Present General Conditions of Sales to be applied between:
the Company DIVAS S.r.l. ( Italian Registred Office – R.E.A. 415438)
Legal Head Quarter: Via dei Pellicciai 1 – 40050 (BOLOGNA), Italia.
VAT NUMBER: 02118911201, Hereinafter «Divas S.r.l.»
all physical persons and legal entities defined under art. 18 of the Italian Consumer Code as "Consumer" who visit and who make a purchase on the website www.divasitalia.com hereinafter «User».
These terms identify the general conditions to be applied to all orders sent by the User to Divas S.r.l., via computer, and to all contracts present and future, always concluded electronically (via computer) for the purchasing of products on www.divasitalia.com
Particularly, the conditions apply all direct steps to the conclusion of the electronic contract and the events that can affect it and its conclusion.
Part of these conditions is also reserved to the regulation of the contents of the site www.divasitalia.com and rights, including intellectual property, of the same.
Access and utilize of this website, as well as the purchase of products on the same, are based on the assumption that these General Conditions of Sale have been fully read and understood.
The use of the website www.divasitalia.com implies by the User, the implicit and irrevocable acceptance of these General Sales Conditions.
This site is managed and maintained by Divas S.r.l. and all its possible collaborators.
The General Conditions may be subject to changes or additions during the time, that's clear that the conditions applied to the sale will be those in force at the time when it was forwarded the order by the User, on the site www.divasitalia.com.
Users declare to have full ability to conclude this contract.
To purchase one or more products on www.divasitalia.com site is necessary and compulsory previous creation of customer profile giving their consent to the processing of personal data.
Users shall be responsible for any misuse, bad use or unauthorized use of www.divasitalia.com site and its content. Therefore Divas S.r.l. will not be held responsible for any use of the site and its contents, put in place by the User in violation of these terms of laws or regulations or in any case that has not been previously authorized in writing by Divas S.r.l..
In addition, the User will be held responsible in case of communication of information or data that are incorrect, false or relating to third parties (in the event that the third parties have not given their willing to disclosure), as well as for any improper use of such data or information.
The products offered for sales by Divas S.r.l. are shown on the site www.divasitalia.com the day of website by the User.
Characteristics of the products offered for sale are described with the greatest possible degree of accuracy. However, if they were to experience errors or omissions in the presentation of the products, they cannot be charged to Divas S.r.l.. In fact, the images and texts illustrating the products have value only indicative and not contractual.
Prices are given in EUR / € and are VAT inclusive of the Private End User, but excluding VAT for the professional reseller. Delivery costs are always intended on Buyers charge, except in cases in which they are specifically charged to Divas S.r.l. , these exceptions have to be expressly authorized by Divas S.r.l. for every transactions.
The prices indicated included of the VAT applied on the day when the order is submitted. If the interest rate were to be modified, these changes could affect the price of the items without the User may plead anything.
Divas S.r.l. reserves the right to change its prices at any time. The products will be billed based on the rates in force on the site at the time when the order is recorded.
The total price resulting at the end of the purchase procedure must be understood as including VAT and shipping costs, but not any customs duties and additional sales taxes necessary for importing the goods into foreign territory. Any additional charges relating to customs clearance operations must be understood as being exclusively borne by the consignee of the shipment.
By placing an order the User declares:
- That I have read and accepted irrevocably the present general sales conditions, sending the order is worth thus acceptance of the general sales conditions, of the Policy on the processing of personal data and of the terms and conditions for withdrawal.
- Expressly and irrevocably to accept the prices and descriptions of products available for sale, as identified on the site www.divasitalia.com and having considered complete and exhaustive.
The order will not be permanently posted and registered by Divas S.r.l. until sending and validation of the payment order. Subsequently, the order is considered as irrevocable and can not be modified.
In the time of registration of order by the divasitalia.com site is expected to send an e-mail to the User. This email is a confirmation that the order has been taken over by Divas S.r.l.. In the period of promotion and / or balances, will execute the orders received during the promotion or operation of the balance, until stocks last ("Offer valid from ... to ... and while stocks last").
