1. GENERAL CONDITIONS OF SALE
These General Conditions of Sale (hereinafter referred to as "General Conditions") are drawn up in accordance with the legislative provisions of the Civil Code, D.Lgs. No. 70 of 09.04.2003 on information society services and electronic commerce and D.Lgs. No. 206 of 06.09.2005 (c.d. Consumer Code), and, in particular, Chapter I of Title III of Part III (Articles 45 to 67)and regulate the offer and sale of products through the website www.hinnominate.com (hereinafter the Website).
The products under the brand name HINNOMINATE, marketed on the Site (hereinafter the Products, also in the singular version) are sold by Dream Project S.p.A., based in Via Forcella, 3 - 20144 Milano (MI)C.C.I.A.A. of Milano Monza Brianza Lodi to n. REA 2125635 of the Register of Companies, C.F. P. VAT n. 06971910721, owner of the Site.
2. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The contents of the Site, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colours, diagrams, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software that are part of the Site, are protected by copyright and any other intellectual property rights. It is forbidden to reproduce, in whole or in part, in any form, the Site of its contents, without the express consent in writing by the Manager or by the other holders of the related rights.
With regard to the use of the Site, you are only authorized to view the website and its contents. It is, moreover, authorized to perform all those other temporary acts of reproduction, without proper economic importance, that are considered transitory or accessory, an integral and essential part of the same display of the Site and its contents and all other browsing operations on the website that are performed only for a legitimate use of the Site and its contents.
On the other hand, you are not authorized to reproduce, on any medium, all or part of the Site and its contents. Any act of reproduction must be authorized from time to time by the Manager or, if necessary, by the authors of the individual works contained in the website or by the owners of the exploitation rights. Such reproduction operations must be carried out in any case for lawful purposes and in compliance with the copyright and other intellectual property rights of the Manager and the authors of the individual works contained in the website. The authors of individual works published on the Site have, at any time, the right to claim the authorship of their works and to oppose any deformation, mutilation or other modification of the works themselves including any act to the detriment of the works, that is prejudicial to their honor or reputation. You undertake to respect the copyright of artists who have chosen to publish their works on the Site or who have collaborated with the Site to create new forms of expression and art intended to be published, even not exclusively on the website, or, again, that form an integral part of it. Moreover, it is not, in any case, authorized to use, in any way and form, the contents of the website and every single work protected by copyright and any other intellectual property right. By way of example, you may not alter or otherwise modify the contents and the protected works without the consent of the Manager and, where necessary, of the individual authors of the works published on the Site, or of the owners of the exploitation rights.
2.1 Acceptance of the general conditions of sale and conclusion of the contract
2.1.1 The contract concluded between Dream Project S.p.A. (hereinafter referred to as "Dream Project") and the Customer (that is the individual, natural person, who makes the purchase on the Site, not related to his own commercial, entrepreneurial or professional activity) is concluded with the acceptance, even partial, of the order by Dream Project. In case of non-acceptance of the order, Dream Project will give timely communication to the Customer.
2.1.2 Placing an order in the various ways provided, according to the order form on the Site (hereinafter the "Order")the Customer declares that he has read all the information provided to him during the purchase procedure and fully accepts these general conditions (hereinafter the "Conditions").
2.1.3 These Conditions may be printed or saved on a durable medium, in compliance with the provisions of art. 12 of D.Lgs. 70/2003 and art. 51 of D.Lgs. 206/2005, as amended by D.Lgs. 21/2014.
2.1.4 The products offered for sale by Dream Project are only those on the Site at the time of submission of the Order, as described in the relevant information sheets.
2.1.5 In any case, it is understood that the images accompanying the descriptive sheet of a product are for information purposes only and may not be perfectly representative of its characteristics but may differ e.g. by color and size (also due to the browser and monitor used for accessing the Site and viewing the images).
2.1.6 In order to place an Order, the Customer must complete in full the relevant form on the Site and send the same after carefully viewing the Conditions, as well as the characteristics of the product and/or products he intends to purchase. The Customer must also request Dream Project, if desired, to issue a tax invoice for the purchase, pursuant to art. 22 d.p.r. n. 633/1972.
2.1.7 The correct receipt of the Order is confirmed by Dream Project by an e-mail sent to the e-mail address communicated by the Customer. This confirmation message will summarise the purchase conditions, as required by applicable law, as well as the data entered in the Order by the Customer, so that the same can verify the same and communicate without delay the necessary corrections of incorrect data.
3. PRICES AND METHODS OF PAYMENT
3.1 The prices indicated on the site are to be considered inclusive of taxes and VAT. Any shipping or payment costs are in any case communicated to the Customer in advance through the website or these Conditions.
3.2 The following payment methods are provided:
(1) PayPal
For payment can be used by the customer the Paypal circuit according to the specific methods of the same.
(2) Credit or debit card
In the case of purchase of goods with payment methods Credit Card, the transaction can take place through the secure server Paypal or other secure server chosen by Dream Project.
In no case and at no stage of payment Dream Project will be able to know the information related to the Customer’s credit card, transmitted via secure connection directly to the website of the bank that manages the transaction. No computer archive of Dream Project will keep such data and therefore in no case can Dream Project be held responsible for any fraudulent and improper use of credit cards by third parties at the time of payment.
(3) Cash on delivery (Italy only)
In the case of cash on delivery, payment must be made exclusively with cash at the time of delivery of the products purchased. Payment on delivery involves an additional cost of Euro 5 to be paid by the Customer for collection costs.
