TERMS OF USE

INTRODUCTION. USE OF THE WEBSITE

The access, the use of the www.thedressingscreen.com (“Website”), as well as the sales of products of The Dressing Screen S.r.l. are regulated by these general Terms of use and sales (“Terms of use”). The access and use of the website as well as the purchase of the products of TDS, assume the reading, knowledge and acceptance of the Terms of use. This website is managed and maintained by The Dressing Screen with registered office in Italy, Via Massimo d’Azeglio n. 51, Bologna, VAT number and Tax code 03662431208 Record Number at the Chamber of Commerce of Bologna n. 536959(“TDS“).

For any request of assistance, you can write to the address: customercare@thedressingscreen.com.

The access and use of the Website, including display of web pages, communication with TDS, the possibility to download information on products and purchase them through the website, are activities carried out by our users exclusively for personal uses having nothing to do with business, entrepreneurial and professional activities. Remember that you will be the only person responsible to use the Website and its content. Indeed, TDS cannot be considered responsible of a use non-compliant with the legal rules in force, of the Website and its content by the users, except for the responsibility of TDS due to willful misconduct and gross negligence. In particular, you will be the only responsible to communicate incorrect, false data and information, or concerning third parties, without the latter have expressed their consent, as well as in consideration of an incorrect use of them.

TDS declines all responsibilities for possible damages arising from the unreachability of services of the Website or possible damages caused by viruses, damaged files, errors, omissions, interruption of the service, cancellation of contents, problems due to network, providers or telephone and/or online connections, unauthorized accesses, alteration of data, failed and/or flawed functioning of electronic equipment of the user.

The user is responsible of the custody and correct use of his/her personal information, therein included details allowing access to reserved services, as well as any damaging consequence or damage that shall be due to TDS or rather third parties after an incorrect use, loss, subtraction of said information.

This introduction is integral and substantial part of the Terms of use.

  1. PURPOSES

1.1 The offer and sales of products in the Website are regulated by these Terms of use, prepared in compliance with the prospects contained in Chapter I of Title III, Italian Legislative Decree 6 September 2005 no. 206 as amended by the Italian Leg. Decree 21 February 2014 no. 21 (so-called “Italian Consumers’ Code”).

1.2 The agreement entered into by TDS and the individual of age pursuant to the Italian law (and therefore over 18), who navigate and/or finalize a purchase on the Website, for purposes which are outside their trade, entrepreneurial or professional activity (“Customer”) shall be deemed executed with the acceptance, even only partially, of the order by TDS(“Order”). The Order will be accepted by TDS upon confirmation from the Sellers of the availability of the product(s) or the possibility to manufacture it. In case of failure to accept the order, TDS will promptly inform the Customer about it.

1.3 By carrying out an order the Customer represents to have acknowledged all the instructions provided to him/her during the purchasing procedure and to fully accept these Terms of use.

1.4 These Terms of use can be printed or saved on durable medium, in compliance with the provisions of Art. 12 of the Italian Legislative Decree 70/2003 and of Art. 51 of the Italian Consumers’ Code.

  1. BUYING PATTERNS

2.1 The products offered on sale by TDS are only those present in the Website at the moment of Order execution, so as described in the relevant cards.

2.2 It is anyhow understood that the images supplied with the card of a product have mere information purposes and could not represent perfectly its characteristics and have different color and sizes, including due to browser and devices used to access the Website and images display.

2.3 The products are manufactured and/or marketed by third party entities (“Sellers”) and directly delivered by the latter to the Customer having finalized the purchase.

2.4 Each Seller is responsible for the product(s) sold, the quality of the product(s) and for the compliance with the requirements set forth by the applicable law, including the inclusion of the mandatory information set out by Art. 6 the Italian Consumers’ Code. In no event the infringement of the rules applicable to the distribution and the sale of products shall not be attributed to TDS.

2.5 In order to carry out an Order the Customer shall complete in each part the form present in the Website and send it after examining carefully the Terms of use, as well as the characteristics of the product and/or products that wants to purchase. The Customer shall also require to TDS, whether desires it, the issuance of the invoice related to the purchase, pursuant to Art. 22 Italian Presidential Decree no. 633/1972.