When it is confirmed , Divas S.r.l. will broadcast to the User, in writing or by e-mail (the contents of which must be stored on a durable medium), the confirming the purchase, the order in which the relevant information will be summarized (essential characteristics of products purchased, detailed information on price, terms of payment).
On the Site, products produced and customized specifically on customer request are offered for sale, the realization of which is subject to the payment of a deposit. The right of withdrawal from the Purchase Agreement for the aforementioned Personalized Products will not be allowed.
In the case of purchases subject to a deposit and not collected within 90 days from the availability of the goods, the order will be considered canceled and the amount paid will not be returned and will be retained as compensation for damages.
5) Payment Method
The payment methods accepted by Divas S.r.l. are: International Credit Cards (Visa, Mastercard) through Pay Pal or Bank Transfer (remittance)
Pay Pal (credit cards): in the event of purchasing goods with Pay Pal payment method, you are charged together with the completion of the online transaction. The User authorizes Divas S.r.l. to debit the account the amounts for products purchased on the site in the middle of its own to your credit card.
Bank Transfer(remittance): the method of payment by bank (advance), it provides that the order is processed only after the payment done by the User and the reception and the availability on Divas S.r.l. bank account. Data for remittance are displayed on the site, are disclosed in the order confirmation and in the e-mail order confirmation sent to the User. The purpose of the transfer must contain: the order number, name and surname of the User you made the order.
In case of cancellation by the User, will refund by bank transfer or, alternatively, redemption through Pay Pal. The contract (sales) means that Divas S.r.l. reserves the right to avoid the sales contract in the event that the crediting of the payment is not made. In this case Divas S.r.l., according to art. 1456 Italian Civil Law, will also rescind the relationship with the User under these conditions. The delivery note, the invoice or receipt will be included in the package containing the ordered product and / or sent later also in electronic format.
The user will still be able, having done previously required the invoice on its order, to be able to print directly from the website in "My Orders."
The User authorizes Divas S.r.l. to debit the account the amounts for products purchased on the site in the middle of its own to your credit card.
6) Payment Security
In order to ensure the safety of payment, the Divas S.r.l. company uses, for the charge to your credit, secure payment Pay Pal, which adheres to international standards of PCI-DSS (Payment Card Industry Data Security Standards carte).
7) Expenses, Conditions and Terms of Delivery
Except in cases of force majeure, the delivery terms will be those set out below. Divas S.r.l. can not be held liable for any delays in delivery, whatever the cause, except for wilful misconduct or gross negligence. It follows that no claim of any kind, may be claimed by the User against Divas S.r.l. . Divas S.r.l. also offers the opportunity to enjoy insurance on shipping. Divas S.r.l. reserves the right to select the carrier.
The shipping costs are on the responsibility of the User, except expressly authorized by Divas S.r.l. in writing (or by e-mail).
Terms of delivery
- Shipping in 48h if the merchandise is in stock, 10 days instead if the goods are not on stock.
- There may be delays in delivery not due to our responsibility but production delays from our suppliers, therefore Divas S.r.l. is not responsible for the delay of delivery.
8) Returns & Exchanges
Following Italian Dlgs 206/2006 (“ Italian Consumer Code”) and in accordance with the provisions of the decree dall'art.47 of this law, we inform the User / Consumer that can freely exercise and manifesting precise and sharp reasons, the right of withdrawal within 7 days from the day of receipt of the product purchased, pursuant to artt.64 and 67 et seq. of the Italian Consumer Code in the following terms:
- Change / Replace the items purchased.
The reasons given for the return / exchange must be justified in writing and accepted by Divas S.r.l..
After that, the delivered products will be considered definitively accepted by the User, therefore Divas S.r.l. reserves the right to refuse or accept the related change by the User of the products.
Each item must be returned with all original labels, instructions, packaging and accessories (whether sold as a single product or in a kit version) received along with the order.
