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WEBSITE TERMS OF USE AND INTELLECTUAL PROPERTY.
Access to and browsing this “Website" imply acceptance by the user (“User”), of the provisions specified in these Website Terms of Use (hereinafter “Website Terms of Use” or, in short, “Terms of Use”). Users who do not intend to accept the contents of the Terms of Use should stop accessing and browsing the Website.
The Terms of Use are an integral part of the legal notices of the Website. 3.0 Fashion reserves the right to change, as a whole or in part, the Terms of Use. The User who does not accept these changes should consider whether or not to continue browsing. Use of the Website after publication of these changes implies acceptance of these changes by the User.
The Website Owner is 3.0 Fashion s.r.l., Via Monte Pastello No. 5/D, 37057 - San Giovanni Lupatoto (VR), VAT No. 04469930236 ("3.0 Fashion" or otherwise the "Owner”.
1. Website Activities The Website shows, publishes, promotes, sells and distributes the Owner’s products (“Products") under the registered “Dismero” brands and other Owner’s brands (jointly the “Owner’s Brands"), whether registered or not. There are many functions in the Website to inform Users about the Products and services in the Website and make placement of Orders easier.
These include, for example, making it possible for Users to: register on the Website, activating a personal account to have access to reserved areas and contents; subscribe to mailing lists to receive newsletters relating to the Products and to Website initiatives; participate in promotional initiatives. Users are asked to provide true and correct personal data and to keep their personal data provided during registration up-to-date ("Personal Data").
Likewise, they are asked to read the Privacy Policy and the Cookie Policy concerning processing of Personal Data and the rights granted to Users by the privacy protection law in force.
2. Website contents and intellectual property All information, photographic materials, products and, more generally, all or any part of the contents of the Website (“Website Contents”) are the property of 3.0 Fashion or the predecessors in title of 3.0 Fashion. All Website Contents are protected by regulations safeguarding intellectual property including, for example, regulations on copyrights, patents, brands, or other international laws and treaties concerning intellectual property rights. It is prohibited to copy, download, distribute, change, create derivative works or excerpts, publish or otherwise use or exploit the Contents of the Website without prior consent in writing from the Owner or, as the case may be, from another owner of the relevant rights when these activities are not explicitly allowed by notice posted in the Website. Reproduction of Website Contents is prohibited for the purpose of sale, commercial distribution, insertion or posting in other unauthorized websites or, in any case, for professional purposes. All the Owner’s Brands, whether registered or not, trade names, logos and other distinctive marks of the Products and services being used, displayed or in any case included in the Website are the sole property of the Owner or persons connected thereto or of the respective licensees or providers of contents. These Terms of Use do not grant the Users nor the customers who purchase Products or services on the Website (“Customers"), nor third parties any right to use the Owner’s Brands. Use of these Brands for entrepreneurial, commercial or promotional purposes by Users, Customers and third parties is strictly prohibited without prior consent in writing from the Owner.
3. Third-party contents The Website may include, use or display contents created by third parties, information got from public sources and/or links to external websites or web pages managed by third parties: “Third-Party Contents". The Owner does not perform any control or monitoring over Third-Party Contents and therefore assumes no liability concerning the accuracy, security or reliability of Third-Party Contents and cannot ensure, nor does it ensure, that these Third-Party Contents are free of viruses or other functions which may damage the Users’ data and/or assets. 3.0 Fashion disclaims all liability towards Users for any losses or harm they may incur that are connected to use of any Third-Party Contents. In specific cases the Website may include links to third-party websites which are not the property of or are subject to management or control by 3.0 Fashion ("Third-Party Websites"). Their contents are beyond any control by 3.0 Fashion which, therefore, disclaims any liability concerning the correctness, completeness and lawfulness of Third-Party Websites. 3.0 Fashion disclaims any liability for the contents of Third-Party Website pages and for any consequences stemming from User access to and browsing these Third-Party Websites.
4. Guarantees In no way does the Owner guarantee that the Website, including the relevant Website contents, services and functions, will be free of interruptions, nor that any defect found in the Website will be rectified nor that use of the Website will produce any specific result. The Website and the Contents of the Website are provided in the state in which they are found and to the extent to which they are available. The Owner, in addition to the foregoing, will not recognize any explicit or implicit guarantee, including any guarantee regarding accuracy, completeness, non-infringement of third-party rights, merchantability or eligibility for a specific purpose.
