Legal Area
Terms and Conditions of Sale
LAST UPDATED: March 2022
The sale of products via the www.dsquared2.com website will be performed directly by Digital Boite S.r.l. with registered offices at Via Cusani n. 5, 20121 Milan, Italy, tax identity number 03796760365, and a share capital of 100,000.00 euros (hereinafter the “Company”). By placing an order, the customer makes an offer to buy the product under the following Terms and Conditions. Users who access the website and wish to purchase the products on sale therein may do so only if they are natural persons whose aims in accessing www.dsquared2.com (hereinafter the “Website’’) are unrelated to any commercial, entrepreneurial or professional activity that they may carry out (hereinafter the “Customer”). If the user does not meet these requirements, the sale may not be completed and/or accepted. All orders are subject to availability and confirmation of the order price. Shipping times may vary depending on stock levels in the warehouse and may be subject to delays caused by the postal service or force majeure, for which the Company may not be held liable. In order to enter into a contract with the Company, the Customer must be at least 18 (eighteen) years of age and hold a valid credit or debit card issued by a bank that the Company deems to be reliable, or must lawfully hold a PayPal account. In any case, the Company reserves the right to reject the order. If the order is provisionally accepted, the Customer will be informed by email using the address provided by the Customer. When the Customer places an order, they warrant that all of the details provided are true and exact, that they are authorised to use the credit or debit card in question to place the order, and that there are sufficient funds to cover the full value of the purchase. Prices are given in euros. For further legal information, please see the following sections: Terms and Conditions, Privacy Policy, Returns & Refunds, Orders and Shipping and Payments. These sections form an integral and substantive part of these General Terms of Sale and are therefore deemed to have been understood and accepted by the Customer in full at the time at which the order is placed.
1. ORDERS AND ACCEPTANCE
When an order is placed, the Customer will receive confirmation by email. This email is merely a confirmation that the order has been received and does not constitute its automatic acceptance. The contract will not be entered into until the Company sends confirmation by email 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 will only be partly processed and the Company will refund the amount paid by the Customer for the unavailable product. The final contract will include only the number of goods specified in the confirmation email sent at the time of shipping. The Company reserves the right to reject orders from a Customer with whom it is currently or has previously been involved in litigation and/or a dispute concerning a previous Order. This also applies to all cases in which the Company deems the Customer unsuitable, including but not limited to cases in which the Customer has previously breached the Terms and Conditions, for any other reason, in particular where the Customer has been involved in fraudulent activities of any nature. To cancel an order, Customers must submit a request to Customer Care via the contact form and, provided that the warehouse has not already prepared the product for dispatch, the order will be immediately cancelled.
2. WARRANTIES AND SPECIFICATION OF PRODUCT PRICES
Only products bearing the registered trademark Dsquared2 are offered for sale on www.dsquared2.com . The Company does not sell second-hand products, faulty products or products of lower quality than the corresponding market standards. Products purchased on www.dsquared2.com are sold directly by the Company. The essential characteristics of the products are shown on www.dsquared2.com on each product page. The images and colours of the products offered for sale on www.dsquared2.com may, however, vary from the actual products’ appearance owing to the Customer’s Internet browser and monitor. Purchase requests from countries not included in the list of countries to which the Company ships will not be accepted. All products are fitted with an ID tag attached using a single-use seal. If the Customer intends to exercise their right to withdraw, they may not remove the tag and seal from purchased products since they form an integral part of the product. If the Customer exercises the right to withdraw, the Company has the right not to accept returned products that have missing ID tags, whose essential and quality characteristics have been altered or tampered with, or that are damaged. The Company shall be liable for any defect in the Products and non-conformity with the Order placed, which exists at the time the goods are delivered. The warranty’s duration is 2 (two) years from the moment the goods are delivered. This warranty is valid under the following conditions: a) the defect appears within 2 (two) years from the date the Products are delivered; b) the Customer submits a formal complaint to the Company regarding the defects within a maximum of 2 (two) months from the date on which the defect was discovered, unless this is contrary to the prevailing mandatory rules of the Customer's country of habitual residence; c) the Customer submits the commercial document/purchase invoice.
3. PRICE AND AVAILABILITY
Product prices may be subject to change. The Customer must check the final sale price before submitting their order. Where applicable, prices include VAT. Where applicable, delivery costs will be added separately. These additional costs will be clearly indicated and will be included in the "total cost". The Company reserves the right to activate a specific section of the Website in order to sell products from commercial seasons prior to the current one and, in this case, may apply a special discount. Without prejudice to the above, in the event that the price shown on the category pages and/or on the product page clearly erroneously differs from the commonly known price of the selected product, the Company is entitled to not confirm the shipment and to immediately refund the amount paid by the Customer without the customer having any right to object. The Customer will however be promptly notified by the Company’s customer services department.
