-Commerce Corporation S.r.l., whose registered offices are located in Torreglia (PD), via San Daniele 137/139 35038, Economic and Administrative Registration No. PD442830, Tax Code and VAT Registration No. 05097740285.
AMENDMENTS TO THE CONDITIONS OF USE
The Manager shall be entitled to amend or simply update, either totally or partially, these General Conditions of Use. Any amendments and updates made to these General Conditions of Use shall be sent to the Home page users, just as soon as they have been adopted, and shall be binding from the moment in which they are published in this section of the web site. Access and use of the site assume the user’s acceptance of these Conditions of Use.
LIABILITY INCURRED BY USING THE SITE
Access to and the use of “diadora.com”, including viewing the web pages, communications with the Manager, the possibility of downloading products and purchasing the same on the web site, constitute activities conducted by the user solely for personal use and unrelated to any commercial, entrepreneurial and professional activities. The user is personally liable for using “diadora.com” and its relative contents. The Manager, in fact, cannot be held liable for any use that is not in compliance with the provisions of the law in force, the web site and the contents brought by each of its users, except for liability incurred by wilful misconduct and gross negligence. In particular, the user shall be held solely liable for communicating information and data that is either incorrect, false or relative to third parties, without the latter having expressed their authorisation, as well as in consideration of the incorrect use of the same.
All material downloaded or obtained otherwise, by means of using the service is at the user’s own risk, therefore, liability for any damages incurred by computer systems, or the loss of data as the result of downloading operations undertaken shall fall upon the user, and cannot be attributed to the Manager. Thus, the Manager shall decline any liability whatsoever for any damages derived through lack of access to the services present on the site, as well as any damages caused by viruses, damaged files, errors, omissions, interruptions to the service, cancellation of contents, problems connected with the network, providers or telephone and/or telematic connections, unauthorised access, altered data, lack of and/or faulty operating capacity of the user’s own electronic equipment.
The user shall be held liable for the safekeeping and correct use of his, own personal information, including the credentials granting access to reserved services, as well as any detrimental consequences or prejudice that might be derived by the Manager, or rather, any third parties further to the incorrect use, loss or theft of said information.
INTELLECTUAL PROPERTY RIGHTS
“diadora.com” and its contents, such as, by way of an example, but not limited to the same, the works, images, photographs, dialogues, music, sound and video, documents, product designs, drawings, illustrations, logos and any other material, in any other form, published by “diadora.com”, including the menus, web pages, graphics, colours, outlines, instruments, characters, and the web site design, diagrams, layouts, methods, processes, functions and software that belongs to “diadora.com”, are protected by copyright, the Manager’s intellectual property rights, and others holding rights. Reproduction of “diadora.com” and its contents, either totally or partially, in any way whatsoever, is strictly forbidden, unless the Manager has explicitly provided his authorisation to do so in writing. The Manager is exclusively entitled to authorise or forbid reproduction of “diadora.com” and its contents, either directly or indirectly, temporarily or permanently, in any way whatsoever, either totally or partially.
With reference to using “diadora.com”, the user shall only be authorised to view the web site and its contents, and to exclusively perform any, temporary reproduction activities, without any economic significance, which may be considered to be transitory or accessory, an integral and essential part of viewing “diadora.com” and its contents, and all the other web site navigation operations that are performed solely for lawful use of the aforementioned sites and their contents.
The user shall not, however, be authorised to reproduce “diadora.com” and its contents, using any kind of medium whatsoever, either totally or partially. Any reproduction must be, from time to time, authorised by the Manager or, if required, by the authors of individual works contained on the web site. Said reproduction operations must be performed for lawful purposes and in compliance with copyright and the Manager’s other intellectual property rights, as well as those of the authors of individual works contained on the web site. The former, authors of individual works published on “diadora.com”, shall have, at any time whatsoever, the entitlement to claim authorship of their own works and oppose any deformation, mutilation or other amendments made to the works, in case of point, which prejudice their honour or reputation.
The user shall undertake to comply with the copyright restrictions of any party who publishes his works on “diadora.com” or who, in any way whatsoever, collaborates with “diadora.com” in the creation of any expressive or artistic form that is destined to be published, even on a non-exclusive basis, on the web site, or that forms an integral part of the same.
