Terms And Conditions of Sale
LAST UPDATED: SEPTEMBER 2022
1. ORDERS AND ACCEPTANCE
When an order is placed, the Customer will receive confirmation by e-mail: this e-mail is merely a confirmation that the order has been received and does not constitute its automatic acceptance. The agreement will not be completed until the Company sends confirmation by e-mail that the products ordered by the Customer are available and have been shipped. In the event that a product is no longer available, the order will not be processed or may be partially processed and the Company will refund the amount paid in advance by the Customer for the unavailable product. Only the number of goods indicated in the confirmation e-mail sent at the time of shipment will be included in the final agreement. The Company reserves the right to refuse Orders from a Customer with whom a disagreement and/or a dispute relating to a previous Order is in progress or had previously occurred. This also applies to all cases in which the Company deems the Customer unsuitable, including, by way of example, in cases of previous violations of the Online Conditions, for any reason, especially if the Customer has been involved in fraudulent activities of any kind. It is the Customer's right to proceed with the cancellation of the order through a request sent directly to Customer Care through the relative contact form and if the warehouse has not already prepared the shipment, the order will be immediately cancelled.
2. WARRANTIES AND LIABILITIES
On www.dsquared2.com, only products bearing the registered trademark Liu Jo and Rebel Queen are offered for sale. The Company does not sell used, irregular or substandard products compared to the corresponding standards offered in the market. Products purchased on www.dsquared2.com are sold directly by the Company. The essential features of the products are shown at www.dsquared2.com on each product information sheet. The images and colors of the products offered for sale on www.dsquared2.com may, however, not correspond to the actual ones due to the Customer’s internet browser and monitor used. Purchase requests from countries not included among those displayed in the menu that contains the list of shipping countries cannot be accepted. All products are fitted with identification tags attached using a disposable seal. In case the Customer intends to exercise the right of termination, he/she may not remove the tag and its seal from the products purchased, which are an integral part of the product. If the Customer exercises the right to termination, the Company has the right not to accept returned products which have missing identification tags, whose essential and quality characteristics have been altered or tampered with, or which are damaged.
To the fullest extent permitted by applicable law, all products sold through the website are sold without warranties except as set forth in specific warranty certificates included with the products. To the fullest extent permitted by applicable law, the company expressly declines any other express or implied warranties relating to the products, including, and without limitation, any title, accuracy, merchantability or suitability warranties for any particular purpose, non-infringement warranty, or any other warranty related to third party services. The company will not be responsible for damages of any kind arising from purchases made on the website.
3. PRICE AND AVAILABILITY
The prices of products may be subject to change. The Customer must check the final sales price before submitting the relevant order form. Whenever applicable, prices include VAT. Where applicable, delivery costs will be added separately. These additional costs will be clearly indicated when they are applied and shall be included in the "total cost". The Company reserves the right to activate specific sections of the Website through which to sell products belonging to commercial seasons prior to the current one, applying - if necessary - a particular discount. Notwithstanding the above, the obvious material error reported in the price within the category pages and/or product sheets, compared to the commonly known price of the chosen product, involves the Company’s right not to confirm the shipment and proceed with an immediate refund of the value of the purchase paid by the Customer without him/her raising any objections. In any event, the Customer will be promptly notified by the Company's Customer Service Department.
