General terms and conditions for ONLINE SALES
DECATA, designs, creates and produces high fashion total look collections in a sustainable way.
The sale is made through the website WWW.DECATA.IT
1. INTRODUCTION
The items are intended to be sold exclusively to end buyers, acting exclusively personal capacity and who are not involved in any commercial activity (such as resellers). The Customer declares that he/her has the legal capacity to stipulate these General Conditions of Sale.
By purchasing an Item, the Customer will be indicating your acceptance of the General Terms and Conditions for Online Sales and the Privacy Policy in force. During each purchase of Items on the Website, the Customer must indicate his\her acceptance of the General Terms and Conditions for Online Sales by clicking on the button “Pay and place an order”.
2. GENERAL CONDITIONS OF SALE AND CONCLUSION OF THE CONTRACT
2.1 The contract stipulated between DECATA and the Customer (i.e. the subject, a natural person, who makes the purchase on the Site, not related to his own commercial, entrepreneurial or professional activity) must be considered concluded with the acceptance of the order by DECATA. In the event of non-acceptance of the order, DECATA will in any case promptly notify the Customer.
2.2 By placing an order, according to the order form on the Site, the Customer declares that he/she has read all the information provided to him/her during the purchase procedure and fully accepts these General Conditions.
These Conditions may be printed or saved on a durable medium, in compliance with the provisions of art.12 of Italian Legislative Decree 70/2003 and art. 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
3. PLACING OF ORDERS
A) ITEMS’SELECTIONS
On the Website, the Customer selects, enters and validates the identification and quantity of Items he\she wishes to order, said Items are added to his\her “Chart”. The Customer may add, delete or update the quantity of Items in his/her Chart. Once the Customer has completed his\her selection and wishes to validate the contents of his\her Chart, he\she can either: • identify himself\herself on his\her Customer account “Account” or • continue as a “guest”. The Customer can also identify himself\herself before selecting the Items. If the Customer already has an Account, he\she must identify himself\herself with his\her email address and password. If the Customer does not yet have an Account, he\she may create one by confirming his\her name, residential address, email address and phone number when ordering. Registration will be effective once confirmed, via a confirmation email, by DECATA. Further information on the processing of the
B) PLACING THE ORDERS The Customer must select the delivery method and complete the information necessary for the proper dispatch of the order: - e-mail, - surname and first name, - address, - postal code, - city - telephone number, - invoicing address, - and delivery address. By clicking on the "Pay and place an order" button, the Customer places an order for the Item or Items placed in his\her Chart. The Customer can only place an order if he\she reads and accepts General Terms and Conditions for Online Sales and the Privacy Policy by clicking on the "Pay and place an order" button.
A) CONFIRMATION OF THE ORDER Once the steps provided have been completed, an acknowledgment of receipt of the order is sent to the Customer by e-mail. The sales contract is deemed concluded when the Item(s) that the Customer has ordered is/are dispatched and the Customer has received a separate e-mail from DECATA informing him\her of the shipment of his\her order. When the Item(s) ordered are dispatched to the delivery address chosen by the Customer, DECATA sends an e-mail to the latter informing him\her of the said dispatch as well as the price. The contract of sale is then definitively formed.
4. PRICE OF THE ITEMS AND INVOICE
The prices displayed on the Website are indicated in EURO (€) and are inclusive of all taxes (including VAT) but exclude any delivery charges which may apply and will be displayed separately before an Order is placed.
Once the Order has been placed, the Customer will receive a receipt for the amount paid by him/her, in paper copy, by email.
4.2 The following payment methods are envisaged:
a) PayPal
b) Credit card
c) bank transfer.
5. PAYMENTS Payments are made in EURO and the following payment methods are accepted: PAYPAL CREDIT CARD BANK TRANSFER In any case and at no stage of the payment DECATA, will be able to know the Customer's credit card information, transmitted via secure connection directly to the website of the banking institution handling the transaction. No computer file of DECATA will retain such data and therefore under no circumstances will DECATA be held liable for any fraudulent and improper use of credit cards by third parties at the time of payment.
5. DELIVERY OF THE ORDER
Once payment of the amount of the Order has been validated, the Items will be delivered to the delivery address. Please take care to ensure the accuracy of the delivery address at the time of ordering. Once your payment has been received, the Ordered Items will be delivered.
DECATA reserves the right to accept or not accept deliveries requested outside Italian or European borders. In any case, for deliveries to be made outside Italian borders, shipping charges and delivery times may vary.
Regarding deliveries required in countries outside the European Union, any import customs fees will be borne by the Customer. The Customer is therefore invited to contact the customs authorities of their country in advance to check the costs and any import limits.
Delivery times will be indicated at the time of confirmation of the order by DECATA.
At the time of delivery of the items, the Customer is required to check:
that the number of packages delivered corresponds to what is indicated in the transport document,
that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials (adhesive tape or metal strapping).
Any damage to the packaging or to the product or the mismatch of the number of packages or indications must be immediately detected by making a specific indication on the delivery document of the product to be returned to the courier. Any problems inherent in the physical integrity, correspondence or completeness of the products received must be reported within 7 days from the delivery date.
6. PRE-ORDER BOUTIQUE ONLINE
On the website www.decata.it it is possible to pre-order items whose arrival is expected in the following months.