5. Use of the Website Users may only use the Website and the Contents of the Website for personal purposes without commercial ends and in compliance with the Terms of Use and with all of the existing regulations. In no way may use of the Website entail setting up of any professional relationship with the Users, even when they are involved in publication of reviews, contributions, posts of any kind, not even on account of agency relationship or editorial collaboration. The Owner reserves the right to stop or suspend access or use of the Website to one or more Users, even without notice, when it deems that the Website Terms of Use have been infringed or when this is necessary for safety reasons.
6. Personal account In case of creation of a personal Website account ("Account"), the User undertakes to provide true and accurate personal information during registration and to keep this information duly updated. The registered User is asked to preserve his/her credentials for accessing the Account in an appropriate manner and not to disclose them. The registered User must promptly notify the Website of any unauthorized use of his/her Account access credentials. The registered User is liable for any activity performed through his/her Account and may be required to answer for any damage whatsoever resulting from improper use of his/her Account access credentials or for any misuse of the services provided by the Account.
7. Limitation of liability The Product information given on the Website is understood to be published for mere descriptive or promotional purposes. 3.0 Fashion, despite its commitment to ensure that information available on the Website is accurate and constantly updated, does not recognize any guarantee for correctness, completeness, accuracy or updatedness of the information in the Website including, for example the descriptions of the Products, services, prices and/or statements of availability that are in the Website. Appearances and colors displayed depend on the settings of the User’s device. It is impossible to guarantee that the User’s device correctly displays the colors of the images published on the Website.
The Website may change or remove, temporarily or permanently, some of the Products and/or services or change prices to the consumer for these Products or services without giving any notice to Users about carrying out of these changes. 3.0 Fashion shall in no way be liable towards Users, Customers or third parties for any damages or losses stemming from use of the Website and/or the Website Contents, including the information in the Website (and in particular the information relating to the Products on sale) without prejudice to binding legal limits. Users are asked, concerning the Product purchase procedure, to look over the “General Terms of Sale”. 3.0 Fashion disclaims any liability for any direct or consequential damage, irrespective of the cause, origin, nature or consequences including, by way of example, costs incurred or any other loss of intangible assets stemming from use of the Website or from impossibility of using it or from reliance placed in the information, either directly or indirectly, available on the Website.
The User, finally, agrees to indemnify and hold 3.0 Fashion or another company in the 3.0 Fashion Group, harmless from and against any lawsuit, claim, complaint by third parties and related damages and expenses, including legal fees, stemming from or connected to irregular and/or illegal use of the Website and/or the Website Contents, as defined below, by the User or by subjects under its guardianship or direction. These Terms of Use are subject to copyrights. Any reproduction, even partial, is, therefore, prohibited. Every user who browses the Website ("User") is asked to look over the Contract before finalizing a purchase order for Products on the Website “Order”.
As a matter of fact, sending an Order implies acceptance thereof.
Any amendment to the Contract becomes forthwith effective when published on the Website and shall govern all subsequent Orders. Terms and Conditions of Sale The General Terms of Sale for purchase of Dismero products (“Products”) shown in this website (“Website”) of 3.0 Fashion s.r.l., Via Monte Pastello, No. 5/D, 37057 – San Giovanni Lupatoto (VR), VAT No. 04469930236 ("3.0 Fashion” or, otherwise, the “Seller”), are part of this sales contract (“Contract”). Every user who browses the Website (“User”) is asked to look over the Contract before finalizing a purchase order for Products on the Website (“Order”). As a matter of fact, sending an Order implies acceptance thereof.
Any amendment to the Contract becomes forthwith effective when published on the Website and shall govern all subsequent Orders.
1. Customers Orders can be finalized on the Website only by natural persons who have the legal capacity to enter into binding agreements in accordance with the law in force and who act for purposes alien to any entrepreneurial or professional activity which they may perform (“Customers"). Customers must, where requested, provide their first and last name, date of birth, email address and Product delivery address, tax code and other personal information. This information must be true, accurate and constantly updated.
The User may not place Orders on the Website under the name or using the credentials of another person unless he/she has been specifically authorized to do so by the party entitled. It is prohibited to purchase Products for resale.
2. Acceptance of an Order – Sales Contract The customer, after he/she electronically sends an Order, shall receive a specific email confirming reception of the Order. This communication notifies the Customer that the Order has been received and gives him/her the relevant unique Order identification code. In no way does it imply acceptance of the Order by the Seller. If the Customer finds one or more of the data stated in the email to be incorrect he/she must promptly inform the Seller’s customer service ("Customer Service") by sending an email to: office@dismero.it or through the link included in the Order reception confirmation. Acceptance of the Order by the Seller only takes place the moment the Seller sends the Customer its Order acceptance confirmation (“Order Confirmation"), usually coinciding with shipment of the Products. The relevant Contract is considered to be finalized the moment the Customer receives the Order Confirmation. Before this time the Seller reserves the right to refuse an Order when it deems it expedient.
