General conditions of sale

ART. 1 - DEFINITIONS

1.1 "Web site" it is the Web Site www.mydiadora.it, dedicated to the sale of Products, later on defined, objects of the General Conditions of Sale.
1.2 "Customer" he/she is the subject (physical or legal person) who purchases from the Web Site, accepting the General Conditions of Sale.
1.3 "Diadora" it is Diadora S.p.a. with registered office in Via Montello n. 80 Caerano San Marco (TV), Italy.
1.4 "Order" it is the claim form of Products, filled in by the Customer through the Web Site.
1.5 "Products" they are shoes customized by the Customer through the Web Site and that will be purchased on line by the same Customer.
1.6 "Price" it is the amount to be paid for to the sale of the Products.
1.7 "Agreement" it is the sales Contract whose objects are the Products and that is regulated by this General Conditions of Sale.
1.8 "Parties" they are Diadora and Client.
1.9 "Return form" it is the form available in the Web Site, that the Customer has to fill in and send to Diadora, if a flaw in the Products is noticed.

ART. 2 - OBJECT

2.1 The Customer can create and customize his/her proper Diadora branded shoes, choosing, among other things, model, size, colours and other decorations. At the end of this process, the Customer can buy the shoes, filling in the form present in the Web Site. The shoes will be delivered at the suggested address, within 40 days after receiving the Order Confirmation sent by Diadora.


ART. 3 - PRODUCT'S SALE CONDITIONS

3.1 The Products are purchasable only on-line and purchases and/or reservation through e-mail, fax or every other media are not accepted. Purchases on the Web Site are reserved to private Customer, so shopkeepers, wholesalers, tradesmen, professionals and similar subjects that will sell products to third party, are not allowed to purchase in our Web Site.

3.2 In order to conclude the Contract, you have to fill on the Order available in the specific section of the Web Site and transmit it, following the instructions, to Diadora. In the Order are summarized the characteristics of the ordered products and their price.

3.3 The Agreement is finished and binding for the parties when Diadora transmits the Order Confirmation to the Customer's e-mail address, indicated by the Customer at the moment of the registration in the Web Site.

3.4 With the transmission of the Order or with the registration in the Web Site, the Customer confirms to know and accept the general Conditions of sale and the other information contained in the Web Site.

3.5 The realisation of the customized Products proposed in the Web Site is subordinate to a specific request of the Customer and it's possible thanks to a procedure available in the Web Site. Return and Recess Policy of the contract, pursuant to and in accordance with Article 55, paragraph 2, of the Customer's Code, isn't allowed for the purchased Products, except for reasons beyond control of the Customer that must be suitably proved.

3.6 Product's price and typology can change, without necessity of warning.

3.7 The Customer Care s is available in the Web Site under the sections "Contacts" and "Help" or through e-mail to the address mydiadora@diadora.it for communications, necessities or clarification.

3.8 In this document are applicated the dispositions provided by D.Lgs. 206/2005 (Customer's Code).

3.9 The Privacy Protection Law is guaranteed by the application of the law D.Lsg. 196/2003.


ART.4 - TIMES AND WAY TO DELIVER PRODUCTS

4.1 Products will be delivered by an express DHL Courier at the address indicated in the Order Form by the Customer. The delivery prices, summarized in the Order and in the Order Confirmation, are charged to the Customer. Here the prices for destination country:

Destination country

Price in €

Italy 7,00
Germany 8,00
Austria 8,00
Spain 8,00
France 8,00
Great Britain 11,00
Ireland 13,00

4.2 Product's delivery times: Forty (40) working days to produce the products, plus the shipping days indicated by the DHL EUROPLUS service.

With enlisted the table with the delivery times nation by nation:

Country

Days

Austria 2/3
France 2/3
Germany 2/3
United Kingdom - area South-Centre e London 2/3
United Kingdom - North area 4
Irish Republic 3/4
Spain - Balearics 4
Spain - Canary 5
Spain - other areas 2/3

The delivery times are expressed in working days with effect from the date of the shipping communication by Diadora. Times are indicatives and can not be considered binding for Diadora. Diadora will give to the Client the number of shipping bill and the instructions to follow the Order's track.

4.3 In case of impossibility for Diadora to deliver one or more Products ordered by the Customer, Diadora can send the other Product's ordered by the Client. An incomplete delivery is valid and the Customer can't refuse it or be compensated.

4.4 At the moment of the delivery, the property and the risk concerning the transport of the Products will be transfer from Diadora to the Customer.


ART.5 - OBBLIGATIONS OF THE CLIENT

5.1 To purchase the Products, the Customer must give in the Web Site, the information necessary to order the Products. The registration is free. The Customer must give true and complete information about: personal data, address, and other useful information.