Furthermore, the user shall not, in any case whatsoever, be authorised to use, in any way or form at all, the contents of the web site and each, single work protected by copyright, as well as any, other intellectual property rights.
TRADEMARKS AND DOMINION NAMES
The name and dominion name, “diadora.com”, just as all the other distinctive symbols that distinguish the product publicised and sold on “diadora.com”, and present on the web site, are intellectual property rights that belong to their respective owners and are used on “diadora.com” to distinguish, describe and publicise the products on sale.
The Manager and all the other trademark holders shall be entitled to the exclusive use of their own, respective trademarks. Any use of said trademarks, which is not in compliance with the law, and has not, in any case, been authorised, is strictly forbidden, and shall be pursued in compliance with the law in force. The aforementioned trade-marks cannot be inserted into new dominion names, nor can said trade-marks and any, other distinctive symbol present on “diadora.com” be used to take undue advantage of the latter’s distinctive character and reputation, or even to cause prejudice to the trade-marks and their holders
LINKS TO OTHER WEB SITES
Anybody who might be interested in activating links to the Home page and “diadora.com”’s other web pages, which can be accessed publicly, is invited to contact the Manager on the following e-mail address: Clientcare@diadora.com, in order to apply for authorisation for the hyperlinks.
Activation of the links is granted by the Manager in favour of the applicant, free-of-charge and on a non-exclusive basis, further to checking the applicant’s requisites.
The Manager shall be entitled to oppose activation of the links towards its own web site in the case in which the applicant, who wishes to activate links to “diadora.com”, has undertaken, in the past, unfair competition or any practices that are not in compliance with the ones adopted by the sector or undertaken unfair competition operations against the Manager, or if the Manager fears that this conduct might be adopted in the future or even when the applicant has adopted, in the past, or may do undertake options aimed at discrediting the Manager, on his web site or through his own services. Deep frames or deep links to “diadora.com”are strictly forbidden, or rather, the unauthorised use of meta-tags, without the Manager’s consent.
WARNINGS CONCERNING THE CONTENTS
The Manager has done everything possible to avoid contents describing or representing scenes or situations of physical or psychological violence or such that might, according to the sensitivity of “diadora.com” users, might be retained as being offensive to civil convictions, human rights and personal dignity, in all its ways and expressions, being published on the web site
In any case, the Manager is unable to guarantee that the contents of the web site shall be appropriate or lawful in other countries, other than Italy. However, if said contents might be considered as being unlawful or illegal in these countries, any access by the user to “diadora.com” is not recommended, and if the user decides to go ahead, in any case, any use he makes of the services supplied shall be at his own and under his own, personal liability.
The Manager has, moreover, adopted all the most effective precautions in order to ensure its users that the contents of “diadora.com” are reliable and does not contain any incorrect or non-updated information, with reference to the date on which it was published, on the web site and, where possible, even thereafter.
However, the Manager shall not undertake any liability towards its users concerning the accuracy and comprehensiveness of the contents published on “diadora.com”, except with reference to his own liability for wilful misconduct and gross negligence, and what has been envisaged otherwise by the law in force. The Manager, furthermore, shall be unable to guarantee the users that the web site operates continuously, without any interruptions, errors or malfunctioning due to the Internet connection.
If you have any problems using the web site, please contact Client Care at the following e-mail address: email@example.com. A supervisor shall be available to provide assistance and restore access to the web site, if this is possible. In the same way, we recommend you contact your Internet services provider, or check all the connections to Internet, and access to the web contents have been activated correctly, including the Internet browser.
Although, the Manager shall do his very best to ensure continuous access to the web site, the dynamic nature of Internet and its contents, might not allow “diadora.com” to operate without any suspensions, interruptions or lack of continuity, due to the necessity of carrying out any updates to the web site.
The Manager has adopted appropriate technical and organisational measures to safeguard the security of its services on “diadora.com”, the integrity of the data relative to traffic and electronic communications in relation to the methods of use or unauthorised access, as well as to avoid risks concerning the leakage, destruction or loss of data and confidential and non-confidential information data, in relation to its users, present on “diadora.com” sites, or rather, unauthorised access or access to the aforementioned data and information that is not in compliance with the law in force.
