A. TERMS & CONDITIONS
1. Welcome to our web site (“www.dclr.it”, the “Website”). These General Terms and Conditions (the “Terms & Conditions”) govern the access to and use of the Website, and regulate the offer, transmission and acceptance of purchase orders relating to products between the users of the Website and OPVS S.r.l.
2. Please read these Terms & Conditions carefully. By accessing and using the Website as well as by purchasing the products on the Website, you agree to be bound by these Terms & Conditions. If you do not agree to all or part of these Terms & Conditions, we invite you not to use our Website. This Website is managed and maintained by OPVS S.r.l. (“DECLARE”, “we”, or “us”) with registered office in Calle Seconda dei Saoneri 2671 B/C – San Polo 30125 Venice (Italy),
VAT number IT4376680262, phone number +390418223227.
3. DECLARE may amend or simply update all or part of these Terms & Conditions. Any amendment or update of the Terms & Conditions shall be posted for our users on the Home Page of the Website as soon as such amendments or updates have been made and shall be binding as soon as you access the Website after they are amended. If you do not agree to all or part of the Terms & Conditions as amended or updated, please do not use our Website.
B. USE OF THE WEBSITE
1. The access to and use of the Website, including display of web pages, communication with provider, downloading product information and making purchases on the Website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity.
2. Remember that you will be liable for your use of the Website and its contents.
DECLARE shall not be considered liable for any use of the Website and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to provider’s liability for intentional torts and gross negligence.
3. In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.
3. Are they mandatory? No. You can restrict, disable or re-enable cookies at any time via the internet browser of your computer. Imposing such a restriction will prevent the total or partial sending of cookies, and this will preclude certain features of the Website and/or prevent access to some of its parts.
4. It is thanks to cookies that, day after day, we are managing to improve the navigation performance of the Website, with the purpose of:
(I) Using essential functions such as the ability to store selected items in a shopping cart.
(II) Allowing us to collect information about the ways in which clients are using the Website. This enables us to: remember the specific settings of a user such as his language, country, etc.; collect statistical data regarding, for example, the most popular product models or user preferences, in order to provide a customized browsing experience which proposes items similar to hose visited; improve the navigability and usability of the Website by reporting errors encountered during navigation, and ensure an increasingly powerful and secure system from the standpoint of
5. How can you enable or disable cookies? Every web browser allows you to restrict, block and/or delete cookies. For more information, please refer to the web pages of the individual browser.
6. The results of cookies could be discussed or shared with our partners. This is done with the sole purpose of improving our product types and enhancing the functions of our Website. By means of cookies, the customer will always be informed about products and innovations which are of interest to him, because the selection and research options offered will be built on solid evidence. Cookies may contain connections to social networks, such as Facebook, Twitter etc.
1. LINKS TO OTHER WEBSITES
2. INTELLECTUAL PROPERTY RIGHTS
1. All content included on this Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, texts, fonts, product designs, layouts, methods, processes, is the property of DECLARE and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of DECLARE as the case may be.
2. DECLARE shall have the exclusive right to authorize or prohibit in its sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. DECLARE shall have the right, at any time, to claim the authorship of any Content posted on this Website and to object to any use, distortion or other modification of such Content.
3. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by DECLARE shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
3. DISCLAIMERS ON CONTENT AND LIMITATION OF LIABILITY
1. DECLARE has adopted measures to ensure that the Content of the Website is accurate and does not contain any incorrect or out-of-date information. However, DECLARE cannot be held liable for the accuracy and completeness of the Content, except for its liability for tort and gross negligence and as otherwise provided for by the law.
2. Moreover, DECLARE cannot guarantee that the Website will operate continuously, without any interruptions and errors due to the connection to the Internet. We will not be liable for any failure, any suspension or any termination of access to the Website arising out of any event beyond our reasonable control.
3. The products displayed on the Website may not exactly correspond to the real items in terms of image, dimensions and color depending on your Internet browser and/or your monitor quality.
4. Except for cases of gross negligence and fraud, in no event will DECLARE and/or its affiliates be liable to the buyer for lost profit or any damages of any nature arising out or related to these
Terms & Conditions and/or in connection with third party claims raised against the purchaser of products from this Website.
5. The total amount of DECLARE’s liability in respect of the purchase of products under these Terms & Conditions is limited to the amount paid by the buyer for the purchase of the products.
