Terms And Conditions of Sale

LAST UPDATE: JUNE 2024

Sales of products through the website www.dsquared2.com (hereinafter the "Site") will be made directly by Dsquared2 Retail CH with registered office at Piazza dell’Indipendenza 11, 6900 – Lugano, Switzerland (hereinafter the "Company"). Anyone who places an order makes a purchase offer for a product under the following terms and conditions of sale (hereinafter "General Conditions of Sale"). The user who, by accessing the Site, wishes to proceed with the purchase of the products offered for sale, can do so only if they are a natural person for purposes not related to their commercial, entrepreneurial, or professiosnal activity, if any (hereinafter the "Customer"). If the user does not meet these requirements, the commercial transaction cannot be completed and/or accepted.

All orders are subject to availability and to the confirmation of the order price. Shipping times may vary depending on immediate stock availability and may be subject to possible delays due to the delivery service or force majeure, for which the Company cannot be held responsible. To conclude a contract with the Company, the Customer must be 18 (eighteen) years old and possess a valid credit or debit card issued by a bank deemed reliable by the Company or have legitimate availability of a PayPal account. The Company reserves the right to refuse the order in any case. If the order is temporarily accepted, the Customer will be informed via e-mail to the address provided. When the Customer places an order, they commit to ensuring that all details provided are true and accurate, that they are authorized to use the credit or debit card to place the order, and that there are sufficient funds to cover the entire purchase value.

These General Conditions of Sale exclusively regulate the offer, forwarding, and acceptance of purchase orders for products on the Site between the Customer and the Company. The General Conditions of Sale do not regulate the sale of products (i) by parties other than the Company, and/or (ii) that have not been concluded on the Site. The Company is not responsible for the provision of services by third parties or the conclusion of e-commerce transactions between the Customer and third parties.

For any other legal information, the following sections can be consulted: Terms and Conditions, Privacy Policy, Returns and Refunds, Orders and Shipping, and Payments, which form an integral and substantial part of these General Conditions of Sale and are therefore deemed fully known and accepted by the Customer at the time of order transmission.

1. ORDERS AND ACCEPTANCE

When the Customer places an order, they will receive an e-mail confirming receipt of the order: this e-mail will only be an acknowledgment of receipt of the order and will not constitute automatic acceptance of the same. The contract will not be concluded until the Company sends confirmation via e-mail that the ordered products are available and have been dispatched. If a product is no longer available, the order will not be fulfilled or will be partially fulfilled, and the Company will refund the amount paid 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 contract. The Company reserves the right to refuse orders from a Customer with whom there is an ongoing or previous dispute and/or a dispute related to a previous order. This also applies to all cases where the Company deems the Customer unsuitable, including, by way of example, previous violations of the General Conditions of Sale, for any other reason, especially if the Customer has been involved in fraudulent activities of any kind. The Customer has the right to cancel the order by sending a request to customer service through the appropriate contact form, and if the warehouse has not prepared the shipment, the order will be immediately canceled.

2. WARRANTIES AND LIABILITIES

The Site offers for sale only products marked by registered Dsquared2 trademarks. The Company does not sell used products, irregular products, or products of inferior quality to the corresponding market standards. The products purchased on the Site are sold directly by the Company. The essential characteristics of the products are presented on the Site within each product sheet. The images and colors of the products offered for sale on the Site may not correspond to the real ones due to the Internet browser and monitor used by the Customer. Purchase requests from countries not listed in the shipping country menu cannot be accepted. All products are equipped with an identification tag attached with a single-use seal. If the Customer intends to exercise the right of withdrawal, they must not remove the tag and the related seal from the purchased products, which are an integral part of the product. In case of exercising the right of withdrawal by the Customer, the Company has the right not to accept the return of products that are missing the relevant tag or that have been altered or tampered with in their essential and qualitative characteristics or that have been damaged.

The Company is responsible for any defects in the products and for their non-conformity with the order placed, existing at the time of delivery. The warranty period is 2 (two) years from the time of delivery of the goods. This warranty is valid under the following conditions: a) the defect appears within 2 (two) years from the delivery date of the Products; b) the Customer submits a formal complaint to the Company regarding the defects within a maximum of 2 (two) months from the date the defect was discovered, unless this is in contrast with prevailing mandatory rules of the Customer's country of habitual residence; c) the Customer presents the commercial document/invoice of purchase.

