Terms and conditions

GENERAL CONDITIONS OF SALE

The offer and sale of products made on the website shop.diemmecompany.com are governed by these General Conditions of Sale. For any other legal information, consult the Privacy Policy and Right of Withdrawal sections on this page. The Customer is required, before submitting his purchase order, to carefully read these General Conditions of Sale.

The forwarding of the Purchase Order implies full knowledge and express acceptance of both the aforementioned General Conditions of Sale and of what is indicated in the Order Form. Once the online purchase procedure has been completed, the Customer is required to print and keep these General Conditions of Sale and the relative Order Form, which have already been viewed and accepted.

OBJECT

These general conditions of sale concern the sale of products through the e-commerce service on the site shop.diemmecompany.com. The main features and prices of the products offered for sale (including any additional costs) are clearly indicated directly on the site.

The products sold on the site can only be purchased and delivered in the countries indicated in the Order Form.

Any orders for shipments to be made outside these countries will be processed at the discretion of the Diemme Shop physical store and may require additional costs and times which will be promptly communicated to the customer; in the event that it is not possible to process the order or an economic agreement is not reached, the customer will be compensated for 100% of the amount paid.

SUBJECTS

The products are sold directly by "Diemme Shop" (VAT IT01879510855) with registered office in Palermo, Via Messina, 4; 90141 Palermo.

The company's object is the retail and wholesale trade of gold, costume jewellery, watches, silverware and other products connected and/or similar to the former and makes available to all users the possibility of purchasing either physically at the point of sale or by internet products.

These General Conditions of Sale are governed by the Consumer Code (Legislative Decree No. 206/2005 and subsequent amendments) and by the rules on electronic commerce (Legislative Decree No. 70/2003 and subsequent amendments) and apply exclusively to the sale through the site shop.diemmecompany.com, in correspondence of which there are the order forms by means of the virtual trolley and purchase through the various payment methods, as indicated in these General Conditions of Sale as well as in the other sections of the Site.

In the event of changes to the General Conditions of Sale, the General Conditions of Sale published on the Site at the time the Order is sent by the Customer will apply; for the purposes of transparency between seller and customer, an archive will be created with the history of any multiple General Conditions of purchase with a minimum duration of 3 years before cancellation. These General Conditions of Sale govern the entire process that characterizes the purchase of products (reservation where applicable, order, purchase, shipment, return, repairs, customizations) on shop.diemmecompany.com and do not, however, govern the supply of services or the sale of products by subjects other than the site owner, who are present on shop.diemmecompany.com via links, banners or other hyperlinks.

Before placing orders and purchasing products and services from subjects other than those offered directly by the Diemme Shop platform, we suggest checking their conditions of sale, because the seller is not responsible for the provision of services by third parties. The products are sold to the customer identified by the data entered when completing and sending the order form in electronic format with the simultaneous acceptance of these General Conditions of Sale. The product offers on the shop.diemmecompany.com website are aimed at adult customers. If you are under the age of 18, in order to purchase on shop.diemmecompany.com you must first have the consent of one of your parents or a legal guardian. Remember: this always applies, not only to ours, but to all the sites you visit on the Internet: when browsing the Internet you see or are asked for information that you do not understand or are not clear to you, always ask your parents for help.

By placing an order through this e-commerce platform, you guarantee that you are of legal age (18 years old) and have the legal capacity to enter into binding contracts. The customer is prohibited from entering false and/or invented names in the online ordering procedure and in further communications, even if one wishes to maintain privacy or send a surprise gift to someone else. Various sales methods are made available on the site which allow, in any case, to send the purchased items to subjects other than the buyer. The Seller reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.

Furthermore, by accepting these Conditions of Sale, you release the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data you provided when placing the Order online, being you yourself as the customer solely responsible for their correct insertion. Therefore, please check the appropriate form carefully before sending the data, in order to avoid, among the various inconveniences deriving from such distractions or omissions, the sending of the products to incorrect addresses or subjects, as Diemme Shop will not compensate the customer in error despite the ethics of our Shop requires always and in any case to seek a solution that does not harm and that can satisfy both parties.