5.2 The Customer will pay the price of the purchased Products and will keep a copy of the Order Confirmation sent by Diadora to the e-mail address given by the Customer during the registration.


ART.6 - PRICE AND PAYMENT

6.1 Prices are expressed in Euro (€) and they are inclusive of V.A.T. (value - added tax) in force for the respective product category.

6.2 The total price includes the shipping costs, but not possible customs duties and/or added taxes, which could be necessary to import the merchandise in foreign countries. Every added tax for the custom clearance must be paid apart.

6.3 You have to pay with a credit card which belongs to one of this circuits: VISA and Mastercard.

After forwarding the Order, the payables will be charged on the Customer's credit card.


ART.7 - RESPONSIBILITIES

7.1 Diadora won't be responsible for delayed delivery of Products. For this reason Diadora can extend the terms, if necessary to fulfill its obligations.

7.2 Diadora isn't responsible for an eventual fraudulent and illegal use of credit cards that can be executed by a third party, during the payment of the purchased Products. In fact, Diadora will never know the number of the Customer's credit card.


ART.8 - COPYRIGHT AND BRANDS

8.1 Brands, logo and other features contained in the web site belong to the respective owners.

8.2 The use of brands, logo and other features and their replication in other web sites are forbidden for not authorized people.

8.3 The contents of the web site (texts, graphic, animation and images) are protected by copyright.


ART.9 - REPLACEMENTS

9.1 If the Customer finds flaws, changes in the Order or damaged merchandise, he can give it back within 10 days after the receiving of the merchandise, starting the return form process, prior writing communication to the web master service Diadora mydiadora@diadora.it. It will send you an apposite form to fill in and send back. After that it will send you a communication with the information necessary to proceed with the dispatch of the product. The product's delivery will be on relief of the Customer. Products must be complete and in their original packaging. As soon as Diadora will receive the Products, it will effect the reimbursement for the value of the damaged merchandise with a note credit in the current account of the Customer.

9.2 Diadora reserves the right to accept the request of the Customer verifying, after the receiving of the merchandise, the truth of the reasons indicated in the form.

9.3 If Diadora accepts the request, it will replace the Products, by sending them to the address indicated by the Client. All the expenses will be supported by Diadora.


ART.10 - DEFEASANCE CLAUSE EXPRESSED

10.1 Diadora can rescind a contract only communicating the reason to the Customer; in this case the Customer has the right to be reimbursed by the amount already paid.

10.2 The Customer has no right to have any compensation for damages, as well as any responsibility expressed or implied in the contract for direct or indirect damages to the detriment of things and people, caused by the rejected acceptance of an order, even if partial.


ART.11 - PRIVACY

11.1 All the information given by the Customer and necessary to the performance of the contract have been treated in accordance with the D.Lgs. 2003 n. 196 on "protection of personal data".

To have any other information, please consult the informative content under the section "PRIVACY".


ART.12 - THE WHOLE AGREEMENT

12.1 The Agreement replaces all the previous contracts, agreements or arrangements elapsed among the parties and it is the whole agreement among the parties about the object of the contract, with the Order, the general conditions about the use of the Web Site and the conditions about the registration.

12.2 Every change or modification of the agreement must be accepted in writing by both the parties.


ART.13 - COMMUNICATION

13.1 Diadora and the Customer can communicate only in writing, sending the communication to the e-mail address of the other part indicated in the Agreement and in the Order. Communications sent to the e-mail address of the other part, indicated in the Web Site and in the Order, are considered in writing.

13.2 Communications about the validity or the existence of the present agreement must be exclusively delivered by hand or sent by recorded delivery with an acknowledgement of recipt.


ART.14 - LANGUAGE

14.1 The Agreement is in English and Italian.


ART.15 - APPLICABLE LAW AND JURISDICTION

15.1 The Agreement will be regulated and interpreted in accordance with the Italian law.

15.2 Any controversy or arising out claim related to this Agreement, will be handled exclusively:

a) the jurisdiction of the place of residence of the Customer, if the Customer is a consumer according to the regulations in force;

b) in exclusive way the jurisdiction of Treviso, in the other case.



DIADORA S.P.A. THE CUSTOMER
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We declare, in accordance with Art. 1341 and 1342 of the Civil Code, to specifically approve the following clauses: art.3 (Condition of product's sell), art.5 (Customer's obligations), art.7 (Responsibilities), art.8 (Copyright and Brands), art.10 (Defeasance Clause expressed), art.15 (Applicable law and jurisdiction).

DIADORA S.P.A. THE CUSTOMER
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