GENERAL TERMS AND CONDITIONS OF SALE

General conditions of Sale

Date of publication on the site and entry into force 29/06/2020

 Object

1.1. These general conditions of sale (hereinafter also the "Conditions") apply to the purchase of the products  (hereinafter "Products" or the singular "Product") made through the e-commerce site (of hereinafter the "Site") by users qualifying as "Consumers" pursuant to article 1.2 below. The Site, owned by Dolce & Gabbana S.r.l., with registered office in Via Goldoni n.10, 20124, Milan (MI), tax code and VAT number. 09297890155, REA number MI - 1286913 (hereinafter the "Owner"), is managed by Triboo Digitale S.r.l. - Company of the Triboo group - with registered office in Viale Sarca 336 20126 Milan, Italy, tax code, VAT number and registration number in the Milan Company Register 02912880966 (hereinafter “TRIBOO DIGITALE”).

     1.2. TRIBOO DIGITALE deals with the sale of Products through the Site on behalf of the Owner. Purchases of Products made through the Site will see TRIBOO DIGITALE as parts, as the seller (hereinafter the "Seller"), and the person who proceeds to purchase one or more Products for purposes not related to their business, commercial, craft or professional, as a buyer (hereinafter the "Consumer"), (Seller and Consumer will be hereinafter collectively referred to as the "Parties"). The purchase order fulfillment activities, including the delivery of the Products, will be managed directly by TRIBOO DIGITALE.

1.3. The Owner is not a party to these Conditions, but the owner of the rights to the domain name of the Site, logos and trademarks relating to the Products presented on the Site, as well as the copyright on the contents of the Site.

1.4. Any communication from the Consumer connected and / or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and at the email address support@dolcegabbanaprivatesales.com

1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.

1.6. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Subjects who are not Consumers are advised not to execute purchase orders.

1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions are sent by e-mail to the address declared by the same during registration on the Site or during the purchase process. .

1.8. In order to make purchases through the Site, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess.

1.9. Any costs for Internet connection to the Site, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.

2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is placed by the Consumer, with the exclusion of any other condition or term.

2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded from from that date.

2.3. The prices, the Products for sale on the Site and / or their characteristics may be subject to change without notice. These changes operate only for orders not yet confirmed on the date of the change itself. In any case, before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.

2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request their delivery in one of the countries indicated on the Site.

 How to purchase the Products - Completion of each individual purchase contract

3.1. The presentation of the Products on the Site, which is not binding for the Seller, is a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.

3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these Conditions, which form an integral part of the order itself and that the Consumer, by transmitting the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command and to memorize or reproduce a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.

3.3. The Consumer's purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the latter to the Seller at the time of registration on the Site or the transmission of the order if the Consumer is not registered on the Site. , an e-mail confirming the order itself, which will contain the link to the text of these Conditions, the summary of the order made, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be filed electronically by the Seller in its IT systems and the Consumer may request a copy by sending an e-mail to the Seller at support@dolcegabbanaprivatesales.com .

3.4. Each purchase contract for the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.

4. Procedure for selecting and purchasing the Products

4.1. To select and purchase the Products, the Consumer must have logged in to the Site. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. After the selection of the Products, in order to purchase the Products placed in the cart, the Consumer will be invited to provide their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the Products selected, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made in order to complete the order and allow the completion of the contract. , The Consumer will display a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these Conditions, by means of the appropriate check-box on the Site and finally, through the "Enter order" button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of these Conditions. The Consumer will also be asked to choose the shipping method and the payment method, among those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card, the purchase amount will be charged exclusively at the time of transmission of the order confirmation from the Seller to the Consumer.

4.2. If during the procedure for selecting the Products on the Site referred to in point 4.1 above, the Consumer finds that the price of one or more of the Products he intends to select for the next purchase is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to an obvious technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller's Customer Service by sending an e-mail to the support@dolcegabbanaprivatesales.com email address.

5. Delivery of goods and acceptance

5.1. The Site indicates the availability of the Products. However, this information is to be considered purely indicative and not binding for the Seller. It should be noted that as this is a private sale, the quantities of the Products are limited and run out quickly. Therefore, the Products selected and included in the virtual cart may also no longer be available at the time the order is completed.

5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery in a maximum time of 25 (twenty-five) days starting from the day following that in to which the Consumer sent the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following par. 5.3.

5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, among those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defect in the Products received or of their discrepancy with the order placed, according to the procedure of referred to in the following art. 8 of these Conditions, failing that, the Products will be considered accepted. Should the packaging or wrapping of the Products ordered by the Consumer arrive at their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier / forwarder or to accept delivery "subject to".

 6. Prices, shipping costs, duties and taxes

6.1. The price of the Products is that indicated on the Site at the same time as the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are calculated before the confirmation of the order sent by the Seller to the Consumer and that the same Consumer undertakes to pay the Seller in addition to the price indicated on the Site.

Shipping costs are free for orders equal to or greater than 495 Euros (four hundred ninety-five / 00 Euros). In case of orders below Euro 495 (four hundred ninety-five / 00 Euro), the shipping costs will be charged to the Consumer. View the shipping conditions here

6.2. It should be noted that the Products are intended for the personal use of the Consumer, that their purchase must not have any connection with the latter's professional activity, including the resale of the Products themselves.

The Consumer must pay the total price to the Seller, as reported in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.

6.3. If the Products are to be delivered in a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Consumer undertakes from now on to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the Products will be delivered . The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products.

6.4. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever, to the Products ordered under these Conditions are the sole responsibility of the Consumer.

6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or taxes referred to in the previous paragraphs. 6.3. and 6.4., at the time of sending an order to the Seller, it cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.