Furthermore, by accepting these Conditions of Sale, you release the Seller from any liability deriving from errors or delays in accessing the Website by the customer when entering their data in the purchase procedure and from any inconvenience created by this situation . As well as from the slowness or impossibility of receiving the customer's Order confirmation or from any anomaly that may occur due to problems with the Internet network, or due to any other unforeseeable and independent event from Diemme Shop.

Furthermore, by accepting these Conditions of Sale, you release the Seller from any liability deriving from the non-operation or problems relating to the e-mail address provided by the customer for sending the Order confirmation.

OFFER TO THE PUBLIC AND PURCHASE AGREEMENT THROUGH ELECTRONIC COMMERCE SERVICE

The Products and Services with the relative prices as present on the site constitute an offer to the public in accordance with the methods specified in the general conditions of sale and on the site itself. The conditions of this offer apply exclusively to purchases made on the shop.diemmecompany.com website. The sales contracts stipulated on the site and concerning the Products and Services are concluded directly with Diemme Shop.

By online sales contract we mean the remote contract concerning the sale of movable goods (hereinafter Products) stipulated between you, as a Customer, and Diemme Shop, as a Seller, as part of a commercial service organized by the seller who, for this purpose, uses the remote communication technology known as the Internet. To reach the conclusion of the Contract for one or more Products, you will have to fill in the Order form in electronic format (hereinafter also the Order) and send it to the Seller via the Internet following the relative instructions.

The Order contains: the reference to these General Conditions of Sale (which you will accept before each purchase); information and images of each Product and its price; the means of payment that you can use; the methods of delivery of the Products purchased, the times and the relative costs of shipment and delivery; the reference to the conditions for exercising your right of withdrawal; the methods and times for returning the purchased products.

Although Diemme Shop constantly adopts measures aimed at ensuring that the photographs shown on the Site are faithful reproductions of the original products (supplied directly by the manufacturers or personally photographed by us), including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution characteristics of the computer you use.

Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations have a purely illustrative function (Unless the products are completely different from those indicated in photography).

ORDER EXECUTION AND CONCLUSION OF THE CONTRACT

By submitting your Order via the Website, you unconditionally accept and undertake to observe these General Conditions of Sale in relations with the Seller. Once the Order has been sent, the Seller will take charge of it for its fulfillment and will send you an Order Confirmation (hereinafter the "Order Confirmation") by e-mail to the e-mail address communicated by the Customer. This Confirmation will summarize the selected Products and Services, the relative Prices (including Delivery costs and additional costs relating to additional Services requested by the Customer such as gift wrapping if required), the delivery address, the Order number (hereinafter "Order Number"), the General Conditions of Sale set forth therein and any Special Conditions applicable to the individual Order and determined following specific requests from the Customer.

Diemme Shop reminds the Customer to check with the utmost attention and care the correctness of the data contained in the Order Confirmation and to notify the Seller as soon as possible of any corrections, so that the Seller can, within the timescales and capacity, resort to the best possible remedy if the order has not already been entrusted to the Courier or to the person in charge of shipping the goods. The Order Number, generated by the system and communicated by Diemme Shop must be used by the Customer in any communication with the Seller.

It is possible that there may be occasional non-availability of the Products offered, in this case, if the Products chosen by the Customer are not, in whole or in part, available, Diemme Shop will inform the Customer. Before sending the Order Confirmation, the Seller retains the possibility of requesting further information via e-mail or on the telephone indicated by you with reference to the Order sent by you via the Internet. The Seller may not process your purchase orders which do not give sufficient guarantees of solvency or which are incomplete or incorrect or in the event of unavailability of the products. In these cases, we will inform you by e-mail or by telephone (by calling you or starting a chat session via sms, whatsapp or similar) that the Contract has not been concluded and that the Seller has not processed your Order specifying the reasons.