2.6 TDS shall confirm the correct receipt of the Order to the Customer’s e-mail address as indicated by the Customer. Said confirmation message shall synthetically report the terms of purchase, as provided for by the applicable legislation, as well as data inserted in the Order, so that the Customer may verify them and possibly notify without undue delay the necessary corrections of wrong data. An additional e-mail sent by TDS shall confirm the acceptance of the Order on the basis of the availability of the purchased products. It is agreed that the finalization of the agreement with the Customer shall occur only upon receipt by the Customer of the acceptance of the Order.

  1. PRICES AND PAYMENT METHOD

3.1 The price is in € (euros). The applicable price is the one published in the Website at the time of the orders are placed by the customers. The price is inclusive of VAT (22%) if the products are shipped and delivered inside the European Union. The price is not inclusive of VAT if the products are shipped and delivered outside the European Union. Any possible tax, levy, expense or other duty provided for by laws of the country in which the products are delivered are to be entirely borne by the customers.

3.2 It is possible to complete the Order by paying as follows:

  • Credit card

In case you choose Credit Card as payment method for the goods purchased, the transaction can occur through the secure server Paypal or other secure server elected by TDS. In no case and in no phase of payment TDS will be able to know the information concerning the credit card of the Customer, sent through secure connection directly to the website of the banking institution managing the transaction. No database of TDS will conserve said data and therefore in no case TDS can be deemed responsible for possible fraudulent and improper use of credit cards by third parties upon payment

  • PayPal

For the payment the Customer can use the Paypal circuit according to its specific methods

  1. DELIVERY OF PRODUCTS AND RELEVANT EXPENSES

4.1 The products purchased will be delivered at the address specified by the Customer in the Order within two days or the different term set out in the respective card. Shipping costs are free. TDS reserves the right to accept or not deliveries requested out of the Italian or European borders. Anyhow, for deliveries to be made out of the Italian borders delivery times may change.

4.2 The delivery times specified by TDS shall be considered as merely approximate (as they depend on the courier activity) and any delay, or rather possible delivery made with several divided shipments do not authorize the Customer to refuse said delivery and ask for reimbursements or compensations.

On delivery of products, the Customer shall control:

  1. the number of packs delivered corresponds to the indications in the transport document;
  2. the packing is intact, neither damaged, nor wet or anyway altered, including in closure materials (adhesive tape or steel strips);
  3. the packing or the product are not damaged or rather that the number of packs does not correspond to that specified by TDS. Said information shall be immediately reported, by affixing a specific indication in the delivery note to be redelivered to the courier.

4.3 Any possible problems concerning physical integrity, correspondence or completeness of products received shall be reported within 7 days of the delivery, according to the procedures provided for by this document and anyhow according to the procedures provided for by the applicable legislation.

4.4 With regards to purchase of products delivered from different wholesales it is possible that TDS or the couriers selected plan different deliveries. TDS shall notify the Customer the information of the delivery, in the Order confirmation or by means of subsequent notices.

  1. RIGHT OF WITHDRAWAL

5.1 Pursuant to Art. 52 of the Italian Consumers’ Code, the Customer can terminate the Terms of use and therefore the purchase agreement for any reason (and anyhow without needing to specify the reasons) and without any penalty, within 14 (fourteen) days of the date of reception of products.

5.2 In order to exercise the right of withdrawal referred to in article 5.1 above, the Customer shall send to TDS a notification in that behalf, within the terms specified, at the following email address customercare@thedressingscreen.com or rather use the appropriate published in the Website. In case of withdrawal the Customer shall return the products to the address contained from time to time in the confirmation e-mail.

5.3 The goods shall be returned intact, complete of all their parts and in the original packings (envelopes and packages), stored and possibly used for the absolutely necessary time to set and verify nature, characteristics and size, according to the due diligence, without signs of wear or dirty, in compliance with the conditions specified below:

  1. the right of withdrawal will be applied to the product purchased in its entirety; indeed, it is not possible to exercise the withdrawal only for part of the product purchased (by way of an example: closures, laces, clasps, etc.);
  2. the product shall be intact and returned in its original package, complete in all its parts (including packing and possible documentation and accessory equipment: labels, tags, seals, etc.). TDS invites to try the products without removing tags and related seal because, as above specified, the presence of both of them in the product returned represents one of the essential requirement in order that the right of withdrawal can be legitimately exercised;
  3. the shipment, until the reception occurred in the warehouse specified by TDS, is under total responsibility of the Customer;
  4. in case of damage of the asset during transport, TDS will inform the Customer, to allow him/her to carry out suitable objection against the courier chosen by him/her and obtain a reimbursement; then the product will be available for the Customer, by annulling concurrently the request of withdrawal;
  5. TDS will not be held liable in any way for damage, theft, loss occurred during or anyway under shipment for return.