Payment can be made by the Customer using one of the methods listed in the "Payments" section on the Website. In case payment is being made via credit card, the Customer making the payment confirms that he/she is the owner of the credit card being used. Once the order is received, the Company will perform a standard pre-authorization check on the data provided and payment method chosen by the Customer in order to ensure that there are sufficient funds to complete the transaction. Products will not be shipped until this pre-authorization check has been completed. Credit cards will be subject to verification and authorization by the issuer, and if such entity refuses or does not authorize payment, the Company will not be liable for delayed or non-delivery of the products. A pre-charge will then be made to the Customer's credit/debit card and the order will be temporarily accepted. The actual charge on the Customer's credit/debit card, including the price for the purchase of the products and the shipping costs (if due), as indicated in the order form, will be made at the moment in which the final accepted order leaves the Company's warehouse. A confirmation e-mail will be sent to the e-mail address provided by the Customer with all relevant order information and delivery terms. In case payment is being made via credit card, the Customer’s financial information (for example, credit/debit card number or expiration date) will be forwarded to the banks which supply the relevant remote payment services in an encrypted manner. This information, moreover, will never be used by the Company except to complete the procedures relating to the purchase made by the Customer and to issue refunds in case of any returns of products, following the possible exercise of the right of termination, or if it is necessary to prevent or report commission of Website fraud to the authorities. In case of payment with Scalapay, the Customer will immediately receive his/her order and payment will then be made in 3 installments. The Customer acknowledges that the installments will be transferred to Incremento SPV S.r.l., related parties or their assignees, and authorizes such transfer.
5. SHIPPING AND DELIVERY
International shipping is available for goods purchased on the Website. You can see a list of the countries to which the Company can ship by checking the FAQ section. Orders placed before 12:00pm noon (Italian time) will be prepared within the same day. This term may be subject to change during periods of sales or promotions. Shipping and handling charges will depend on the country to which the goods are to be sent and the delivery times that the Customer is requesting. You can view a list of shipping and handling rates and delivery terms by checking the "Orders and Shipments" section. Transfer of ownership of the products shall take place when delivery to the Customer is made. As soon as the Company has delivered the goods to the address supplied by the Customer, via a special express courier service, the latter will become liable for them, even in the event of any loss or damage they may occur from the time of shipping onwards. Customers are asked to refuse the package if it has been tampered with or in poor condition when delivered, and to promptly notify our Customer Service Department. We will provide immediate verification and rapid feedback. One may choose to receive the products purchased either at the address indicated by the Customer or at a Dsquared2 store in the country of purchase, among those listed on the www.dsquared2.com Website. If one choses to have the product delivered to the Dsquared2 store, product arrival notification will be made via e-mail and must be picked up no later than 15 working days from receipt of the e-mail. In case of failure to collect the product within the indicated deadline, the agreement will be considered automatically terminated to all effects and the collection will no longer be possible. As a result of the termination, the Customer will be refunded the price of the product under the terms indicated for the refund in case right of termination has been exercised. In order to pick up the product it will be necessary to show the store a copy of the e-mail confirmation of shipment and a form of identification. If the collection will take place by proxy, the same must be accompanied by a photocopy of the identification documents of the delegator and delegatee. For in store pickup option, it is not possible to pay by cash on delivery.
6. RIGHT OF TERMINATION AND RETURNS
The Customer has the right to withdraw from the contract without giving any reason and without any penalty within 20 (twenty) days from the date of receipt of the products. In order to exercise the right of termination, the Customer must inform the Company of the decision to terminate the agreement in an explicitly written manner. To do so, the Customer must fill out the return form on-line and ensure that the products are in the same condition in which they were received, with all warranty seals still attached. The Customer must send the package back after attaching the pre-printed, prepaid label to the original box (or another, equally secure one) in such a way as to cover the original label bearing the Customer’s address. The Customer shall return the goods to the address indicated on the pre-printed label, without undue delay and in any case within 20 (twenty) days from the day on which the Customer's withdrawal from the contract is communicated. The deadline will be met if the Customer ships the goods before the expiration of the 20 (twenty) day period. The Customer must schedule the pick up of the items to be returned by contacting the same courier who delivered the package, agreeing on a date and time of pick up. The Customer will only be able to mail the returned items from the country in which the order was placed. If the Customer’s return does not meet the terms and conditions listed above, it will be rejected and will not be refunded. Personalized items can only be returned if defective. The Company reserves the right to assess each case individually. For more details please see the "Returns and Refunds" section. Pursuant to Art. 59 of the Consumer Code, due to Consumers’ hygiene or health reasons, the right of termination is expressly excluded with regards to perfumes, as well as underwear and beachwear items from which the anti-use tag and/or hygienic strip and/or label has been removed. Underwear and beachwear items must be tried on while wearing your own underwear. Removing the applied hygienic strip is not allowed. In order to best protect consumers and in compliance with the rules and requirements of hygiene and health, in the event that the anti-use and/or hygienic strip and/or label has been removed, or if the article does not comply, it will not be possible to accept the return of such items, and will remain available to the Customer at our warehouse, in the location that will be provided to the Customer by Customer Care, for 30 days after the communication of non-acceptance of the return. After this period of time (30 days after communication of the non-acceptance of the return), if the Customer has not confirmed in writing of his/her willingness to receive the returned product with shipping costs at their own expense or their willingness to proceed with pick up of the product directly from the warehouse, we will store the returned product for 60 days, after which time if no communication has been received from Customer of their willingness to pick up/ship at their own expense, it will no longer be possible to request the shipment of the product or the pick up of same at the warehouse. The right of termination is excluded whenever the items show, in the reasonable opinion of the Company, signs of use and/or washing. Even in such cases, the procedure described above may be applied.