If the User receives defective goods, or there are errors in shipments by Divas S.r.l., he is required to follow the same instructions above. Divas S.r.l. reserves the right to require digital photographic evidence before allowing returns for defective merchandise and to pay the shipping costs for the return of the goods at its premises.
Divas S.r.l. reserves the right to refuse unauthorized returns or those that do not comply with all the conditions.
In these cases the goods will be returned to the sender at the original shipping and the shipping charges will be borne by the customer.
The user also has the option of replacing the product received with another article having the same or higher price.
This can be carried out by the User exclusively upon presentation of the purchase invoice or emailed order summary.
9) Personal data protection
For more information about the processing of personal data, as well as put in place by Divas S.r.l. , the User may write to:
Divas S.r.l. , Via dei Pellicciai 1, Funo di Argelato (BO) 40050 ITALIA. E-mail: firstname.lastname@example.org
10) Intellectual Property
All elements published on the Divas S.r.l. site, including but not limited to: trademarks, logos, templates, logos, images and sounds, videos and music, menus, web pages, graphics, colours, patterns, tools, fonts, design of the site, diagrams, layouts, methods, processes, functions are protected by copyright and trademarks and any other intellectual property right of Divas S.r.l..
These are the exclusive property of Divas S.r.l. company that will then take any legal action against those who, directly or indirectly, violate its intellectual property rights and the use or reproduction, even partial, of any material contained in this site.
11) Content Disclaimer
Divas S.r.l. is committed to prevent the publication on the site and www.divasitalia.com of content describing or representing situations of physical or psychological violence or which, according to the sensitivity of users, they could be considered a violation of the beliefs or civil rights and / or damaging to the dignity, in all its forms and expressions.
In any case, Divas S.r.l. can not guarantee that these contents are appropriate or lawful in countries outside Italy.
If such content is considered to be unlawful or illegal in some of these countries, the User is asked to not access the site www.divasitalia.com..
By accessing the site and using the services provided by Divas S.r.l. , the User shall be solely and personally responsible.
Divas S.r.l. shall take measures to ensure that the site content is accurate, updated and verified as much as possible.
The company Divas S.r.l. allows in all stages of contact with the user: access to the website, the order process, shipment or after-sales services, an obligation of means. Therefore, shall not be held responsible for any inconvenience or damage inherent and resulting from the use of the Internet, without limitation, reference is made to an interruption of service, external intrusion, the presence of computer viruses or facts that qualify as force majeure in accordance with the case law.
In addition, Divas S.r.l. cannot be held responsible for any breach of its contractual obligations if this is due to a fortuitous case or force majeure, including, by way of example, strike, fire, disaster, failure and generally any event that prevents the proper execution of the orders.
Regarding defective products, the User may use the law relating to them by returning the product within the terms set forth in these conditions.
Divas S.r.l. reserves the right to assess the existence or otherwise of such defects and, if so, to replace the defective product.
In the event that any provision of this contract was declared void by a change in the law or by court, this does not affect the validity and compliance with these general conditions of sale.
These conditions apply throughout the duration of the commissioning of the line services offered by Divas S.r.l.. The terms and conditions of sale may be updated to conform to new laws or regulations or internal motivations of society. The new terms and conditions will be effective from the date of publication on the website www.divasitalia.com..
16) Applicable law and protection of rights
These terms and conditions of sale are governed by Italian law and in particular by Divas S.r.l. lgs 206/2005 regarding on-distance contracts and by Italian D. Lgs 70/2003 for any aspects of electronic commerce.
In case of disagreement the parties undertake to seek to resolve any disputes out of court.For any dispute deriving from or related to the Contract, the following will be competent: a) the Court of the place of residence or domicile of the Customer if the Customer is a consumer pursuant to the current legislation; b) exclusively the Foro Bologna, Italy, in any other case.
All products are subject to rights in favour of Divas S.r.l. until full payment of the price.
I declare that I have read and accept the conditions of sale.
For all the purposes of articles. n.1341 and n.1342 of the Italian Civil Code the User expressly accepts the content of Articles 2, 3, 4, 8, 9, 13, 14, 17 of these general conditions of sale.