5.4 TDS will refund the Customer with the whole amount paid net of possible additional shipping costs pursuant to Art. 56, paragraph 2 of the Italian Consumers’ Code, within 14 (fourteen) days of withdrawal, through procedure of cancelled payment of the amount charged, by using the same payment method used by the Customer for the initial transaction, unless otherwise agreed. TDS may suspend the reimbursement until reception of the product returned or rather until the moment when the Customer demonstrates to have correctly sent the product, whether previous. The Customer will not bear any cost as consequence of said reimbursement, except for return expenses which shall indicatively amount to Euro 9,00 for shipping of products from Italy to the same Seller and/or warehouse in Italy, Euro 19,00 for shipping of products from Europe (excluding Italy) and Euro 30,00 for shipping of products from the resto of the world to the same Seller and/or warehouse in Italy. For the sake of clarity, should the Customer intend to return two products from Italy to two different Sellers, the shipping costs shall be equal to Euro 18,00. Should the Customer intend to return two products from Europe to two different Sellers, the shipping costs shall be equal to Euro 38,00. Any variation shall be notified to the Customers.

Anyhow, the Customer will lose his/her right of withdrawal in case TDS ascertains that:

  • the product returned and/or its accessories, and/or its package are not intact;
  • the product has not its external package and/or original internal packing;
  • the product has not elements integrating it and/or accessories (by way of an example: closures, laces, clasps, etc.);
  • the product has not its one-time seal;
  • with respect to the beachwear, where the product has not been worn.

In case of expiry of the term for exercising the right of withdrawal, TDS will return the product purchased to the Customer, by charging to him/her the shipping costs and, whether already refunded, the price of the product.

The time to credit the reimbursement varies depending on the time frame outlined by the bank circuit used. The reimbursements are issued in the same currency of the original purchase. Possible difference due to exchange fluctuation cannot be refunded.

The return of orders by the Customer shall occur only through the courier that delivered the order

5.5 Pursuant to Art. 59 lett. (c) of the Italian Consumers’ Code, the withdrawal right shall not be applied to the sale of goods made to measure or clearly personalized as indicated in the respective card published on the Website.

 

  1. 5.6 The withdrawal right shall not be exercised, pursuant to Art. 59 lett. (e) of the Italian Consumers’ Code, with respect to the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (including without limitation underwear products), as indicated in the respective card published on the Website.6. GUARANTEE

6.1 Each product sold by TDS are covered by a 24-month guarantee for lack of conformity, pursuant to Title III of the Italian Consumers’ Code. In order to benefit from the assistance the Customer shall keep the invoice or the receipt, as well as the transport document.

6.2 The guarantee for lack of conformity, granted by each Seller, shall apply upon the condition that the respective product has been properly used in compliance with its intended use and with the instructions for use and washing including in and/or with the product.

6.3 Should, for any reason, TDS be not able to provide the Customer a product covered by the guarantee (restored or replaced), or where the restore or replacement were, also in relation to the value of the product, excessively burdensome, TDS may – at its own discretion – proceed with a fair reduction of the price paid or return the full amount paid by the Customer together with the termination of the contract.

 

6.4 When the application of the guarantee implies the return of the product, the same shall be returned by the Customer, at its own cost, in the original pack, with all its parts (including packaging and any possible documentation and complimentary equipment) in accordance with the instructions contained in the Order.

6.5 It is agreed that in no event TDS shall not be held liable for the products, their quality, for any possible defects or, in general, for the lack of correspondence between what stated in the cards produced by the Sellers and the products themselves and for any possible damages caused by the products to the Customers.

  1. COMPLAINTS AND REQUEST OF INFORMATION

Any possible complaint or request of information can be addressed to the following email address customercare@thedressingscreen.com.

  1. PERSONAL DATA PROCESSING

8.1 Personal data collected by Order execution will be processed by TDS for the only purpose to meet the requests expressed by the Customer, in compliance with the General Data Protection Regulation no. 2016/679 (“GDPR”) and the Privacy Policy published in the Website. Possible further processing will be carried out only with the express consent of the Customer.