The Seller, in particular, shall not be liable on any account in the event that an ordered Product has been removed from the Website after sending in the relevant Order. As a matter of fact, it may happen that the Website shows, by mistake, Products that are not available at the time. In the event of partial unavailability of the Order, the Customer Service shall contact the Customer to check the latter’s willingness to (a) receive a Partial Order, (b) receive the complete Order in several shipments or (c) cancel the Order. Whereas, in the event of total unavailability of the Order the Customer Service shall contact the Customer to inform him/her that the Order may not be processed and shall cancel the relevant Order. In this case, no charges shall be made to the Customer. Whenever the Customer wishes to receive the purchase in a country other than the country stated in the shipping form he/she must, before putting any article into the shopping cart, change the place of shipment, selecting the destination place.
3. Payments Orders may be placed using the major credit cards, debit cards or the other means of payment made available on the Website (collectively, the “Means of Payment”). The Seller shall charge the purchase price, as defined below (“Price”), when the Order is accepted. Security checks of the Means of Payment chosen by the Customer for the Order may be carried out prior to acceptance of the Order or a pre-authorization or pre-charge may be performed for precautionary purposes. The Seller makes use of a primary payment gateway to authorize Order payments ("Payment gateway"). The Seller, consequently, does not handle any financial information related to the Means of Payment used by the Customer nor does the Website process any financial information provided to finalize the Order.
The payment Gateway protects credit or debit card details by encrypting sensitive information to ensure that it is transmitted in security. The Website uses the Secure Socket Layer (SSL) technology to ensure the highest level of security for each Order. Payment data will be processed by the payment gateway for anti-fraud purposes, pursuant to directive 2015/2366 (EU), and subsequent amendments, on the payment services in the European market (cd. PSD2) . In the remote possibility of error, negligence or wrongdoing by the payment Gateway and the payment intermediation systems related to management of the transaction connected to an Order neither the Seller nor the Website may be held liable for said error, negligence or wrongdoing. The Seller reserves the right to delete a transaction and cancel the relevant Order in case of notice of fraudulent use of the Means of payment of the Order. Moreover, the Seller shall not be liable in case of any unlawful use of a Means of Payment by third parties that is not due to its error or negligence.
4. Shipments and deliveries 3.0 Fashion avails itself of major carriers to ship and deliver its Orders. The Seller undertakes to deliver the Orders to Customers with precision and rapidity, in compliance with the delivery times specified in the Website during purchasing and, in any case, within 30 (thirty) days of date of sending of Order Confirmation to the Customer. Order Confirmation is sent to the Customer the moment the Products are delivered to the carrier for shipment. Delivery times may vary in certain circumstances such as, for example, during end of season sales, holidays or periods of company closure. The Seller may not be held liable for delivery delays that are not due to its fault or negligence. The Seller, therefore, shall be released from any liability for delays due to force majeure causes, strikes, natural disasters, events related to customs clearance procedures and any other fact related to provision of carrier services or any other circumstance beyond its control. The Order Confirmation specifies the tracking number with which the Customer can monitor the Product delivery and shipping process on the website of the relevant carrier. The Customer is asked to do everything possible to make delivery of the Order easier, making himself/herself available for reception or deputing this to third parties. The carrier shall make a first attempt to deliver the Order to the address specified by the Customer. When delivery cannot take place the carrier shall inform the Customer of the attempt to deliver and shall try to arrange another Order delivery with the Customer. In the event the carrier cannot deliver the Order once and for all the Customer Service shall contact the Customer to check if he/she is interested in receiving a new shipment. The Customer, upon delivery, must check the exactness of the number of packages and the integrity of outer packaging. In the event that the Customer discovers anomalies in the delivery concerning, for example, the number of packages or damage to outer packaging, he/she has to sign conditionally the delivery document and contact the Customer Service. If the Customer fails to do so he/she cannot subsequently put forward any claims regarding the delivery notwithstanding the provisions in subsequent art.8 concerning hidden defects and in accordance with legal regulations which enforce mandatory protection of consumers. The Customer can contact the Customer Service by filling out the form in the website or contacting the email address: shop@dismero.it
5. Pick-up at the Boutique (if available) Where permitted the Customer, during the purchase procedure, may opt, without additional costs, for the Products to be picked up from a specific Dismero flagship boutique ("Boutique"). Boutique pick-up service is available for a limited number of Boutiques. The Customer, when performing the Order checkout, can check which Boutiques provide the pick-up service. In this case, once the Order is processed, the Seller shall contact the Customer to inform him/her of the date after which the Products shall be available for pick-up at the chosen Boutique. Starting that date the Order shall be available for pick-up at the Boutique for a maximum period of ……. days. If the Customer does not pick up the Products within the above-mentioned term he/she shall be contacted by the Customer Service to arrange a new Product delivery. The Order shall be considered to be cancelled if the Customer does not provide any information to the Seller within the mandatory term of 5 (five) working days. The Customer is asked to pick up the Order at the Boutique either in person or by deputing another person to do so. The person deputed by the Customer to pick up the Products at the Boutique must exhibit:
1. a copy of the Order Confirmation;
2. a copy of an identity document of the Customer,
3. an original identity document, valid and recognized in the territory where the Boutique is located.