In this case, the sum previously committed to the Customer's means of payment will be released. If the products presented on the Website are no longer available or on sale after the Order has been sent, it will be the Seller's responsibility to notify you promptly and in any case within thirty (30) working days starting from the day following the which you will have sent your Order to the Seller, the possible unavailability of the Products ordered. In this case, the sum previously committed to the Customer's means of payment will be released. Each sale made by the Seller through the online sales service may concern one or more products, with no quantity limit for each item.

Before concluding the Contract, you will be asked to confirm that you have read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data Privacy Policy. The Contract is concluded when the Seller, after receiving your Order Form and verifying the correctness of the data, has forwarded to the e-mail address you indicated via the Website the confirmation of the preparation of the package and the shipment of the product.

The Seller undertakes to deliver the products ordered to the Customer no later than 30 days from the date of conclusion of the Contract. The language available to conclude the Contract with the Seller is Italian and the applicable law is Italian. Diemme Shop reserves the right to refuse orders from a customer with whom there is an ongoing legal dispute relating to a previous Order. This applies equally to all cases in which Diemme Shop deems the customer unsuitable, including, by way of example, the case of previous violations of the terms of the Contract for online purchases on the Site or for any other legitimate reason, especially if the customer has been involved in fraudulent activity of any kind.

SALE PRICES

Unless otherwise indicated in writing, all the prices of the Products and the shipping and delivery costs indicated on the Website and in the Order are to be considered VAT included and expressed in Euros. The validity of the prices indicated is always and only that indicated by the Website at the time the Order is transmitted via the Internet. Product prices, offers and shipping and delivery costs may vary over time.

If your items remain in the cart for a long time and you will send the order some time after your last visit to the Website, make sure that the prices have not changed (as the prices could be different, higher or lower, depending depending on the promotions and price lists of the moment, chosen by us or imposed by the suppliers) and therefore check the final sale price before submitting the relative Order. All Products are shipped directly from Italy.

The prices of the Products and the shipping and delivery costs indicated on the Website and in the Order, unless otherwise specified, are to be considered not inclusive of any additional costs connected to disadvantaged zip codes, special shipments, customs duties and related taxes, not calculable in advance, if the shipment takes place in non-EU countries or in countries where current legislation provides for import charges. In this case, the existence of any additional costs indicated above will be clearly mentioned during the insertion and revision of the Order. These costs are therefore charged to the Customer and must be paid directly upon delivery of the Products, according to the indications specified in the Order Confirmation.

In case of non-collection, the seller will reimburse the cost of the product but not also the shipping costs, costs of exit and entry connected to customs duties and related taxes and shipping costs for the shipment aimed at returning the product to the seller . All Product Prices indicated on the Site are inclusive of VAT. Any delivery costs (hereinafter "Delivery Costs") and the costs relating to the Additional Services made available by Diemme Shop, as indicated in the following articles of these General Conditions of Sale, are charged to the Customer and adequately detailed in the Purchase order.

The Price shown on the Website at the time the Order is sent is applied to the Products and Services, except for offers or any price changes that occur subsequently and are indicated on the Website itself.

ORDER

The Purchase Order must be made online through the order procedure on the Site (hereinafter the "Order Procedure"), by clicking on the desired product which will flow into the Shopping Cart. In order to proceed with the compilation of the Purchase Order, the Customer may, alternatively, comply with the following methods: In the event that the Customer is already registered on the Site through the appropriate Section, it will be sufficient to enter their access credentials (username and password) by entering them in the "Access" section.

In the event that the Customer is not a user of the Site, it will be sufficient to enter the requested data in the appropriate form, necessary to be able to make the Purchase. Diemme Shop reminds that the Customer, before proceeding with the Purchase, may at any time become a user of the Site by carrying out the relative online registration via the "Register" page (to become a registered customer of the site). The Customer correctly concludes the Procedure Order if the Site does not show any error messages mostly relating to the failure to enter some fundamental data (the system cannot detect errors in reference to the data entered by the Customer in the field dedicated to billing and shipping addresses).