6. Liability based on statutory provisions protecting consumers shall remain unaffected.
1. To place an order you shall select the products you desire to purchase on the Website, select a size/color, and add the items to your cart by clicking on “Add to Bag”. Once you are ready to checkout, click on “BAG” at the top right of the screen, which will display all of the products you have selected to purchase. It is your responsibility to check that the items in your bag are the correct style, color and size before proceeding. Once you are ready to proceed with your order, click on “Checkout”. The “Checkout Method” page will be shown: you can then finalize the purchase as guest or as registered customer. After choosing your preferred checkout method, follow the instructions and fill the information requested. At the end of the procedure, you will be redirected to the Paypal website to proceed with the payment. If you don’t have a Paypal account you can choose to pay with your credit or debit card. You will then receive an e-mail confirming that the order has been correctly placed (“Order Confirmation E-mail”).
2. Once the order has been placed, please note that the shipment address used for the order cannot be changed. If you want to change it, the original order has to be canceled and you need to place a new one.
3. All orders are subject to acceptance and availability. Please be aware that the products in your bag are not reserved and can therefore be purchased by other users until you complete the whole checkout process and receive the Order Confirmation Email. In any event, your offer shall be deemed as accepted and the relevant contract of sale is effective only from the moment when you receive a second e-mail expressly informing you about the acceptance by DECLARE of your order, the dispatch time, the essential characteristics of the purchased products, and including a detailed breakdown of the price paid for each product, and delivery costs and details (“Shipping Confirmation E-mail”).
4. DECLARE reserves the right not to accept your order at its own discretion. In such case, DECLARE will inform you by email of the cancellation of the order.
5. By submitting an order, you unconditionally accept and undertake to comply with these Terms & Conditions as well as with the other policies contained in the Website.
6. If you want to cancel an order already placed you must do it before receiving our Shipping Confirmation E-mail: afterwards, you may still obtain a refund or a substitution according to our Withdrawal and Return Policy.
7. If some shipping detail is missing in your order (as incorrect address, phone number, or further information needed for the shipment) and you do not provide the missing information within 15 (fifteen) days, we will automatically cancel and refund your order. You will be able to place it again on our Website.
8. Orders are processed and shipped from Monday to Friday.
1. The prices indicated on each product page may not be inclusive of all applicable taxes, depending on the Country of destination. Prices are subject to changes. However, such changes will not impact the price, or the description of the products for which you have already submitted an order accepted by DECLARE.
2. Although we have taken all reasonable care to make sure that prices contained in the Website are accurate at the time of publication, a small number of products in our Website may be mispriced. Prices are confirmed when you will receive your order receipt email outlining the different charges (including shipment costs and applicable taxes depending on the Country of destination).
1. We aim to deliver within 4 (four) working days from the date when the order is placed. Any delay in shipment due to either carrier issues and/or exceptional or particular conditions related to the specific Country of destination is not under our responsibility. Some delay may occur during national Holidays. In the event of strikes, difficulties or other events due to general or local extraordinary conditions, which would influence the delivery of the products, we shall be authorized to postpone deliveries or to cancel them.
2. We ship worldwide with international courier companies such as DHL or UPS. Shipments inside European Community is intended for free over 150 Euro’s and take about 2/3 working days since the date of the shipment; shipments to the rest of the world is intended for free over 150 Euro and take about 4/5 working days since the date of the shipment.
3. You may be required to sign for delivery. Before signing you must inspect the package for any obvious tampering. If you receive an empty package but you sign the delivery receipt and do not immediately report the fact to the carrier, we are not responsible for any refunding or substitution. You have to keep the receipt of the delivered product in case of future needs with us about it.
7. WITHDRAWAL AND RETURN POLICY
1. Our return policy includes the following:
(I) The possibility of annulment: you may decide to withdraw from the contract and return all or only a portion of what you have purchased and request a refund;
(II) The possibility of substitution: you may decide to return all or only a portion of what you have purchased and request replacement with other products available for sale on the Website.
2. Both options can be implemented, without giving any reason and without any penalty, by an unequivocal statement (e.g. by sending an email to Customer Services at: email@example.com), no later than 15 (fifteen) working days from the day on which you purchased, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. Once we authorize the return of the products, you will have 14 (fourteen) days to ship the products back at your own expense, to one of the following addresses (Customer Services will inform you where to send the goods in order to reduce the time and cost of shipping): DECLARE, Calle Seconda dei Saoneri 2671 B/C – San Polo 30125 Venice (Italy).
Please note that each product must be returned undamaged, in its original packaging and with all the accessories present at the time of purchase. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. In the event that DECLARE discovers the lack of one or more parts of the goods, the company reserves the right not to accept the returned product, or to charge the cost of the missing parts.
3. To start the return process, you must ensure that you have the purchase order number to hand before contacting Customer Services at firstname.lastname@example.org . To simplify the process of withdrawal from the contract and return all the products you have purchased, you will be asked to complete and send a Withdrawal Form to email@example.com
4. Once approval has been given by DECLARE to proceed with the return process, you will have to arrange shipment at your own expense; remembering to place the products in their original box, to include all accessories and information material, and to attach a copy of the return acceptance email. To maintain the integrity of the product (and to be able to benefit from the return service), we recommend to pack the original box. On receipt of the products, we will examine them carefully to ensure they are undamaged and complete in every part.