6. Prices All prices published in the Website include VAT ("Prices"). As far as Order shipping costs (“Shipping Costs”) are concerned the Customer must refer to the information in the “shipping costs” section. The amount of the Shipping Costs (where due), including VAT, shall be visible in the Order Summary shown during the checkout procedure and shall be stated in the Order Confirmation sent to the Customer following acceptance of the Order. Any changes made to the Product Prices shall take effect starting the date of publication of the new Prices on the Website, without any retroactive effect on Orders already accepted by sending of the Order Confirmation. The Seller, except for the case of mistake according to article 1431 of the civil Code, reserves the right not to accept an Order because of a mistake in the Price published on the Website or specified in the email sent to confirm reception of the Order, i.e. before acceptance of the Order by the Seller.
7. Vouchers and discount codes (if any) During marketing campaigns the Seller may provide Customers with vouchers and discount codes for purchasing Products on the Website. These vouchers and discount codes can never be used for purchases in Boutiques. The vouchers and discount codes issued by the Seller cannot be refunded under any circumstances.
8. Non-compliant products – Legal warranty The Seller, without prejudice to the provisions of preceding art. 4, is liable for any original defect in the Products. The Seller warrants to the Customer that the Products sold are not defective and that they comply with the provisions of the Contract and that, in particular, the Products: comply with the description provided on the Website and have the Product qualities that 3.0 Fashion showed the Customer as a sample or model are appropriate for the purpose for which goods of the same type are normally used; have the normal quality and performance of goods of the same type, which the Customer can reasonably expect, taking into account the nature of the goods. For technological reasons neither 3.0 Fashion nor the Website can warrant that the colors displayed on the computer screen will always be accurate. Marginal differences between the Website Product description and the actual characteristics of the Product will not be considered as a cause of Product non-compliance for the purposes of this Contract. The warranty of compliance of the Products sold on the Website lasts for a period of 2 (two) years of the date the Customer receives the Products. The regulations under articles 129, 130 and 132 of the Consumer Code shall apply to sale of the Products. When a non-compliant Product is delivered the Customer may request restoration by repair or replacement, without charge, of the compliance of the Products. When this is not possible the Customer shall be entitled to a corresponding reduction in the purchase Price or to a refund of the purchase Price and (when paid) of Shipping expenses. The Customer shall notify 3.0 Fashion of any lack of compliance of the Products within a period of 2 (two) months of the date on which he/she discovered the lack of compliance by filling out the form on the website. The Seller, after receipt of notice from the Customer, shall contact the Customer to directly agree with the Customer on Product collection procedures. Mere receipt of Products by the Seller after activation of this procedure does not imply, in any way, recognition of the lack of compliance of the Products. Accurate check by the Seller is required for this purpose. The action aimed at asserting hidden defects are subject to prescription at the end of twenty-six months of date of delivery of the Product.
9. Product return and replacement – Withdrawal right The Customer is entitled, within 30 (thirty) days of date of delivery of the Order, to: request replacement of a Product with another item of the same Product with a different color or size; or withdraw from the Contract without any penalty and without having to provide any reason: “Withdrawal". The date of delivery of the Products used to check compliance with the above-mentioned deadline is the date stated by the delivery tracking system provided by the carrier on its own website. The Customer, when he decides to request replacement of Products or to exercise his/her Withdrawal right, must first notify his/her wishes to 3.0 Fashion using one of the following ways of notification: for registered Customers: by activating the specific Return procedure in the “Orders” section in the “Your Page” area of this Website; or for unregistered Customers: by activating the appropriate procedure after tracing the relevant Order in the “Orders and Returns” section on the main Website menu; for both: by contacting the Customer Service using the electronic form (section: “Contact Us”) or by sending an email to: shop@dismero.it
For more detailed information consult the “returns procedure” section on the Website. Whenever the Customer decides to contact the Customer Service for Returns he/she must specify the unique identification code of the Order that can be found on the Order Confirmation. Returns are only possible on Orders that the carrier’s tracking system specified have already been delivered to the Customer. The return or replacement form shall be filled out in advance by the Seller.