In case of payment by credit card or Paypal, the amount will be debited on the same day of the order.
DECATA will confirm with an e-mail the date of shipment of the requested item.
In case the order is not on time DECATA will re-credit the amount paid to the Customer upon notification.
THE COUNTRY OF THE SHIPPING ADDRESS INDICATED IN THE PRE-ORDERS CANNOT BE CHANGED IN ANY WAY.
7. RIGHT TO CANCEL
Pursuant to articles 52 and following of the Italian Consumer Code, as a consumer the Customer has the right to withdraw from the contract within fourteen (14) days without reason.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by an unequivocal statement sent by e-mail to customercare@decata.it within the fourteen (14) days period set out above. The right to cancel does not apply to goods made to the Customer’s specifications or which are clearly Customsed, or to sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
8. EFFECTS OF CANCELLETION
If you cancel the order, we shall refund you all payments received from you, including the costs of delivery (except where a premium delivery method was chosen, in which case only the delivery charges for standard delivery will be refunded), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to cancel this contract.
We will make the refund using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as part of your refund.
We may reduce the refund to reflect any loss in value to the Item if that loss is the result of unnecessary handling by you. For further details see Article 10.
9. OUR RETURN POLICY
In addition to your legal right to cancel which is set out above, DECATA gives Customers twenty-eight (28) days to return the purchased Item(s), if the Customer shows a valid form of ID and the receipt.
However, it will not be possible to return the items in the cases listed:
9.1 Items made to measure or personalized (article 59 of the Italian Consumer Code);
9.2 Sealed items which by their nature do not lend themselves to being returned for hygienic reasons or related to health protection.
In addition to your legal right to cancel which is set out above, DECATA gives Customers twenty-eight (28) days to return the purchased Item(s), if the Customer shows a valid form of ID and the receipt. The Customer does not have a right to return in respect of: Personalized, or made-to-measure or made-to-order items Items sealed for health protection or hygiene purposes (for example swimwear), that you opened after receiving them. In any case, the Customer must return the Items: within twenty-eight (28) days of delivery, accompanied by the completed return form or a clear statement indicating that you wish to return the Items; and in its original full packaging. Items returned must be in their unused original condition with all DECATA labels attached and all related packaging, accessories and documents provided. Items that are returned incomplete, damaged, without the label and original packaging, altered, soiled, or in any other condition that would reasonably suggest that they have been used or worn, cannot be exchanged, or returned. Items not returned or returned incomplete, ruined, without the label, damaged, degraded, soiled or in any other condition that would reasonably suggest that they have been used or worn, will not be refunded or exchanged and will be returned to the Customer. If an Item has been returned after twenty-eight (28) days of the Customer receiving or collecting it, DECATA reserves the right to issue no refund at all and the Item shall be returned to the Customer. IF THE ORDERED ITEMS ARE DAMAGED, FAULTY, OR NOT AS DESCRIBED, YOU MAY RECEIVE A REFUND, OR REQUEST A REPLACEMENT.
10. METHOD OF RETURN
Customers who declare their intention to return an item will do so through the Customer Service with which they will agree on the date, time and place for the courier to collect the item.
DECATA will send the customer the label for the free return of the item.
The Customer can only return items purchased through the website www.decata.it.
It will not be possible to exchange with another item.
The price paid for the returned item will be refunded through the same payment method used by the customer for the purchase of the same, unless otherwise indicated by the Customer.
All technically repairable Items may be serviced by an after-sales service, see Article 12.
The customer can ask season after season how to wear that particular item, can renew it with new parts (see iconic ALESSANDRA shirt), can request repairs upon request for a quote.
In the case of clothes made with the Moulage method, you can request the transformation of your Item upon presentation of an estimate by DECATA.
The Customer has the possibility, as long as available, to ask for lost parts of an item (e.g. accessories, buttons etc ...)
The FOLLOW UP of the products created by DE CATA COUTURE is a fundamental characteristic of the brand.
Season after season the designer will advise, at the request of customers, how to renew a garment purchased in past seasons, how to wear it, how to make it always current.
12. FOLLOW UP SERVICE
The Customer who buys from DECATA will be followed in the life of the purchased product until its deterioration.
The Customer can ask season after season how to wear their DECATA items, can renew it/them with new parts (see iconic ALESSANDRA shirt), may request its repair upon request for quotation.
In the case of clothes made with the ‘Moulage’ method, the Customer can request the transformation of his Item upon presentation of an estimate cost by DECATA. The Customer has the possibility, while available, to request lost parts of an item (like accessories, buttons etc....).
The FOLLOW UP of products created by DECATA is a KEY feature of the brand.
Season after season the stylist will advise, at the request of Customers, how to renew a garment purchased in past seasons, how to wear it, how to make it always current.
13. DISPUTE – APPLICABLE LAW
These General Conditions of Sale are subject to Italian law, unless otherwise required by Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). The aforementioned law has no effect on the Customer's right to the protection provided by the laws applicable in the country of residence regarding consumer protection.
The e-mail address to contact the DECATA’s customer-care is customercare@decata.it.
The European Commission manages an online out-of-court dispute resolution platform (ODR platform), accessible at https://ec.europa.eu/consumers/odr.