In the "Order history and details" section you can check the status of your Order which in most cases can no longer be modified if it is in the "in progress" status, but which to all intents and purposes will not be absolutely modifiable if which the status is "Shipped" and "Delivered". If the Order has not yet been shipped (when the package has not yet been physically shipped from the store) it is only possible to change the shipping address by contacting customer service via e-mail at [email protected].

A telephone contact is recommended as it appears to be the most timely means of communication. In the event that the delivery is not successful, the customer must immediately contact Diemme Shop.

TERMS OF PAYMENT

For the payment of the price of the Products and the relative shipping and delivery costs, you can follow one of the methods indicated in the Order form of the site shop.diemmecompany.com/ and which are summarized below. The customer can pay by credit or debit card Visa, Mastercard, Visa Electron and/or other similar cards, PayPal, by bank transfer or by cash on delivery (cash payment to the courier). Diemme Shop makes use of the maximum security measures commercially available in the sector. Furthermore, the payment procedure takes place on a secure server that uses the SSL (Secure Socket Layer) protocol.

For online orders on our site we accept both credit card and prepaid card payments (for example, PostePay) without any additional charge on the cost of the product and shipping. It is understood that the Customer must be the holder of a valid credit card when ordering the Products purchased online. In the event that the name on the credit card is not the same as indicated on the billing information, the order will still be carried out, but Diemme Shop assumes no responsibility in the event that the prepaid card and/or credit/debit card has been improperly used by the purchaser. In the absence of these conditions, it will not be possible to proceed with the Order.

At the time of online purchase, together with the Order Confirmation, the reference bank will only commit the amount relating to the Order from the present availability of your credit card. The amount will be debited immediately upon sending the payment via the online platform. At no time during the purchase procedure is Diemme Shop able to know the information relating to your credit card (for example, the credit card number or its expiry date), transmitted via a secure connection using an encrypted protocol directly to the Site of the person who manages the electronic payment (bank or Paypal).

No computer archive of the Seller will keep such data. In this regard, the user, in no case, must report the data relating to their credit cards by telephone or email.

Paypal

If you have a Paypal account, Diemme Shop gives you the possibility to make payments directly using the email and relative password with which you registered on www.paypal.com.

Cash On Delivery

The cash on delivery is only available for sales in Italy. You can pay your Order in cash directly to the courier who will deliver the products to you. In case of cash on delivery it is always advisable to prepare the cash in precise banknotes and coins. Diemme Shop cannot guarantee that all shipping personnel have change available for cash payment. Couriers must in no way ask for tips or amounts in excess of the total Order.

Bank Transfer

You can pay for your Order quickly and securely using your home banking through the payment platform. The amount will be debited directly to your current account and the shipment will take place after the credit has been credited to our account. The payment of the Order must be made when it is forwarded to Diemme Shop with the possibility that this will be automatically canceled by the Seller in the event that the credit is not made within and no later than the following 7 (seven) days. You will find the payment receipt or invoice if subject to VAT, on the Site in the "Your orders" section.

SHIPPING AND DELIVERY METHODS

Each shipment contains: the products/products ordered with their original packaging if provided; any accompanying documentation required based on the country of shipment; any information and marketing material, including any discount coupons or other leaflets; any gadgets.

The products, before being shipped, are subject to review by the Seller, therefore in some products, part of the original packaging may be missing. This is done exclusively for the purpose of guaranteeing the Customer and therefore the final recipient of the object in question that the arrived goods are free from defects such as scratches, dents and malfunctions in general. We therefore guarantee that all products sold by Diemme Shop are original and free from defects at the time of sale.

The delivery of the Products purchased through the Seller's Website can take place in various ways.