After the products have been returned, the Company shall perform all necessary assessments of their conformity with the terms and conditions set out herein. In case the assessments have a positive conclusion, the Company will send the Customer, via e-mail, the relative confirmation of the acceptance of the returned products. Whatever the payment method used by the Customer, the refund will be activated by the Company no later than 3 (days) days from the day on which the same has received the goods and will be full deducted the initial shipping costs. The refund may be suspended until receipt of the goods or until the Customer shows evidence that he/she has returned the goods. This term may be subject to change during periods of sales or promotions. If the product recipient indicated on the order form does not match the person who made payment, the Company will issue the refund – in the event that the right of termination is exercised – to the person who originally made payment. The Company uses the couriers indicated in the "Returns and Refunds" section for product returns. The Customer may return the products to the Company without having to personally sustain the necessary expenses of shipping via these couriers, by using the pre-printed adhesive label attached to the package containing the product. This method also makes it possible to assess where each package is at any given time, releasing the Customer from any liability in the event of loss or damage of the products during shipment. In the event that the Customer decides to use, for the return of products, a shipper other than the one indicated by the Company, the Customer must instead make payment of the necessary expenses and will be responsible for any liability in case of loss or damage of the products during transportation, according to the procedures and terms provided for in the exercise of the right of termination.
8. PRODUCT IDENTIFICATION TAG
All products sold by the Company include an identification tag attached with a disposable seal, which forms an integral part of the product. The Company invites the Customer to try on the product without removing the identification tag or its seal, since any products returned without these will not be accepted.
9. DISCOUNT CODES
Discount codes for individual account holders or general promotional discount codes may periodically be offered at the Company’s discretion. The discount codes related to the account may be applied only after purchases are made using the account for which a discount code has been offered and registered and for the time period for which they are granted, and only once the transaction has been completed. Promotional discount codes may be applied to all purchases or specific purchases made through the Website. The methods and any restrictions on the use of a discount code will be communicated by the Company in the same message used for notifying the existence of said discount code.
11. FORCE MAJEURE
The Company will not be liable for any delays or omissions caused by facts or circumstances beyond its reasonable control.
12. COMPETENT JURISDICTION AND APPLICABLE LAW
These Terms of Sale and the contract between the Customer and Dsquared2 are governed by Italian law, in particular Legislative Decree No. 206 of 6 September 2005 (the Consumer Code), with specific reference to the regulations on distance contracts, and by Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce, without prejudice to any other overriding law that is applicable in the Customer’s country of residence. In the event of any dispute or complaint arising in connection with these Terms of Sale, such dispute or complaint shall be subject to the exclusive jurisdiction of the courts of residence of the consumer/user.
Should the Company or the Customer delay in or fail to exercise the rights granted by the contract, they will not be precluded from exercising said rights at a later date, except where provided for otherwise by the law. If any of the provisions of the contract are rendered null or void, the clause in question shall be removed without prejudice to the remaining terms and conditions.