4. PAYMENT
The Customer may pay using one of the methods listed in the "Payments" section of the Website. In case of credit card payments, the Customer making the payment confirms that they are the holder of the credit card being used. Once the order has been received, the Company will perform a standard pre-authorisation check on the details 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-authorisation check has been completed. Credit cards will be subject to verification and authorisation by the issuer. If the issuer delays or does not authorise payment, the Company will not be liable for any delayed delivery or non-delivery. A pre-charge will then be applied to the Customer’s debit/credit card and the order will be provisionally accepted. The Customer’s credit/debit card will be debited for the actual payment, which includes the purchase price of the products and shipping charges (if applicable) as indicated in the order form, when the final order leaves the Company’s warehouses. A confirmation email will be sent to the email address provided by the Customer containing all of the relevant order information and the delivery time. In the case of credit card payments, the Customer’s financial information (for example, credit/debit card number or expiry date) will be sent via an encrypted protocol to the banks providing the remote payment services. Such information will never be used by the Company, except to complete procedures relating to the Customer’s purchase and to issue any refunds in the event that products are returned, if the Customer exercises their right of withdrawal, or if it becomes necessary to prevent fraud on the Website or report it to the relevant authorities. In the case of payments via Scalapay, the Customer will receive their order immediately and will pay in 3 instalments. The Customer acknowledges that the payments will be made to Incremento SPV S.r.l., to related parties and to their transferees, and authorises this transfer.
5. SHIPPING AND DELIVERY
International shipping is available for goods purchased on the Website. A list of the countries to which the Company ships goods is available in the FAQ section.
Shipping and handling charges will depend on the country to which goods are to be sent and the delivery times that the Customer requests. A list of shipping and handling charges and delivery times can be found in the "Orders and Shipments" section. The product’s transfer of ownership shall take place upon actual delivery to the Customer. As soon as the Company has delivered the goods, via its chosen courier service, to the address supplied by the Customer, the Customer will become liable for them, including in the event of any loss or damage that occurs after delivery. If the parcel has been tampered with or is in poor condition when delivered, the Customer must refuse to accept delivery and must promptly notify the customer service department. Customer services will immediately investigate and issue a swift reply. The Customer may choose to receive the products that they have purchased either at the address provided or at a Dsquared2 store in the country of purchase, which must be one of those listed on the www.dsquared2.com Website. If the Customer chooses to have the products delivered to a Dsquared2 store, they will receive an email when the products have arrived and must collect the products within 15 working days of receiving this email. Should the Customer fail to collect the products within the period indicated, the contract will automatically be deemed to have been terminated and the Customer will no longer be able to collect the products. As a result of the termination, the Customer will be refunded for the price of the products within the deadline indicated for refunds issued when the right to withdraw is invoked. In order to collect the product from a store, the Customer must show a copy of the shipping confirmation email and their identity document. If somebody else is collecting the product on behalf of the Customer, they must show a photocopy of the Customer’s identity document and their own identity document. The cash on delivery payment method is not available for in-store collections.