Customer home delivery:

The purchased products will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order with insured shipping. Upon receipt of the goods at your home, we ask you to check the integrity of the packages at the time of delivery by the courier. In the event of anomalies, you will have to have them detected and noted down exactly by the courier and reject the delivery after obligatory notification to Diemme Shop, also by contacting customer service by telephone or e-mail at [email protected]. In Italy we generally ship with GLS express courier (or other couriers based on the needs of the moment) in 24/72 hours with express and insured delivery with signature on delivery.

Abroad we ship with DHL express courier, with an expected delivery time of 5 working days. For any doubts about this, do not hesitate to contact us. When the Order is shipped, you will receive an email with the tracking code of the shipment, i.e. the tracking code with a link that refers to the courier's website and the status of the shipment. This number, the tracking code, is used to monitor the progress of the shipment and the expected delivery date (via the courier website: GLS for Italy, DHL for abroad).

Orders with items immediately available, with payment made by credit card, PayPal or cash on delivery made by 11:00 am are shipped within the same morning or within 24 hours if the item is in one of our stores. For all orders that include items in reservation, the date is indicated at the time of Order confirmation.

RIGHT OF WITHDRAWAL

If the Customer is a "Consumer", as defined in Article 3 of the Consumer Code, he is entitled to the rights referred to in Articles. 52 et seq. of the Consumer Code, as amended by Legislative Decree no. 21 of 21/02/2014, and therefore the right to withdraw from the Purchase Agreement (hereinafter the "Right of Withdrawal") for any reason, without explanation and without any penalty, communicating it to the Seller within the term thirty (30) days, starting from the day on which the Customer or a third party, designated by the Customer and other than the Carrier, acquires physical possession of the goods. We remind you that, as required by current legislation, the right of withdrawal is excluded and therefore cannot be exercised if the products you have purchased have been personalized, even with simple engravings, or have been made to measure for you, on your explicit request at the time of entering the Order, tampered with or damaged by the Customer.

The Withdrawal may concern all (Total Withdrawal) or only a part (Partial Withdrawal) of the Diemme Shop Products purchased by the Consumer. The right of withdrawal does not cover the shipment of the goods from the Customer to the Seller, therefore the Customer is required to pay the Courier the fee for the shipment based on the area where the goods will be collected. Diemme Shop will send, preferably via PayPal, the payment form for the courier in order to exercise the Right of Withdrawal.

The customer who intends to exercise the right of withdrawal can do so in the following way:

going to "Account" and pressing the "Order history and details" button, going to press "details" in the purchase order, specifying the object for which the return is requested. This option will be available for 30 days from the date of receipt of the item.

The right of withdrawal is subject to the following conditions: the returned Products must be returned in their entirety and not parts or components of them even in the case of kits; the returned Products must not have been used, worn, washed or damaged; Returned products must be returned in their original packaging (meaning, by this, the packaging of the single product); the returned Products must be sent to the Seller in a single shipment; In case of exercising the right of withdrawal, the customer is required to return the goods within 10 days from the day on which he communicated to Diemme Shop his intention to withdraw from the Contract pursuant to art. 57 of Legislative Decree 206/2005. The return can be requested through the Website within 30 days of receiving the items. After requesting the return, select the product (or products) you wish to return.

THE RETURN HAS A FLAT-RATE COST OF €7 FOR THE SHIPPING OF THE RETURN IN ITALY. FOR ABROAD THE COST IS ESTIMATED WITH THE CUSTOMER, BASED ON THE SHIPPING COSTS AT THE PLACE OF DESTINATION.

It is possible to request a refund, a voucher or an exchange: request a refund if you want the return of the amount spent for the items you want to return; ask for the voucher in case you want to exchange an item in the future; ask for an exchange if you want to change the object with one of an equivalent price or of a different value with possible reversals in the price (which can be paid either with vouchers in the event that the Customer does not reach the amount spent previously or with the payment of the missing consideration in the event that the Customer instead exceeds the sum of the previously purchased item).

The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, Diemme Shop will refund the amount of the products subject to withdrawal within a maximum period of 30 days, excluding shipping costs (unless the Shop establishes otherwise due to registration customer experience, accumulation of multiple purchases over time, product value).