APPLICABLE LAW AND DISPUTE SETTLEMENT
These General Conditions of Use shall be regulated by Italian Law. In the case of any disputes arising out of these General Conditions of Use between the Manager and each of his end users, the Manager hereby warrants, from now on, to fully abide by and accept the RisolviOnline settlement service.
RisolviOnline is an independent and institutional service provided by the Chamber of Commerce in Milan’s Arbitration Board, which permits a satisfactory agreement to be reached by means of the amicable and secure assistance of a neutral and competent arbitrator on Internet. For more information concerning Risolvionline.com regulations, or to forward a settlement application, please access RisolviOnline.com
CONDITIONS OF SALE
The offer and sale of the products present on the “diadora.com” web site are regulated by the following General Conditions of Sale.
The products purchased on “diadora.com” are sold directly by Diana E-Commerce Corporation S.r.l., with its registered offices located in Torreglia (PD), via San Daniele 137/139 35038, Economic and Administrative Registration No. PD442830, Tax Code and VAT Registration No. 05097740285.
APPLICABILITY OF THESE CONDITIONS OF SALE
These General Conditions of Sale exclusively regulate the offer, sending and acceptance of the purchase orders for products on “diadora.com”, between the users of the aforementioned site and the Seller.
The General Conditions of Sale do not regulate the supply of services or the sale of products by individuals other than the Seller, who are present on “diadora.com”, by means of links, banners or other hyperlinks. The user must check the conditions of sale prior to sending orders to purchase products and services from individuals other than the Seller. Diana shall not be held liable for the supply of services by third parties, other than the Seller or the execution of electronic commerce operations between “diadora.com” users and third parties.
The Seller, by means of the “diadora.com” site offers products for sale and performs electronic commerce activities exclusively in favour of its own, end users, who are "Clients", or rather, any natural person who acts towards an end that does not refer to any commercial, entrepreneurial or professional activities eventually conducted by the latter.
The Seller, therefore, reserves the right not to process orders from individuals other than the "Client" or, in any case, any orders that are not in compliance with its commercial policy.
EXECUTION OF AN AGREEMENT BETWEEN THE CLIENT AND SELLER
No purchase request can be accepted from countries that have not been included among those indicated.
A Client who wishes to make a purchase order for one or more products on “diadora.com”, must complete the order form on line and send it to the Seller electronically, complying with the relative instructions, in such a way as to execute the purchase agreement.
Reference to these General Conditions of Sale and Information on the Client’s Withdrawal Entitlement has been set forth in the order form, as well as a summary concerning each ordered product’s essential characteristics and the relative price (inclusive of all the taxes or duties applied), the methods of payment accepted, as well as the delivery methods for the products purchased, the shipment and delivery costs, the the conditions to assert with Withdrawal Entitlement and the methods and times required to return the products purchased.
Before going ahead with purchasing the products, by means of sending the order form, the Client shall undertake to carefully read the General Conditions of Sale and Information on the Client’s Withdrawal Entitlement, he may also print, memorise or reproduce a copy for his, own use.
Before going ahead with sending the order form, the Client shall be entitled to identify and correct any errors he might have made in entering his personal information.
The prices of the products may be subject to variation. The Client shall undertake to check the final, sales price prior to sending the relative order form.
The agreement shall be considered to have been executed when the Seller receives the order form electronically, further to checking that all the data set forth in the relative order is correct.
Once the agreement has been executed, the Seller shall take charge of the purchase order.
The order form shall be archived in the Seller’s data bank for the period required to process the orders and, in any case, in compliance with the terms of the law in force. The Client shall be entitled to view the orders made, by accessing his, own profile and by consulting the specific section.
The Seller shall be entitled not to process any purchase orders that are incomplete or incorrect, which do not grant sufficient guarantees concerning the client’s solvency or if the products are unavailable. In these cases, the Seller shall undertake to inform the Client by e-mail that the agreement has not been executed and the Seller has not processed the order, providing the reasons for the same.