6. RIGHT OF WITHDRAWAL AND RETURNS
The Customer has the right to withdraw from the contract, without needing to provide any reason and without incurring any penalties, within 14 (fourteen) days of receiving the products. In order to exercise the right to withdraw, the Customer must inform the Company of their decision to withdraw from the agreement via an explicit written declaration. To do so, the Customer must fill in the online returns form and ensure that the products are in the same condition in which they were received, with all of the tags still attached. The Customer must then attach the pre-printed, prepaid label to the original box (or another, equally sturdy one) in such as way as to cover the original label bearing the Customer’s address. The Customer must return the goods to the address shown on the pre-printed label, without undue delay and within 14 (fourteen) days from the date on which the Customer notified the Company of its withdrawal from the contract. The deadline will be deemed to have been met if the Customer ships the goods before the end of the 14-day (fourteen-day) period. The Customer must book a collection date and time for the return with the courier that delivered the original package. Customers may only send product returns 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. Personalised products can only be returned if defective. The Company reserves the right to assess every case individually. For more information, please refer to the "Returns and Refunds" section. Pursuant to Article 59 of the Consumer Code, for hygiene reasons and in the interest of consumers’ health, the right to withdraw is expressly excluded in the case of perfume, underwear and beachwear products whose seal and/or hygiene sticker and/or label has been removed. Underwear and beachwear products must be tried on over the Customer’s own underwear. The hygiene sticker must not be removed. In order to protect consumers’ health and hygiene and to comply with laws governing such matters, in the event that the seal and/or hygiene sticker and/or label has been removed, or where the product does not comply with the requirements for returning product, the return will be rejected and the product will remain available for the Customer to collect from our warehouse, the location of which will be sent to the Customer by Customer Care, for 30 days after the Customer is informed that the return will not be accepted. After the end of this period (30 days from being informed that the return will not be accepted), if the Customer has not confirmed in writing that they wish to be sent the returned product at their own expense or that they wish to collect the product in person from the warehouse, the returned product will be kept for a further 60 days, after which, if the Customer has not expressed their wish to collect the product or have it shipped at their own expense, it will no longer be possible to have the product shipped or to collect it from the warehouse. The right to withdraw is excluded when the Company reasonably deems that the products show signs of use and/or washing. In such cases the aforementioned procedure will apply.
7. REFUNDS
After the products have been returned, the Company will check that they comply with the terms and conditions set out herein. If the checks show that there is nothing wrong with the products, the Company will send the Customer an email confirming that the return has been accepted. Whatever the payment method used by the Customer, the Company will process the refund no later than 14 (fourteen) days after the date on which the Company receives the goods. Refunds may be suspended until the returned products have been received or until the Customer has proven that they have sent them back. During the sales or promotional periods, the refund processing time may vary. If the product recipient indicated on the order form is not the person who paid the amounts due for their purchase, the Company will make the refund, in the event that the right of withdrawal is exercised, to the person who made the payment. For product returns, the Company uses the couriers indicated in the "RETURNS AND REFUNDS" section. By shipping through these couriers using the pre-printed adhesive label enclosed in the package containing the product, the Customer may return the products to the Company without having to personally bear the cost. Under the terms and conditions for exercising the right to withdraw, this method allows the Company to pay the cost of returning the products, relieving the Customer of any obligation to pay the courier. This method also enables the Company to track the package at all times, relieving the Customer of any liability in the event of loss or damage in transit. In the event that the Customer chooses to return their products using a courier other than the one indicated by the Company, the Customer must personally pay the cost of the return and will remain liable in the event that the products are lost or damaged during transit, pursuant to the terms and conditions of the right to withdraw.
8. SECURITY TAG
All products sold by the Company are fitted with a security tag attached using a single-use seal, which forms an integral part of the product. Customers are advised to try on the product before removing the tag and seal, as the product may not be returned once they have been removed.
9. DISCOUNT CODES
From time to time, at its discretion, the Company may offer discount codes to individual account holders, or generic promotional discount codes. Discount codes offered to individual accounts may only be used for purchases made through the account that was offered and that accepted the code and during the code’s period of validity, after the transaction has been completed. Promotional discount codes may be used for all purchases or for specific purchases made on the Website. The Company will inform Customers of the terms and any restrictions on the use of the discount code in the same message that informs them of the existence of the discount code.
10. PRIVACY
When the Customer places an order on the Website, they provide their personal data. The Company will use this personal data to process the order, deliver the goods and provide the related services. The Customer’s personal data will be collected and used in accordance with the terms of the Company’s Privacy Policy, which can be found in the "Privacy Policy"section.
11. GREATER FORCE
The provision of services by the Company may be suspended in the event of unforeseeable circumstances or greater force which prevents or delays their execution.
12. APPLICABLE LAW
The Terms of Sale 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. The Company operates a complaints management system that aims to resolve disputes promptly. If Customers have any complaints or feedback, they should contact Customer Services via the dedicated part of the Website. Pursuant to Article 14 of Regulation (EU) No 524/2013 and Statutory Instrument n. 500/2015, in effect since 15 February 2016, the European Commission has set up an online dispute resolution (ODR) website to resolve disputes arising from the online sale of goods. The website can be accessed here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. The ODR website can be used to view a list of ODR bodies, find a link to each of these bodies and launch an online dispute resolution procedure. Further information about the website is available at: https://webgate.ec.europa.eu/odr/main/?event=main.about.show Should the Company or the Customer be slow 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 will be removed without prejudice to the remaining terms and conditions. For further clarifications on these terms and conditions, the Customer may contact the Company’s customer services department. PRINT
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