As required by current legislation, to which reference is made, Diemme Shop may suspend the refund until receipt of the goods or, at its sole discretion, until the customer demonstrates that he has sent the goods back to the Seller.

Refund method

If the right of withdrawal is exercised by you in accordance with the previous conditions, the Seller is required to reimburse the sums paid by the customer within and no later than 30 days of your decision to exercise the right of withdrawal but on condition that within the same term the product is been returned and checked by Diemme Shop staff.

The Seller will use the same means of payment used by you for the initial transaction for the re-credit, unless you explicitly ask the Seller to use a different means and the latter consents to it. If the Order was paid for via PayPal, the refund will be made to the card or account used for payment, while if the Order was paid for by Credit Card, the refund will be made to the card used for payment (it is not possible to use a other card for refund). If the Order was paid by bank transfer, the refund will be made by bank transfer: Contact customer service by e-mail at [email protected] to inform us of the IBAN to which to make the transfer.

If the Order was paid for on delivery (cash payment to the courier), the refund will be made by bank transfer or via PayPal. Returns are processed by customer service in approximately one working week. The repayment times on the card or on current accounts depend directly on the banks, which generally take about 2/3 working days to be credited. In the event of a return, all other costs will be reimbursed by the Seller, with the exception of shipping costs which are borne by the buyer (and with the exception of additional costs deriving from your possible choice to use a different or more expensive delivery method than to the type of standard delivery offered by the Seller). For the return, the customer can choose to return with his own courier (in this case, any loss or damage to the package and therefore to the object will be the total responsibility of the customer) or by relying on our courier. In this second case, Diemme Shop itself will contact the courier to request collection from the customer's home. The cost, in this case, is €7 and in all cases does not include packaging materials, which must be obtained directly from the customer.

The only case in which the customer will be entitled to a refund of the price, shipping costs and return costs is for the return of defective products or delivered products that do not correspond to the Order placed by the customer or in the event of damage to them due to transport or errors in shipping by the Seller himself, even if, as previously mentioned, the Diemme Shop staff will always make sure to send the products corresponding to the choice made via the website and that these are free from defects, scratches and malfunctions in general. In case of return of the products listed above, Diemme Shop will bear the transport costs for returning the products.

The return can be requested within 14 days (plus another 16 extra guaranteed by Diemme Shop) from receipt of the items. If possible, close the item or items to be returned inside the same box used for our shipment, if this is not possible, for safety reasons, we recommend that the return be well packed and protected. In case you have to choose our courier, he will already have with him the pre-printed label with our shipping details and customer reference.

Exchange of products

To make the exchange, connect to the shop.diemmecompany.com website and choose the reference of the product for which the exchange is requested. In the request sent, you must also specify the day and time slot for which you wish to collect the object.

At this point a refund or voucher will be issued. The voucher (also called coupon) is a code of numbers and letters that is automatically generated immediately after choosing this return method. This code will appear on the Site and will be sent by email as a reminder. The coupon has a value equal to the cost of the returned item and can be used immediately by placing an Order on the Site. The new order will be shipped only after receiving the items to be returned. The coupon has a value equal to the cost of the returned item, obviously deducting any discounts previously applied and the shipping costs included in the original price which are charged to the customer, and can also be used immediately by placing an Order on the Site.

We will ship the new order after receiving the item(s) to be returned. If the item ordered in the second order is on reservation, the times indicated at the time of Order confirmation are valid.

LEGAL WARRANTY OF CONFORMITY

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code (Legal Guarantee). More precisely, the guarantee regime on the products sold by Valentina Gioielli S.r.l. it differs depending on whether the buyer is a "consumer" or a "professional" within the meaning of Directive 1999/44/EC concerning "certain aspects of sales contracts and guarantees concerning consumer goods".