5. Once we have ascertained the integrity of the returned products, we will proceed as follows:
(I) If you withdraw from the contract and return all the products you have purchased, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods,
whichever is the earliest.
(II) If you are requesting a replacement, we will proceed in the following ways:
(a) If the replacement product is of equal value, we will ship the same;
(b) If the replacement product is of lower value, we will ship the same, and will also refund the difference paid, using the payment method chosen at time of purchase; If the replacement product is of higher value, we will ship the same as soon as the customer has forwarded
the difference in price. The shipment costs to get back us the product are in any case up to you.
1. DECLARE warrants to the consumer that the products purchased from its online store comply with the specifications and are free of material defects and workmanship errors for a period of twelve (12) months from the date of delivery.
2. This warranty applies only to products which are manufactured by or for DECLARE as identified by the “DECLARE®” trademarks, trade name, or logo legally affixed to them, and purchased by consumers from this Website. Products purchased from other unauthorized channels and from websites such as eBay, Amazon, etc. are not covered by these Terms & Conditions, and any problems that may arise in those cases need to be discussed and settled directly with the vendors from whom you purchased the product.
3. Our products are made with natural, untreated, chrome-vegetable, drum dyeing tanned leather, this means each skin is unique in its own specific coloring, markings, striations, and the surface is susceptible to scratching. Variations in surface are not viewed as defects,as well as signs of wear and tear, like scratches and therefore not covered by warranty.
4. This warranty does not apply
(I) if the product has been subject to faulty and improper use, repair, alteration and/or modification in any way that is not covered in the documentation for the product;
(II) to damages caused by failure to follow the instructions covered in the documentation for the products or other specific instructions from DECLARE;
(III) if the product is damaged by misuse, abuse, negligence, accident, normal wear and tear and deterioration, improper environmental, conditions or lack of responsible care,
(IV) to damages due to any other cause not related to defective design, workmanship
5. This warranty is in addition to your legal rights in relation to products that are faulty or not as described.
9. HOW TO APPLY
1. In order to benefit from the warranty under these Terms & Conditions you must provide proof of purchase of the item from DECLARE’s online store at www.dclr.it, our flagship stores or one of our authorized retailers and send it along with one or more photos of the products showing the alleged defects or lack of conformity to the following email address: firstname.lastname@example.org, within a period of 2 (two) months from the date on which you detected such defects or lack of conformity.
2. After a preliminary appraisal of the problem, and only where this warranty applies, we will ask you to ship the products back to us, using the delivery service provided by our Customer Services. To ensure that goods do not suffer additional damage in transit, you will be asked to pack them in a protective box. If these instructions are not followed, we reserve the right to rely solely on the pictures that you sent us before shipping the products back, and we will not be responsible for any further damage caused to the products in transit.
3. If you are not in a position to send photographic evidence, you should arrange to return the product deemed to be faulty, at your own expense, to the following address:
DECLARE, Calle Seconda dei Saoneri 2671 B/C – San Polo 30125 Venice (Italy), within 15 (fifteen) working days following notification of the alleged defects or lack of
conformity to DECLARE at email@example.com .
10. PRODUCTS WITH A VALID WARRANTY
1. If your complaint is communicated by email at firstname.lastname@example.org within 12 (twelve) months of purchase, and the defect or lack of conformity is recognized by DECLARE as a defect in materials and/or production, the product will be either repaired or replaced free of charge with a new one. If the model in question is no longer available or out of production, you will be offered the opportunity to choose a model of equal value. Your decision in this regard must be notified to us within 10 (ten) working days from our last communication approving your complaint.
2. If your complaint is communicated by email at email@example.com within 12 (twelve) months of purchase, but is not recognized by DECLARE as a defect in materials and/or production, you will be contacted directly by our Customer Services.
11. PRODUCTS WITH AN EXPIRED WARRANTY
If your complaint is communicated by email at firstname.lastname@example.org after the warranty has expired, i.e. after 12 (twelve) months from time of purchase, you will be contacted directly by our Customer Services.
If any provision of these Terms & Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms & Conditions, which shall remain in full force and effect.
13. GOVERNING LAW AND JURISDICTION
1. These Terms & Conditions and the other policies of the Website shall be governed by and interpreted in accordance with the laws of Italy.
2. All disputes arising in connection with these Terms & Conditions shall be subject to the non-exclusive jurisdiction of the court of Venice, Italy, without affecting any consumer’s right to start a claim before the courts of the place of residence.