Termini e condizioni del servizio

GENERAL SALES TERMS

  1. DEFINITION AND SUBJECT MATTER OF THE CONTRACT

1.1 This agreement (hereafter defined as “Contract”), as a remote contract , it is disciplined by the art. 50 of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”). The present constraining negotiation has as his object the selling of personal properties between the company dstinctive S.r.l., Via Polibio 3 20144 Milano, VAT number 10054520969 ("dstinctive") and the consumer (the “Client"). the contract is intended to be directly concluded with the acceptance by dstinctive of the sales proposal issued by the Client by phone or through the site www.Dstinctive.com (“Website”) and/or through other remote sales channels of dstinctive, on the basis of the formalities described in the following art. 3.

1.2 The present Sales Conditions (“Sales Terms”) and, in particular, the information referred to in the art. 59 of the Consumer Code, as provided by dstinctive in the course of the sale, repeated on the phone to the Client and referred to on the site, will remain good and effective until there won’t be any modifications and/or integrations made by dstinctive. Possible modifications and/or integrations to the Sales Terms will be effective from the date on which they’ll be communicated to the public and will be applied to the sales carried out from that date on. The last version of the Sales Terms is available on the web site.

 

  1. PRICES

2.1 The prices of the products are shown during the sale process, on the Site and/or through other remote sales channels of dstinctive are inclusive of VAT and of any other tax. The shipping costs are indicated during the course of the purchase, on the Site and/or through any other remote sales channel of dstinctive.

2.2 The prices of all the products include VAT. In addition to the price of the product at the end of the purchasing process there could be some shipping costs added depending on the client’s address.

 

  1. METHOD OF PURCHASE AND PAYMENT

3.1 The Contract is finalized at the time of payment, with the sales order confirmation sent to the client.

3.2 The client has 12 hours to cancel the contract obtaining the complete refund of the amount paid, without any penalties and without having to specify the reason. After 12 hours it won’t be possible anymore to cancel the contract because the production process of the custom-made clothes will have begun.

3.3 The client will have the possibility of choosing from different payment methods: Credit Card, Prepaid, PayPal, wire transfer or any other payment methods indicated from time to time as valid from dstinctive on the web site. No commissions will be applied to the client for any method of payment used.

 

  1. SHIPPING - CLAIMS

4.1 The time necessary to create custom-made clothes will be indicated at the time of the purchase. dstinctive will send the clothes to the address given by the Client within 20 days from the date of the Contract*. During the production of the clothes, the Client can be informed on the status of the order by accessing his personal page on the Site (Account-Orders).

*The date of dispatch varies depending on the payment method used. During public holidays there could be some delays due to the closing of the textile factory. Any changes to the delivery date will be communicated to the Client through email.

4.2 At the time of shipping, the Client will receive an email to the address given at the moment of the purchase containing the tracking number with which the client can monitor the progress of his shipping.

4.3 If the Client doesn’t receive his goods or the shipping is delayed without being communicated, the Client can contact Customer Service via the Form means set in the “Contact” section.

4.4 Each product made by dstinctive follows a specific hand-made process. This implies that it is expected and allowed a tolerance of 0.5 cm compared with the measures selected by the customer personalized model.

4.5 Any claims can be sent to the following address: dstinctive Srl, Via Polibio 3, 20144 Milano (MI).

 

  1. CLIENT’S OBLIGATIONS

5.1 The Client asserts and attests: (i) to be a consumer as defined in the art. 3 of the Consumer Code; (ii) to be of age above 18; (iii) that the details provided in the contract are correct and true.

 

5.2 User responsibility for uploaded content

The selection of content, text, and images to be produced, as well as the acquisition of the authorization for their reproduction, where necessary, is the complete responsibility of the Client. dstinctive won’t proceed under any circumstances with the verification of content if it is not related to the technical specifications and the graphic’s compatibility with the required specifications.
dstinctive may not be in any way held responsible for non-authorized use of pictures by users or for any type of rights violation by third parties.
The Client hereby releases dstinctive, undertaking therefore to indemnify it, from any responsibility to third parties that may complain about violations of intellectual property rights, damage to company image, honor, decorum, moral integrity or any monetary or non-monetary damage in consequence to the production of text, images, and content uploaded by the user.
dstinctive reserves the right, at any time, to stop any order which shows a clear violation of intellectual property rights of third parties or if the content is defamatory, violent or otherwise contrary to public law and morality.

 

  1. RIGHT OF WITHDRAWAL AND WARRANTY

6.1 Pursuant to Article 59, second paragraph of the Consumer Code, the Customer has no right of withdrawal in the event of delivery of tailor-made or clearly personalized garments. However, Dstinctive offers the Customer the possibility to cancel the order without penalties and without having to specify the reason, within 12 hours of confirming the order, by calling or sending an e-mail expressing his will to withdraw from the contract. Once the production of the garments has started, it will no longer be possible to stop it.

 

6.2 All products marketed enjoy the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code which covers any lack of conformity of the items purchased, existing at the time of delivery and which occur within 2 years of delivery. Any defects or damage caused by accidental events or by the Customer's responsibility for use of the products not compliant with their intended use or effect of normal wear and tear are excluded from conformity defects and, therefore, from the legal guarantee.
To benefit from this guarantee, the Customer must report the lack of conformity with a communication addressed to the seller indicating the defects and faults found. The Customer can ask the seller, at his choice, to repair the good or replace it, free of charge in both cases, unless the requested remedy is impossible or imposes disproportionate costs on the seller. It should be noted that the Customer has no right to terminate the contract if the lack of conformity is only minor.

 

  1. PLACE OF JURISDICTION

7.1 The Contract is under the jurisdiction of the Italian Law.

7.2 Any controversy related to the application, execution, interpretation, and violation of the Contract will be under the jurisdiction of the court where the Client resides or lives, if within the Italian territory, or within the Court of Milan if the Client resides outside of Italy.

7.3 Furthermore, the consumer established in Europe can take advantage of the platform made available by the European Commission for the resolution of any dispute arising from the online contract stipulated on the site.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr