Terms and Conditions
GENERAL CONDITIONS OF SALE (“GCS”)
1. Scope of application of the General Conditions of Sale
These Conditions of Sale exclusively govern the purchase of products and accessories made through the Website www.diadora.com ((hereinafter “the Website”). They have been formulated and provided in accordance with the provisions of applicable law, as well as any other rule of law on consumer protection and applicable to electronic commerce.
The General Conditions of Sale applicable are those in force at the time the Customer confirms the order in the manner provided for in art. 4. By placing a purchase order, the Customer declares that he/she is aware of and fully accepts the conditions of sale. Their acceptance is a necessary condition for the conclusion of the contract.
The products can only be purchased for personal use and any form of unauthorised sale to third parties is prohibited.
2. Parties to the contract
The parties to the contract are as follows:
- DIADORA US Inc. (hereinafter also referred to as “Diadora”) a Delaware Corporation, with operative Office at 1901 South 9th Street, Bok Room 419-422, Philadelphia, PA 19148 Federal Tax ID no 81-1856916.
- Customer: the party (natural person of age or legal entity) whose details are indicated in the order form.
3. Features and prices of the products for sale
The products sold on the Website are original products, bearing Diadora trademarks and with quality standards corresponding to those described on the Website.
The essential features of the products can be found on the Website, within each dedicated product sheet. However, the images and the colour of the products may vary and may not correspond exactly to the actual product (by way of example only, due to the different display of the video, the effect of the browser used and/or modification of the packaging).
The products sold by the Website are delivered to the Customer with an identification tag attached with a disposable seal.
The products are offered at the price indicated on the Website at the time the Customer confirms the order in the manner provided for in art. 4. Prices are inclusive of VAT, which will be detailed on the purchase invoice of the product, where issued.
However, they do not include the costs of transport and delivery, which will be indicated separately in the final section of the summary, available before sending the order, and in any case specified in the order form sent by e-mail to the Customer.
Product prices may be subject to updates. The Customer must check the final sale price available on the Website before proceeding with the order, particularly in the cases where a period of time elapses between the selection and insertion of the Product in the cart and the actual completion of the purchase.
4. Conclusion of the contract
Customers who intend to place an order for the purchase of one or more products on the Website must fill out the order form in electronic format and send it filled out following the relevant instructions in order to successfully complete the purchase transaction.
The order form contains a reference to these General Conditions of Sale and to the Notice on the Right of Withdrawal, as well as a summary of the information on the essential features of each product ordered and the relative price (including all applicable taxes or duties), the means of payment accepted and the methods of delivery of the products purchased, the shipping and the delivery costs, the conditions for exercising the right of withdrawal and the methods and times for returning the products purchased.
Before proceeding to purchase products, the Customer must carefully read these General Conditions of Sale and the Notice on the Right of Withdrawal, which can be consulted on the Website at the following address and also printed, stored or reproduced for personal use.
By sending the order form, the Customer declares to have read and understood the information on the processing of personal data and to have understood and accepted the contents of the order form, as well as the General Conditions of Sale and the legislation on the Right of Withdrawal.
The contract is concluded when Diadora receives the order form electronically, after checking that the data relating to the order is correct. Once the contract is concluded, Diadora will begin processing the purchase order.
The order form will be stored in the Diadora database for the period of time necessary to process orders and in any case within the terms of the law. The Customer may view the orders placed by entering his/her personal area or by entering his/her e-mail address and order number in the appropriate section of the Website, at the following address.
Diadora reserves the right not to process purchase orders that are incomplete or incorrect, that are made with credit cards that do not belong to the circuits indicated on the Website, that are overdrawn, expired or blocked, or for which authorisation has not been granted by the banking circuit for any reason whatsoever, or if the products are unavailable. In all such cases, Diadora will promptly inform the Customer by e-mail that the contract cannot be fulfilled and that Diadora will not process the purchase order, specifying the reasons.
If the products displayed on the Website are no longer available or on sale at the time of the last access to the Website or at the time the order form is sent, Diadora will inform the Customer, promptly and in any event within 7 (seven) days from the day following the day on which the order was sent to Diadora, that the products ordered are no longer available. If the order form is submitted and the price is paid, Diadora will refund the relevant amount. In such cases, the Customer will not be entitled to any further compensation and/or indemnity.
Once the contract has been concluded, Diadora will send the Customer, by e-mail, a receipt for the purchase order, containing the information already present in the order form (reference to the General Conditions of Sale and Notice on the Right of Withdrawal, information on the essential features of the product and detailed indication of the price, means of payment, right of withdrawal and delivery costs).
5. Further conditions of sale
The language available to conclude the contract with Diadora is the language chosen by the Customer at the beginning of browsing the Website.
The Products that may be ordered individually by each Customer may be subject to quantity limitations (minimum or maximum) at Diadora's discretion, including on the basis of the promotions active on the Website. For any requests for orders exceeding the limitations, please contact Customer Care at the e-mail address firstname.lastname@example.org or by calling the free-phone number on the days and at the times indicated on the Website.
Discount codes and promotional codes offered by Diadora are subject to personal use and/or linked to an e-mail address, valid only for the Products and for the period of time indicated from time to time. Discount codes and promotional codes are not refundable and cannot be combined, unless otherwise provided for in the regulations or in any communications accompanying the promotional initiatives. In order to take advantage of the promotions related to discount codes and/or promotional codes, the Customer must enter the discount code or promotional code in the space provided during the process of completing the order. Once entered, the discount is automatically applied to the order. Once the purchase order has been submitted, it will no longer be possible to enter the discount code.
6. Payment methods
Diadora accepts payments on the Website through the following systems:
- Credit/Debit Card
- Payment Wallet
- Direct Online Banking
- Direct Debit
- Open Invoice
- Other types of payment may be indicated directly on the Website.
Payment will only be made in the currency indicated at the time of purchase.
Where payment by credit card is selected, financial information (for example, credit/debit card number or expiry date) will be forwarded via encrypted protocol to ADYEN / PAYPAL or to other banks that provide remote electronic payment services, without third parties having any access to it whatsoever. Furthermore, this information will never be used by Diadora, except to complete the procedures relating to the purchase for which it is provided and to issue refunds in the event of any returns of Products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Website.
The price for the purchase of the Products and the shipping costs, as indicated in the order form, will be charged at the time of purchase.
The purchase invoice, if requested by the Customer during the order confirmation process by selecting the specific flag “Request Invoice”, will be issued and transmitted to the Customer in the manner and within the time required by law.
7. Product shipping
Shipments and deliveries of the products ordered on the Website will be made exclusively within the national territory of the Shipping Country selected at the beginning of browsing the Website (always modifiable), with the exception of some specific territories (e.g. free zones, overseas territories, areas with special tax regimes, etc.) as indicated at the following link.
Shipments cannot be made to P.O. Boxes and Poste Restante locations.
Diadora will ship the products ordered by the Customer by express courier, approximately within 24/48 working hours of when the order is accepted. Delivery generally takes place within 3/5 working days. The times reported for the receipt of goods are indicative.
Diadora will accept any reports of non-delivery or delayed delivery of Products through Customer Care at the e-mail address email@example.com or by calling the free-phone number on the days and at the times indicated on the Website.
In the event of failure to collect the products delivered to the address indicated by the Customer, the latter must verify directly with the courier in charge from time to time the procedures for any redelivery or collection from storage. If the courier is unable to deliver the Products and returns the Products purchased by the Customer to Diadora, Diadora will credit the Customer with the price paid by the same method of payment used, less shipping costs and storage costs.
8. Verification of delivered products
Any damage to the product visible at the time of delivery or the mismatch in the number of packages delivered with respect to the Products expected on the basis of the order must be immediately reported to Diadora, with a specific indication on the delivery document if the damage is visible without the need to open the package. By signing the courier's document, the Customer certifies the external integrity of the Product.