8.2 TDS uses technology such as “cookies” to collect information and store your online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to uniquely identify the browser on each page.

TDS uses the following categories of cookies on the Website

– STRICTLY NECESSARY COOKIES

These cookies are essential in order to enable the user of the Website (“user”) and the Customer to move around the Website and use its features. Without these cookies, services the user and the Customer has asked for such as remembering your login details or shopping basket items cannot be provided.

– PERFORMANCE COOKIES

These cookies collect anonymous information on how the user and the user or the Customer use the Website. For example, TDS uses Google Analytics cookies to help us understand how customers arrive at the Website, browse or use it and highlight areas where TDS can improve areas such as navigation, shopping experience and marketing campaigns. The data stored by these cookies does not show personal details from which the individual identity of the user and the Customer can be established. The user and the Customer may opt out of these cookies using your browser settings but it may affect the performance of the Website.

– FUNCTIONALITY COOKIES

These cookies remember choices the user and the Customer makes such as the country the Customer visit the Website from, language and search parameters such as size, color or product line. These can then be used to provide the Customer with an experience more appropriate to the selections and to make the visits more tailored and pleasant. The information these cookies collect may be anonymised and they cannot track the browsing activity on other websites. The user and the Customer may opt out of these cookies using the browser settings but it may affect the functionality of the Website.

– TARGETING COOKIES OR ADVERTISING COOKIES

These cookies collect information about browsing habits in order to make advertising more consistent to the user or Customer’s interests. They are also used to limit the number of times the Customer see an advert as well as help measure the effectiveness of an advertising campaign. The cookies are usually placed by third party advertising networks. They remember the websites the Customer visit and that information is shared with other parties such as advertisers. For example, TDS uses third party companies to provide the Customer with more personalised adverts when visiting other websites.

– SOCIAL MEDIA COOKIES

These cookies allow the Customer to share what you’ve been doing on the website on social media such as Facebook and Twitter. These cookies are not within TDS’control. Please refer to the respective privacy policies for how their cookies work. If the user or the Customer want to delete any cookies that are already on his computer, please refer to the help and support area on the Internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies the Customer may not be able to access certain areas or features of the Website.

To opt out of:

  • Google Analytics cookies across all websites, please visit Google Analytics Opt-out Browser Add-on;
  • other third-party cookies relating to behavioural advertising, please go to youronlinechoices.eu.

Please note that opting out does not mean the user or the Customer will no longer receive online advertising. It does mean that the company or companies from which the user or the Customer opted out will no longer deliver adverts tailored to Customer’s web preferences and usage patterns, so the user or the Customer may see a greater number of adverts that are irrelevant to his preferences.

9. APPLICABLE LAW

The use of the Website and the sales agreement referred to in these Terms of use and related implementation is regulated by the Italian Law, with non-application of conflict rules and United Nations Convention for the International Sales of Goods. For the solution of related litigations the Court of the place of residence of the Customer shall have jurisdiction.

10. INTELLECTUAL PROPERTY RIGHTS

Trademarks, logos and other distinguishing marks present in the Website belong to TDS, or rather to the respective owners. The use of trademarks, logos and other distinguishing marks including reproduction on other internet websites by unauthorized third parties is forbidden. The contents of the Website, by way of an example, works, images, pictures, texts, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, posted in the Website, including menus, web pages, graphics, colors, schemes, tools, types and design of the website, diagrams, layouts, methods, processes, functions and software belonging to the Website are protected by copyright and/or any other intellectual property right of TDS and other holders of rights. The total or partial reproduction, in any form, of the Website, its contents, without the express consent in writing of TDS or respective holders is forbidden.

  1. NOTICES

Every notice between the parties shall be in writing and sent to the address of the other party specified in the agreement and in the Order. Also the notices sent to the email address of the other party, specified in the website and in the order, shall be considered as written notices.

The notifications concerning validity or existence of this agreement shall be exclusively delivered by hand or through Registered Letter with Acknowledgement of Receipt.

  1. LANGUAGE OF THE AGREEMENT

These Terms of use are drafted in Italian and English. In the event of discrepancies between the versions, the Italian text shall prevail.

  1. AMENDMENT AND UPDATE

The Terms of use are amended from time to time also in consideration of possible regulatory amendments. The new Terms of use will be effective as of the date of publication in the Website