If you buy as a "consumer", you benefit from the legal guarantee of conformity to which the seller is required by law on each good sold ("Legal Guarantee"). The Legal Guarantee - to which Diemme Shop is held as a seller - guarantees the goods against lack of conformity with the sales contract.

TO WHOM IT APPLIES

The Legal Guarantee, therefore, is reserved for consumers. Therefore, it only applies to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Those who have purchased on the Site and who do not qualify as consumers will be covered by the guarantee for defects in the thing sold, the guarantee for promised and essential quality defects and the other guarantees provided for by the civil code with the relative terms, forfeitures and limitations.

WHEN IT APPLIES

The seller (and, therefore, with regard to purchases made on the shop.diemmecompany.com site) is liable to the consumer for any lack of conformity existing at the time of delivery of the product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two years and promptly upon discovery of the defect

The warranty is therefore valid on condition that the following conditions are met: the defect occurs within 24 months from the date of delivery of the products; the Customer submits a formal complaint regarding the defects promptly from the date on which the defect was recognized by the latter, unless this is in conflict with the prevailing mandatory rules of the country of habitual residence of the Customer; Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity.

Starting from the seventh month following the delivery of the product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery of the same. In order to take advantage of the Legal Guarantee, you will therefore first need to provide proof of the date of purchase and delivery of the goods. Therefore, for the purposes of this proof, it is advisable that you keep the purchase invoice or any other document that can certify the date of the purchase (for example the credit card statement) and the date of delivery.

WHAT IS THE DEFECT OF CONFORMITY

There is a lack of conformity when the purchased good: is not suitable for the use for which goods of the same type are normally used; does not conform to the description given by the seller and does not possess the qualities of the good that the seller has presented to the consumer as a sample or model; does not have the usual qualities and performance of a product of the same type, which the consumer can reasonably expect, also taking into account the declarations made in advertising or labelling; it is not suitable for the particular use desired by the consumer and which has been brought to the attention of the seller at the time of conclusion of the Contract and which the seller has accepted.

Any failures or malfunctions or defects of any other type caused by accidental events or by your responsibility or by use of the product that does not comply with its intended use and/or with the provisions of the attached technical documentation are therefore excluded from the scope of the Legal Guarantee to the product, where existing, or in the instructions for use relating to the same.

We also remind you that although Diemme Shop constantly adopts measures aimed at ensuring that the photographs of the products shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, it is always possible some variations due to the technical characteristics and color resolution characteristics of the computer you use.

WHAT TO DO IN THE PRESENCE OF A DEFECT OF CONFORMITY

In the event of a lack of conformity duly reported within the terms, you will be entitled: primarily to the repair or replacement of the goods free of charge, unless the remedy requested is objectively impossible or excessively onerous compared to the other and therefore, in the specific case, considering the type of sale, to replacement, where this is possible in relation to the number of specimens still available for sale;

Secondarily (i.e. in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused considerable inconvenience to the consumer) to the reduction of the price or termination of the Contract with a choice to be agreed by contacting us.

An excessively burdensome remedy is understood as one that imposes unreasonable expenses on the seller compared to the alternative remedies that can be tried, taking into account (1) the value that the goods would have if there were no lack of conformity; (2) the extent of the lack of conformity; (3) of the possibility that the alternative remedy can be carried out without significant inconvenience for the consumer. AFTER-SALES ASSISTANCE, IN ITALY, HAS A COST OF €7 FOR THE MANAGEMENT OF SHIPPING COSTS. Alternatively, you can go directly to a nearest official dealer.

FOREIGN ASSISTANCE has a shipping cost which must be agreed on the basis of the country of destination.

REFUND OR REDUCTION AS A RESULT OF THE APPLICATION OF THE LEGAL WARRANTY

In case of termination of the Contract, Diemme Shop will return the total amount paid. In case of price reduction, F.B. S.R.L. will return the previously agreed amount of the reduction. The refund or reduction amount will be communicated to you via email and credited to the chosen payment method or solution.