Any defects that are not evident and that cannot be verified at the time of delivery (for example: defects relating to the physical integrity of the products inside the package, the mismatch of sizes ordered or the completeness of the products received) must be reported in the manner indicated in art. 12 below, by contacting Customer Care at the e-mail address firstname.lastname@example.org or by calling the free-phone number on the days and at the times indicated on the Website. Customer Care will carry out the return and refund procedure.
If requested at the time of the order, Diadora will issue an invoice for each order placed by the Customer, if he/she has issued all necessary information, which must be provided by the Customer at the time of registration or on the order form. Incomplete or incorrect invoicing information will prevent Diadora from issuing an invoice.
No changes to the data indicated on the invoice will be possible after the invoice has been issued.
10. Right of withdrawal
This article 10 of the general conditions is applicable only to Customers acting as consumers and not for purposes related to their commercial, entrepreneurial or professional activity.
Unless a different term is provided for by law, the Customer may exercise the right to withdraw from the contract within and no later than 14 (fourteen) days from the date of delivery of the Products purchased from the Website.
In order to exercise the right of withdrawal and to obtain a refund of the amount already paid (including delivery costs), the Customer must fill in and send the withdrawal form on the Website (link) by e-mail to nel Sito tramite e-mail email@example.com or by calling the free-phone number on the days and at the times indicated on the Website.
Notification of withdrawal given to an e-mail address other than that indicated (firstname.lastname@example.org) cannot be considered effective.
In order to make the withdrawal, products must be returned intact, except for handling necessary to verify the nature, features and operation of the product and its correspondence to the order.
If the value of the products has decreased due to handling other than that necessary to establish the nature, features, operation and correspondence to the order of the products, Diadora will refund the Customer the amounts received after deducting the decrease in the value of the products.
When exercising the right of withdrawal, the replacement of the Product purchased with another one cannot be directly requested. To purchase a new Product, the Customer must place a new and separate order.
In any case, the right of withdrawal is excluded in the following cases:
- - the Products have been custom-packaged or personalised;
- - sealed Products are not suitable for return for reasons of hygiene or health protection and have been opened after being delivered.
The Products must be returned, if possible, in their original packaging, within 14 days from the date on which the Customer informed Diadora of the intention to withdraw from the contract by means of the relevant withdrawal form. The address for the return of the Products is Savino Del Bene S.p.A. – Los Angeles- 1650 Charles Willard St, Carson, CA 90746 USA.
The shipping costs for the delivery of the return are borne by the Customer (unless otherwise noted).
After the period of 14 days from the date on which the Customer received the Products or in the case of Products that are not suited to being returned as indicated in this article, the Customer does not have the right of withdrawal. If the Customer has returned the Products to Diadora, Diadora will return the purchased goods to the Customer and charge the Customer for the shipping costs.
11. Time and method of refund following the exercise of the right of withdrawal
This article 11 of the general conditions is applicable only to Customers acting as consumers and not for purposes related to their commercial, entrepreneurial or professional activity.
Upon receipt of the notice of withdrawal in the manner set out in art. 10 and once the Products have been returned, Diadora will verify the satisfaction of the terms and conditions for the exercise of the right of withdrawal.
If Diadora approves the withdrawal request, it will contact the Customer by e-mail to the address provided in the withdrawal form to confirm the acceptance of the return of the Products and to agree on the methods of refund of the purchase price, including the original delivery costs. Additional original shipping costs, i.e. if the Customer has expressly chosen a type of delivery other than the standard method, as well as the costs of returning the Products following the exercise of the right of withdrawal, are excluded from the right to refund.
Once the refund method has been agreed, after verifying the correct execution of the right of withdrawal and the integrity of the returned Products, Diadora will refund the Customer within 14 (fourteen) days of the return of the Products.
If the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase do not correspond, the refund of the amount paid, in case of exercise of the right of withdrawal, will be made in favour of the person who made the payment.
In case of correct exercise of the right of withdrawal by the Customer who has purchased on the Website and requested an invoice, Diadora will make available to the Customer the credit note relating to the Product subject to withdrawal.
All products sold by Diadora are covered by the legal warranty for non-conformity in accordance with the applicable legislation.
Unless otherwise provided for by law, the Legal Warranty is valid for 2 (two) years from the date of delivery of the products and covers non-conformity of the Product at the time of purchase. If the non-conformity becomes apparent within the first year from delivery of the product, it is assumed - unless proven otherwise - that it already existed upon delivery, unless this assumption is incompatible with the nature of the goods or the nature of the non-conformity.
Any action seeking to claim non-conformity which has not been fraudulently concealed by Diadora will be prescribed, in any event, within 26 (twenty-six) months from delivery of the Product.
In the event of non-conformity, the Customer may initiate the procedure for the return and refund of the non-conforming Product without further expense.
In order to benefit from the conformity warranty, it is advisable to keep and show the purchase documents of the product. For further information on the legal warranty of conformity for consumers, as well as to benefit from the remedies provided by the legal warranty in relation to products purchased from Diadora, the Customer may contact Customer Care at email@example.com or by calling the free-phone number on the days and at the times indicated on the Website.
Upon receipt of the report, Diadora will arrange for the collection of the defective product at its own expense. The products must be returned to Diadora with all the accessories included in the packaging and properly packaged. Diadora will refund the Customer within a period not exceeding 14 (fourteen) days of the return of the Products.
13. Force majeure
Diadora cannot be held liable if it is unable to process the order or if it is delayed due to force majeure (by way of example but not limited to, production stoppages imposed by legislative or administrative measures, epidemics, strikes, severe weather events, fires or floods), even if such events prevent or delay the activity of the courier in charge of delivering the product ordered.
14. Applicable law and competent court
These Conditions of Sale are governed by Italian law with specific reference to the regulations on distance contracts and other regulations applicable in Italy in relation to sales outside business premises, as well as in relation to e-commerce, without prejudice to the application of different binding provisions.
For civil disputes, the Judge of the place of residence or domicile of the Customer has the exclusive jurisdiction, in accordance with the Italian law in force at the time of conclusion of the contract.
15. Concluding provisions
For any questions concerning the Products or their features, Diadora may be contacted by e-mail at firstname.lastname@example.org or by calling the free-phone number on the days and at the times indicated on the Website.
Please refer to the Privacy section for information on the processing of personal data.
TERMS AND CONDITIONS OF USE OF THE WEBSITE
For the use of the Diadora Website and for the use of its contents and services by the Customer, the latter accepts the following terms and conditions of use of the Website in their entirety while browsing the Website, in each phase of consultation and use, and the use of the online services made available by Diadora.
The Website is registered to companies of the Diadora group. All images, photographic representations, logos, drawings, graphics, designs, texts, documents, music, videos, information and in general all content available on the Website and the related processes are property of Diadora and may not be used and/or reproduced, in whole or in part and in any manner or form, by the Customer or by third parties appointed by the Customer, unless expressly authorised by Diadora. Any unlawful or otherwise unauthorised use of the Diadora Website is prohibited and Diadora reserves the right to claim damages for such unlawful use.
Diadora will not be liable to the Customer for fraud, computer attacks, alteration or destruction of data, and any other undue and malicious intrusion by third parties against the Customer, its data and its computing devices, which occurs outside the network and control systems that are traceable to Diadora's organisation.
In making the Website and its contents available to its Customers and any third parties, Diadora declares that: (i) the information contained in the Website has no claim to be exhaustive, and is of a commercial, promotional and advertising nature; and (ii) it does not guarantee the accessibility and full connection to the contents of the Website. Any damage that may arise during and from browsing the Diadora Website, such as interruption of connection and/or computer viruses, cannot be charged to Diadora.