If the products present on “diadora.com” are no longer available for sale when the last access was made to the site, or rather, when the order form was sent, the Seller shall undertake to promptly inform the Client, and, in any case, within fourteen days from the day after the order was sent to the Seller, about the lack of the products ordered. If the order form has been sent and the price paid, the Seller shall undertake to reimburse the relative monies, without being obliged to provide for any, further compensation.
Once the agreement has been executed, the Seller shall undertake to send the Client, by e-mail, a purchase order receipt, which sets forth all the information already contained in the order form (reference to the General Conditions of Sale and Information on the Withdrawal Entitlement, the information relative to the product’s essential characteristics and a detailed indication of the price, methods of payment, Withdrawal Entitlement and the delivery costs).
THE CHARACTERISTICS OF THE GOODS ON SALE
Original products covered by the Diadora trademark, and acquired directly by the Seller from Diadora S.p.A. and/or producers eventually authorised by the latter are exclusively offered for sale on “diadora.com”
The essential characteristics of the products present on “diadora.com” have been set forth within each, product file. The images and colours of the products on sale could, however, not correspond to the real ones, due to the effect produced by Internet and the monitor used.
All the products come with an identity card attached with a single-use seal. In order to be able to assert the Withdrawal Entitlement, identity card and seal must not be removed.
The Seller, in the case in which a Withdrawal Entitlement is asserted, shall have the right not to accept return of any products that do not have their identity cards attached or which have had their essential and quality characteristics altered or which have been damaged
All the Vendor’s products come with a legal conformity warranty, as set out in Title III of Part IV of the Legislative Decree n. 206 of 6 September 2005 (the so-called Consumer Code). This warranty specifies that the Vendor is responsible for any lack of conformity in the products it sells if occurring within 2 (two) years of the products’ delivery date. In the absence of evidence to the contrary, it is assumed that any lack of conformity that manifests within six (6) months of the product’s delivery date already existed on said date, unless this hypothesis is incompatible with the nature of the goods or the nature of the lack of conformity. To use the conformity warranty, the consumer, under penalty of forfeiture, must notify the Vendor of any defect in the purchased product within two (2) months of it being detected. The consumer must, in any event, assert a lack of conformity, where not intentionally concealed by the Vendor, within 26 (twenty-six) months of the product being delivered. In the event of a lack of conformity being reported within the time limits set out, the consumer may request that the Vendor either repairs or replaces the goods, in both cases without incurring any costs, unless the solution requested is objectively impossible or too costly in respect to the alternative. The consumer may also request either an appropriate reduction of the price or that the contract be terminated; the latter in cases where repair or replacement are impossible or excessively costly; if the Vendor has not repaired or replaced the goods within a reasonable amount of time; or if the replacement or previous repairs have considerably inconvenienced the consumer. To use the conformity warranty, you must keep and provide the purchase documents for the product. For more information on the legal conformity warranty for consumers, as well as on how to take advantage of the solutions provided for by the legal warranty in relation to products purchased from the Vendor, the consumer may contact our Customer Service.
The methods of payment for the products and the relative shipment and delivery costs are set forth in the order form and shall constitute an integral part of these Conditions of Sale.
In the case in which a client opts to pay by credit card, the financial information (such as, for example, the credit/debit card number or its expiry date) shall be sent by encrypted protocol to GlobalCollect or other banks that supply the relative, remote, electronic payment services, without any third parties being able to access them at all. Furthermore, said information shall never be used by the Seller except to complete the relative purchase procedures for which they have been given and to issue any reimbursement, if the products are returned, further to the Client asserting his Withdrawal Entitlement, or rather, if it is necessary to prevent or report fraud having been committed against “diadora.com” to the Police. The product purchase price and the shipment costs, as set forth in the order form, shall be debited when the purchase is made.
PRODUCT SHIPMENT AND DELIVERY
Products ordered on “diadora.com” are sent by means of express courier.
The delivery times include only working days and do not envisage any deliveries on public holidays.
The site should automatically recognise the country that you are connecting from.
It is, however, possible to change the country that you wish to send the products to by means of clicking on the shipment link.
The order must be made directly from the country in which it shall be delivered. Orders submitted from a country other than the one it is to be shipped to or to an address not accepted by our courier (such as, for example, to P.O. Boxes and Hold Mail Services), shall be automatically cancelled.