In particular, in the event of non-compliance, the Customer who has entered into the Contract as a Consumer will have the right to obtain the restoration of conformity of the products without charge, by repair or replacement, or to obtain an appropriate price reduction or termination of the Contract in relation to the disputed goods and the consequent refund of the price.

The exchange or refund of a product with obvious manufacturing defects will be possible within 7 (seven) days of receipt of the same, beyond these times, if the item falls within the specifications of the assistance centers (different for each brand) it can be brought to warranty repair.

The times for repairs under warranty vary according to the product brands and can vary from 45 to 60 working days.

CONTACTS

For any request and/or information, you can contact the Diemme Shop team by sending an email to [email protected]. Alternatively you can write to us or visit us at Via Messina, 4; 90141 Palermo.

CUSTOMER COMMUNICATIONS

The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits established by the Site.

PRIVACY POLICY

The Customer's data is processed by Diemme Shop in compliance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the appropriate section "Information pursuant to Article 13 of Legislative Decree 30/06 /2003" .

APPLICABLE LAW, DISPUTE SETTLEMENT AND JURISDICTION

These General Conditions of Sale are governed by Italian law and will be interpreted on the basis of it. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating to and/or consequent to them must be resolved exclusively by the Italian jurisdictional authority, as better specified below.

In particular, if the Customer qualifies as a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same according to the applicable law. Given that Diemme Shop is always available to seek an amicable solution to the disputes that have arisen, also through the direct contacts indicated, the Customer is informed that, according to article 14 of EU Regulation n. 524/2013 and by the resolution on the ODR referred to in the Statutory Instrument n. 500/2015 in force since 15 February 2016, the European Commission has established an online platform for the resolution of ODR disputes ("online dispute resolution") deriving from the purchase of goods online accessible at the following link: https:// webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage Through the ODR platform, the Customer will be able to consult the list of ODR bodies, find the link of each of them and start a procedure online dispute resolution.

More information about the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show

COOKIES

The Site may use cookies to guarantee normal navigation and use of its functions and, subject to the Customer's consent, to send advertising messages in line with the preferences shown in the context of surfing the net.

INTELLECTUAL PROPERTY

All the elements of the Site which are subject or not to the registration of an intellectual property right (photos, product sheets, descriptions, layouts) are the exclusive property of Diemme Shop and cannot be used. All designs, models, brands, texts, visual or audio, comments, works, illustrations, images, reproduced on the Site www.diemmeshop.it are protected by copyright, brand rights and image rights and by any other applicable intellectual property law.

They are the total property of Diemme Shop or its partners (Provided through special extranet sites, "picture park" and similar). Any type of reproduction or representation, object of counterfeiting can determine the onset of civil and criminal liability of its author. Links that refer to the website www.diemmeshop.it and that use the techniques of "framing" or "in-line linking" are formally prohibited.

In any case, any link or other content mentioned above, even if tacitly authorized, must be withdrawn immediately and upon simple request by Diemme Shop, under penalty of legal consequences.

MODIFICATION OF THE GENERAL CONDITIONS OF SALE

In the event of any modification to these General Conditions of Sale, Diemme Shop will promptly publish the modified ones on the Site. The modified General Conditions of Sale will become an integral part of the new Contracts, starting from the first Order forwarded by the Customers, following their publication on the Site. In the case of Orders already forwarded before such communication, the previous version of the General Conditions of Sale will apply, which can be consulted in the history of the General Conditions of Sale.

SUBSTITUTION CLAUSE

If a present or future provision of the General Conditions of Sale and/or the Contract should be or become wholly or partially null and/or ineffective or there is a gap in the provisions of the General Conditions of Sale and/or the Contract, the remaining provisions of the General Conditions of Sale and of the Contract will remain valid and effective in any case. It is understood that Diemme Shoped and the Customer will undertake to negotiate in good faith the integration of the gap or the replacement of the null and/or ineffective clause with the aim of achieving the same results pursued by the invalid or ineffective clause and to safeguard the content, also economic, of the Contract.