The Customer has to check the correctness of the data stated in the form and, in any case, make sure that the notification has the unique identification code of the Order and any request to replace the Product with another item of the same Product with a different color and/or size. The Customer may specify the reason for the return and make notes in the return or replacement form (e.g. specifying any defects found). Upon receiving notification 3.0 Fashion shall send the Customer by email confirmation of receipt of the Withdrawal or Replacement request, including authorization for return shipment of the Products ("Authorization").
This Authorization may be anyway denied should 3.0 Fashion discover that the conditions for Withdrawal or replacement no longer exist, e.g. because more than 30 (thirty) days have elapsed from the date of delivery of the Products to the Customer. The Customer, to book Products collection for return shipment, may only contact the carrier that is specified by 3.0 Fashion in the return form and/or the Authorization form. The Customer must affix the label provided by email by 3.0 Fashion on the relevant package. It is mandatory for the Customer to deliver the Products to the carrier for return shipment to 3.0 Fashion within 14 (fourteen) days of receipt of the Authorization. Specifically: returned Products must be complete with every label, security seal, packaging and accessory (case, coat hanger, cover, etc.) received with the Order Products, labels, security seals, packaging and accessories must not show any sign of usage nor scratches nor be altered in any way (worn, washed, ironed, etc.) and must be returned in the same condition in which they were shipped by the Seller and in their original “Dismero” inner package The purchase Price and shipping Expenses shall not be refunded in case of: Products where the security seal has been removed or cut; and/or Products that have been used, are incomplete (in particular, in case of missing parts or accessories), ruined, damaged, spoiled or dirty. Any signs of use on the soles of footwear that is returned will impair Product refund or replacement.
Products returned without the “Dismero” inner packaging. The Customer shall be the sole party liable for any decrease in the value of the Products resulting from handling that was different from the handling required to determine the nature, characteristics and operation of the Products. The Seller, once it has checked the prerequisites for replacement of the Product or for exercise of the right of Withdrawal, shall notify the Customer of return acceptance and shall proceed to replace the Product or, in the case of Withdrawal, to refund the purchase Price and any shipping Expenses borne by the Customer ("Refund"). Provided that the Customer has correctly followed this procedure then the Return shipping costs shall be paid entirely by the Seller. The Seller undertakes to carry out the Refund procedure described above within 14 (fourteen) days of the date of receipt of the returned Products.
The Refund shall take place using the same means of payment as the Customer used to pay for the Order. The Customer, again complying with the above-described Withdrawal terms, may return Products purchased on the Website to one of the Dismero brand Boutiques specified on the Website, either personally or deputing another person to do so. In this case the Customer has to complete the online return procedure on the Website as previously described, choosing, as return procedure, to return to a Boutique and selecting one of the Boutiques specified on the Website. The Customer, to return to a Boutique, must be provided with:
1. a copy of the purchase Document;
2. a copy of the Authorization;
3. an original copy of his/her own identity document valid and recognized in the territory where the Boutique is located. 3.0 Fashion may not recognize any withdrawal right should the Customer return Products without having the prerequisites for Withdrawal.
In this case the Seller shall return the Product to the Customer, after checking his/her willingness in this regard, reserving the right to charge any subsequent shipping costs to the Customer. The Seller, after several withdrawals and returns by a Customer, reserves the right to decide whether or not to accept Orders coming from that same Customer. Customers have to send Products for return from the same country to which the Products were delivered.
10. Governing law and disputes. These General Terms of Sale and the sales contracts regulated by them are governed by Italian law. All disputes arising from these General Terms of Sale and the sales contracts regulated by them come under the jurisdiction of the Court of Verona. It shall be possible to reach out-of-court settlements of disputes as provided for in articles 66 and 141 of the Consumer Code.
11. Communications or complaints The Customer, for any communication, information or complaint related to an Order and to these General Terms of Sale, may turn to the Customer Service using the relevant form in the “Contact us” page on the Website or by email to: shop@dismero.it
12. Miscellaneous The singular form includes the plural form in this Contract, based on the context. No waiver by 3.0 Fashion to exercise remedies for any breach of this Contract implies a waiver of prior or subsequent breaches of any provision included in the Contract. Whenever a provision of this Contract is held to be unlawful, void or ineffective for any reason whatsoever this provision shall be considered as severable from the other provisions in this Contract and shall in no way alter the validity and effectiveness of the remaining provisions of the Contract. These General Terms of Sale are subject to copyright. All unauthorized reproduction, even partial, is prohibited.