The site is not authorised to send goods to Livigno, Campione d'Italia, S. Marino and Città del Vaticano.
The Client shall be entitled to withdraw from the agreement executed with the Seller, without incurring any penalties and without having to explain why, within fourteen (14) working days, running from the date on which the products purchased on the “diadora.com” were received.
The Client must act in compliance with what has been set forth in the specific returns section to withdraw from the agreement:
The costs incurred to return the products purchased shall be borne by the purchaser.
The Withdrawal Entitlement – besides complying with the terms and conditions set forth in the previous points – shall be understood as having been undertaken correctly only when the following conditions have been fully respected:
- the returns form must be correctly completed and sent to the Seller within fourteen working days from having received the products;
- the products must not have been used, worn, washed or damaged;
- the identify card must still be attached to the products with the single-use seal, which constitutes an integral part of the product;
- the products must be returned in their original packaging;
- the products returned must be delivered to the carrier within fourteen working days from the date on which the products were received.
If the Withdrawal Entitlement is asserted, in compliance with the terms and conditions indicated, the Seller shall reimburse any monies that may have been collected for the purchase of the products, according to the terms and conditions envisaged.
The monies shall be reimbursed in the shortest time possible; in any case, within thirty (30) days from the date on which the Seller received the goods care off his warehouse, and shall activate the reimbursement proceedings, once he has had the opportunity of checking that the Withdrawal Entitlement procedure has been correctly performed.
If the terms and conditions to qualify for the Withdrawal Entitlement have not been complied with, as set forth in this paragraph, the Client shall not be entitled to reimbursement of the monies already paid in favour of the Seller; however, he shall be entitled to re-obtain, at his own expense, the products in the state in which they were returned to the Seller. If not, the Seller shall be entitled to keep the products, as well as the monies already paid for their purchase.
RETURN TIMES AND CONDITIONS
After the products are returned, the Seller shall undertake to provide for the latter to be assessed to make sure that they are in compliance with the terms and conditions set forth in paragraph 6. If the procedure is concluded successfully, the Seller shall send the Client the relative product acceptance confirmation by e-mail.
Whatever payment method was adopted by the Client, reimbursement shall be undertaken by the Seller, as soon as possible and, in any case, within thirty (30) days from the date on which the Seller received the goods care off his, own warehouse, further to checking that the procedures relative to accepting the goods returned have been correctly performed.
If the individual who has received the products indicated in the order form and the individual who paid for them is not the same one, reimbursement of the price paid, in the case of the Withdrawal Entitlement being asserted, shall be made by the Seller in favour of the individual who paid for them.
The credit value date shall be the same as the one on which it was debited; consequently, there shall be no loss of profit in terms of bank interest.
The General Conditions of Use, furthermore, contain important indications concerning personal data processing and the security systems adopted.
APPLICABLE LAW AND DISPUTE SETTLEMENT
The General Conditions of Sale shall be regulated by Italian Law and, in particular, by the (Italian) Legislative Decree Law No. 206, dated 6th September 2005, concerning the consumer code, with specific reference to the legislation on remote agreements and by the (Italian) Legislative Decree Law No. 70, dated 9th April 2003, in relation to some aspects concerning e-commerce.
In the case of disputes arising between the Seller and each, final user, out of the provisions of the General Conditions of Sale, the Seller warrants, from this moment onwards, full compliance and acceptance of the conciliation services, RisolviOnline. RisolviOnline is an independent and institutional service provided by the Chamber of Commerce in Milan’s Arbitration Board, which permits a satisfactory agreement to be reached by means of the amicable and secure assistance of a neutral and competent arbitrator on Internet. For more information concerning Risolvionline.com regulations or to forward a settlement application, please access RisolviOnline.com.
AMENDMENT AND UPDATING
The General Conditions of Sale may be amended, even in consideration of any changes in legislation. The new General Conditions of Sale shall be effective from the date on which they are published on the site.
CLIENT CARE SERVICES
The Client shall be entitled to request any information he might require from our Client Care Services.
The Seller may also be contacted by e-mail at the following e-mail address: firstname.lastname@example.org