3. PRICE AND AVAILABILITY

Product prices may be subject to updates. The Customer must check the final sale price before submitting the related order form. Where applicable, the price includes VAT. If due, delivery costs will be added separately; these additional costs, if applicable, will be clearly indicated and included in the "total cost." The Company reserves the right to activate a specific section of the Site through which to sell products from previous commercial seasons, possibly applying a special discount. Notwithstanding the above, a clear material error in the price listed on the category pages and/or product sheets, compared to the commonly known price of the chosen product, entitles the Company not to confirm the shipment and to proceed with an immediate refund of the purchase value paid by the Customer without the latter being able to raise any objections in this regard. In any case, the Customer will receive timely communication from the Company's customer service.

4. PAYMENT

Payment can be made by the Customer using one of the methods listed in the "Payments" section on the Site. In the case of credit card payment, the Customer confirms they are the cardholder used for payment. After receiving the order, the Company will conduct a standard check to verify the data provided and pre-authorize the chosen payment method to ensure sufficient funds to complete the transaction. Products will not be shipped until this pre-authorization check is completed. Credit cards will be subject to verification and authorization by the card issuer, and if the entity delays or does not authorize the payment, the Company will not be responsible for the delayed or failed delivery. Therefore, a pre-charge will be executed on the Customer's credit/debit card, and the order will be temporarily accepted. The actual charge for the payment on the Customer's credit/debit card, including the price for purchasing the products and shipping costs (if applicable), as indicated in the order form, will be made when the order is finally accepted and leaves the Company's warehouse. A confirmation e-mail will be sent to the e-mail address provided by the Customer, with all relevant information about the order and delivery terms. In the case of credit card payment, financial information (e.g., credit/debit card number or its expiration date) will be forwarded via encrypted protocol to the banks providing remote electronic payment services. This information will also never be used by the Company except to complete the purchase procedures and issue the relevant refunds in case of product returns, following the possible exercise of the right of withdrawal, or if it becomes necessary to prevent or report fraud to the competent authorities. In case of payment via Scalapay, the Customer receives the order immediately and pays in 3 installments. The Customer acknowledges that the installments will be transferred to Incremento SPV S.r.l., related parties, or their transferees, and authorizes this transfer.

5. SHIPPING AND DELIVERY

International shipping is available for merchandise purchased on the Site. It is possible to view the countries to which the Company can ship goods by consulting the FAQ section. Shipping and handling rates will depend on the country to which the goods will be shipped and the delivery times requested by the Customer. It is possible to consult a list of shipping and handling rates and delivery terms by consulting the "Orders and Shipping" section. The transfer of ownership of the products will occur upon actual delivery to the Customer. As soon as the Company, through a specifically appointed courier, has delivered the goods to the address indicated by the Customer, the latter will become responsible for it, including in case of loss or damage suffered by the same from the moment of delivery. The Customer is invited to refuse the package if it appears tampered with or not intact at the time of delivery and to send prompt communication to our customer service. We will proceed with immediate verification and provide a prompt response. The Customer can choose to receive the purchased Products either at the address indicated by the customer or at a Dsquared2 store in the country of purchase among those indicated on the Site. If the delivery mode to the Dsquared2 store is chosen, the arrival of the product will be communicated via e-mail, and the collection must take place within 15 working days from the receipt of the aforementioned communication e-mail. In case of failure to collect the Product within the indicated period, the contract will be automatically terminated in all respects, and collection will no longer be possible. As a result of the termination, the Customer will be refunded the product price under the terms indicated for refunds in case of exercising the right of withdrawal. To collect the product, it will be necessary to show the store a copy of the shipping confirmation e-mail and an identity document. If the collection is made by delegation, the same must be accompanied by photocopies of the identity documents of both the delegator and the delegate. For the store collection option, payment by cash on delivery is not provided.

6. RIGHT OF TERMINATION AND RETURNS

The Customer has the right to withdraw from the contract without providing any reason and without any penalty within 14 (fourteen) days from the date of receipt of the products. To exercise the right of withdrawal, the Customer must inform the Company of their decision to withdraw from the contract through an explicit written declaration. The Customer must complete the online return form, ensuring that the products are in the same condition as when they were received, complete with all attached warranty seals. The Customer must send the package by affixing the preprinted and prepaid label to the original box (or a different but equally robust one) to cover the initial shipping label to their address. The Customer must return the goods to the address indicated on the preprinted label without undue delay and, in any case, within 14 (fourteen) days from the day on which the Customer communicated their withdrawal from the contract. The deadline will be met if the Customer sends the goods before the 14 (fourteen) day period expires. The Customer must book the return pickup by contacting the same courier who delivered the package and arranging the pickup date and time. The Customer can only ship the return from the country where the order was placed. If the Customer's return does not meet the listed conditions, the return will be rejected and will not be refunded.

Customized items can only be returned if defective. The Company reserves the right to assess each case individually. For more details, please refer to the "Returns and Refunds" section. According to Article 59 of the Consumer Code, for hygienic reasons or related to consumer health, the right of withdrawal is expressly excluded for perfumes and 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 personal underwear. Removing the applied hygienic strip is not permitted.

To best protect consumers and in compliance with hygiene and health regulations, if the anti-use tag and/or hygienic strip and/or label has been removed or if the item is not compliant, it will not be possible to accept returns of such items, which will remain available to the Customer at our warehouse, at the address indicated to the Customer by customer service, for 30 (thirty) days from the communication of the non-acceptance of the return. After this period of 30 (thirty) days from the communication regarding the non-acceptance of the return, if the Customer has not confirmed in writing their intention to receive the returned product with shipping costs at their expense or their intention to collect the product directly from the warehouse, the returned product will be kept for an additional 60 (sixty) days, after which, without the Customer's communication of their intention to collect/ship at their expense, it will no longer be possible to request the shipment of the product or its collection from the warehouse. The right of withdrawal is excluded whenever the items show, to the Company's reasonable judgment, signs of use and/or washing, and in such cases, the above procedure will apply.

7. REFUNDS

After returning the products, the Company will carry out the necessary checks regarding their conformity with the conditions and terms expressed here. If the checks are positive, the Company will send the Customer confirmation of the acceptance of the returned products via e-mail. Regardless of the payment method used by the Customer, the refund will be activated by the Company no later than 14 (fourteen) days from the day it received the goods. The refund may be suspended until the goods are received or until the Customer has provided proof of having returned the goods. This period may vary during sales periods or periods when promotions are activated. If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums, in case of exercising the right of withdrawal, will be executed by the Company, in any case, to the person who made the payment. The Company uses the couriers indicated in the "Returns and Refunds" section for returning products. Using these couriers, the Customer can return the products to the Company using the preprinted adhesive label attached to the package containing the products, without personally paying the necessary expenses. According to the methods and terms provided for exercising the right of withdrawal, this method allows the Company to pay directly, on its behalf, the costs of returning the purchased products, freeing the Customer from any obligation to pay the carrier. This method also allows for verifying the location of each package at any time, freeing the Customer from any responsibility in case of loss or damage to the products during transport. If the Customer decides to use a different carrier for returning the products than the one indicated by the Company, the Customer will have to personally pay the necessary expenses and will be responsible for any loss or damage to the products during transport, according to the methods and terms provided for exercising the right of withdrawal.

8. PRODUCT IDENTIFICATION TAG

All products sold by the Company will have an identification tag attached with a single-use seal, which is an integral part of the item. The Company invites the Customer to try the product without removing the tag and the related seal because returned products without them will not be accepted.

9. DISCOUNT CODES

Periodically, at the Company's discretion, discount codes may be offered to account holders or general promotional discount codes. Account-related discount codes can only be applied to purchases made through the account for which a discount code has been offered and registered, and for the time period for which they were granted, only on completed transactions. Promotional discount codes can be applied to all purchases or specific purchases made through the Site. The methods and any limitations of the discount code's use will be communicated by the Company through the same message notifying the existence of the discount code.

10. PRIVACY

When placing an order through our site, the Customer provides their personal data. The Company will use this personal data to process the order, deliver the goods, and provide related services. The Customer's personal data will be collected and used in accordance with the terms of the Company's privacy policy, available in the appropriate section.

11. FORCE MAJEURE

The Company's service performance may be suspended in the event of unforeseeable circumstances or force majeure that prevent or delay its execution.

12. COMPETENT JURISDICTION AND APPLICABLE LAW

These General Conditions of Sale are governed by Italian law and, in particular, by Legislative Decree no. 206 of 6 September 2005, the Consumer Code, with specific reference to the legislation on distance contracts, and by Legislative Decree no. 70 of 9 April 2003, on certain aspects concerning e-commerce. We have a complaints management procedure aimed at promptly resolving disputes. Please let us know if you have any complaints or comments by contacting customer service in the dedicated section.

It is informed that, according to Article 14 of EU Regulation no. 524/2013 and the ODR resolution referred to in Statutory Instrument no. 500/2015 in force since 15 February 2016, the European Commission has established an online platform for ODR ("online dispute resolution") derived 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, it is possible to consult the list of ODR bodies, find the link to each of them, and initiate an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show.

The Company's or Customer's failure or delay in exercising the rights provided by the contract will not preclude their subsequent exercise, except for the statutory prescription terms. If any provision contained in a contract is found to be invalid or unenforceable by law, such clause will be removed without prejudice to the remaining terms. For further clarification on these conditions, the Customer can contact the Company's customer service.