 7. Payments

7.1. The payment of the price of the Products purchased through the Site must be simultaneously with the transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin at the time the price of the purchased Product (s) is credited to the Seller's current account.

7.2. Payment can be made by credit card, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.

7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Shopify Payments. The transmitted data will be sent in secure mode, through the encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.

7.4. The Seller will promptly send the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.

8. Seller's legal guarantee of conformity, reporting of lack of conformity and interventions under warranty

8.1. Pursuant to and for the purposes of the European Directive 771/2019/ EC and the Italian Legislative Decree no. 206/2005 (hereinafter "Consumer Code"), the Seller guarantees to the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery. of the Products to the Consumer. The application of any guarantee is excluded in case of use or washing of the Product that does not conform to that of the Product and to the instructions / warnings provided by the Seller and / or the Owner, or reported in the reference illustrative documentation, in the tags or in the labels. The Seller also guarantees that the good is of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in a good of the same type. 

8.2. The Consumer can report any defects and non-conformities  by sending the Seller's Customer Service to the Customer Service, by e-mail to the address support@dolcegabbanaprivatesales.com with indication of the defect and / or non-conformity found, as well as the related documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by Seller and / or the tax receipt). The action aimed at asserting the defects not maliciously concealed by the Seller will expiry in any case after twenty-six months from the delivery of the Products to the Consumer. 

8.3. Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a reply, containing the "Return Code", by e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the "Return Code", within 30 (thirty) days of reporting the defect or non-compliance, as follows address:

8.4. In the event of defects or non-compliance, the Consumer will have the right to have the Product restored to conformity by the Seller, by repair or replacement, or to alternative remedies in the cases expressly provided for by the Consumer Code.

If the Seller has undertaken to reimburse the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer, within 14 (fourteen) days. It will be the responsibility of the Consumer to communicate to the Seller, again via e-mail at support@dolcegabbanaprivatesales.com, the bank details to make the transfer in his favor and to ensure that the Seller is in a position to be able to return the amount due .

9. Liability for damage from defective products

9.1. As regards any damage caused by defects in the Products, the provisions of the Consumer Code apply. In its capacity of distributor of the Products through the Site, the Seller frees itself from any liability, none excluded and / or excepted, indicating, at the request of the damaged Consumer, the identity and address of the relevant manufacturer..

10. Right of withdrawal

10.1 Without prejudice to the exceptions referred to in Article 59 of the Consumer Code, the Consumer is entitled to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reasons and without any penalty, within the period of 14 ( fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately with a single order, the last product was delivered.

10.2 To exercise the right of withdrawal, the Consumer, before the expiry of the term referred to in paragraph 10.1 above, can send an explicit declaration by e-mail support@dolcegabbanaprivatesales.com of his decision to withdraw.

10.3 Following the provisions of point 10.2 above, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing, in the event that he has already received the ordered product in the meantime, the return form to be included in the package, and the instructions for return the product, to be sent no later than the following 14 days to:

10.4 If the Consumer has received the product, he is required to return it to the address above without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as proof of this, will be borne by the Consumer.

10.5 In the event of withdrawal, the Consumer will be refunded the value of the returned goods, without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs arising from the different means of payment will be charged to the Consumer. The refund may be suspended until receipt of the goods or until the Consumer has demonstrated that he has returned the goods, whichever is earlier.

10.6 The right of withdrawal is exercised correctly if the following conditions are met:

10. The return authorization request has been correctly filled in and / or sent to the Seller within the times indicated in paragraph 10.1
11. The products have not been used, worn, washed, damaged or altered.
12. The identification tag is still attached to the products with the disposable seal. All products offered for sale by the Seller are equipped with an identification tag attached with a disposable seal, which is an integral part of the asset.
13. The products have been returned in their original packaging complete with any accessories shipped together with the products (e.g. dust bags).
14. The returned products have been shipped within fourteen (14) days from the date of notification of withdrawal.

The right of withdrawal can be exercised only if all the required conditions are met. The Consumer will be contacted if the return cannot be accepted because it does not comply with the above conditions. In this case, the Consumer can choose to have the purchased products back at his own expense. If, on the other hand, the Consumer does not want to have the purchased products back, the Seller reserves the right to keep the products and the corresponding amount for the purchase of the products.

For more information visit the "Returns and Refunds" section.

11. Intellectual Property Rights

11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Dolce & Gabbana and / or its successors in title, without the Consumer having any rights over the same from accessing the Site and / or purchasing the Products.

11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Dolce & Gabbana.

12. Consumer data and privacy protection

12.1. In order to proceed with registration, placing the order and then concluding the contract on the basis of these Conditions, some personal data from the Consumer are requested through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by Dolce & Gabbana in accordance with and in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the "protection of individuals with regard to to the processing of personal data and the free circulation of such data "(hereinafter" GDPR "), of Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code and all applicable legislation on the processing and protection of personal data, to execute each purchase made through the Site and, with your consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.

12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.

12.3. For any further information on how to process the consumer's personal data, please access the Privacy Policy section and read the Terms of Use carefully.

13. Security

13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.

13.2. With regard to data relating to payments by credit card, the Seller uses the services of Shopify Payments which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

14. Applicable law, attempt at conciliation and competent court

14.1. Each sales contract concluded between the Seller and the Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by the legislative decree of 9 April 2003. n. 70 on certain aspects concerning electronic commerce. In any case, the rights eventually attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.

14.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer will be able to promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on RisolviOnline regulations or to send a conciliation request, access www.risolvionline.com.

14.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, which can be selected from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's email address to be indicated in the European ODR Platform is as follows: support@dolcegabbanaprivatesales.com

14.4. If the conciliation attempt referred to in paragraph 14.2 or 14.3 above is not accepted, or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.