(4) Scalapay (for Italy only)
You can pay by installment through the provider Scalapay ("If you buy with Scalapay you receive your order immediately and pay in 3 installments. Take note that the instalments will be transferred to Increment SPV S.r.l., to related parties and their assignees, and that authorize such assignment"). Minimum order Euro 5, maximum order Euro 1.500
4. RIGHT OF WITHDRAWAL
4.1 Pursuant to art. 52 of D. Lgs. 206/2005, as amended by D.Lgs. 21/2014, the Customer may withdraw from the Conditions and therefore from the purchase contract for any reason, without the need to give reasons and without any penalty, within 14 (fourteen) days from the date of receipt of the products.
4.2 To exercise the right of withdrawal referred to in article 4.1 above, Customer must use the appropriate form in the package received and send the package with DHL (UE) or any courier (EXTRA-UE).
4.3 In the event of withdrawal, the Customer may return the products to Dream Project free of charge, via facilitated return, to the following address Dream Project S.p.A., Warehouse 61, Via Callano, 161/163 Complesso Incà, 76121 Barletta (BT).
Each item purchased is complete with a special security seal. Once the seal is removed, the garment is no longer considered suitable for return: only garments with the seal still intact will be accepted.
The goods must be returned intact, without removing the seal of guarantee, complete with all its parts and in the original packaging (bags and packages), kept and possibly used for the time strictly necessary to establish and verify the nature, characteristics and size, according to normal diligence, without any signs of wear or dirt. It is possible to request the return only for size and/or color exchange. It is not possible to request a replacement with different products. In the event that even the exchange order requested does not meet expectations, the customer may exercise the right of withdrawal and make a second exchange at his own expense. The processing time can vary from 7 to 10 working days.
It is not possible to return an item purchased online in the store.
4.4 Dream Project will refund to the Customer the entire amount already paid, net of any additional shipping costs pursuant to art. 56, paragraph 2, of D. lgs. 21/14), within 30 (thirty) days from the date of receipt of the article, through the cancellation procedure of the amount charged, using the same means of payment used by the Customer for the initial transaction, except
different arrangement. In case of payment by cash on delivery, the Customer must provide his IBAN and the name of the account holder to which the sum of the purchase is credited. The Customer will not bear any cost as a consequence of such refund, except in the event that the same has not already provided for more than one time to make a return (generic, change size and/ or color); in this case the Customer will bear the shipping costs of the return.
Dream Project may suspend the refund until receipt of the returned product or until the moment when the Customer proves to have correctly returned the product.
4.5 In any case, the Customer will forfeit the right of withdrawal in cases where Dream Project ascertains that: the returned product and/or its accessories, and/or its packaging are not intact; the product is missing its outer packaging and/or the original inner packaging; the product is missing of the same elements and/or accessories (e.g. closures, laces, buckles, etc.).
In the event of forfeiture of the right of withdrawal, Dream Project will return the purchased product to the sender, charging him the shipping costs and, if already refunded, the price of the product.
4.6 For all EU orders the first free return is required; the customer must return the goods within 14 (fourteen) days from the date of receipt of the products. It is free only the first return and/ or change size/ color, as specified in the previous points.
For all orders Extra-EU goods can be returned with costs to be paid by the end customer choosing the courier and the preferred shipping method. The customer must return the goods within 14 days from the date of receipt of the products. In case of returns from non-EU territories, any duties and charges related to the customs clearance procedure will be deducted from the total amount of the refund. There is no change size/ color.
5. GUARANTEES
5.1 All products sold by Dream Project are covered by the warranty of 24 (twenty-four) months for lack of conformity, pursuant to Title III of D.Lg. 206/2005. To benefit from the warranty service, the
Customer must keep the invoice, or receipt of payment, together with the transport document.
5.2 The warranty for lack of conformity will apply provided that the relevant product has been used correctly, in compliance with its intended use and with the instructions for use and washing present in and/or with the product.
5.3 In the event that, for any reason, Dream Project is not able to return to the Customer a product under warranty (restored or replaced), or if the repair or replacement were, also due to the value of the product, excessively expensive, Dream Project may proceed to the appropriate reduction of the price paid, ie the return of the full amount paid with termination of the contract.
5.4 In cases where the application of guarantees provides for the return of the product, the same must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment).
6. COMPLAINTS AND REQUEST FOR INFORMATION
Any complaint or request for information may be addressed to Dream Project at the following addresses Dream Project S.p.A. via Forcella, 3 20144 Milano (MI), telephone (+39) 0287166773, email: customercare@hinnominate.com
7. PRIVACY
The personal data collected with the submission of the Order will be processed by Dream Project for the sole purpose of satisfying the Customer’s express requests, in compliance with the European Regulation 679/2016 and the privacy policy present on the site. Any further processing will only be carried out with the express consent of the Customer.
8. APPLICABLE LAW
8.1 The contract of sale referred to in these Conditions and its execution is governed by Italian Law, with the disregard of the rules of conflict and the United Nations Convention for the International Sale of Goods. For the resolution of the related disputes, the Court of the Municipality of the Customer’s residence will be competent.
8.2 We would like to inform you that the European Commission provides a platform for the non-judicial alternative resolution of disputes, including cross-border disputes, accessible on the website http://ec.europa.eu/odr.
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