GENERAL TERMS AND CONDITIONS OF SALE
The following General Terms and Conditions of Sale govern the offer and sale of products on our website (“delfinaswim.com”). The products purchased on delfinaswim.com are sold directly by Delfina S.R.L (“Delfina”), with registered office in Italy at Corso Vittorio Emanuele II 18, 00186, Roma. business register number, tax code and VAT number 04976261000. Requests for information should be made through our Customer Care: click here to contact Customer Care.
If you need any assistance, go to the Customer Care area, where you will find information on orders, shipping, refunds and returning products purchased on delfinaswim.com as well as and other general information on the services provided by delfinaswim.com.
1. Our Business Policy
Delfina offers products for sale on delfinaswim.com and its e-commerce business services are available exclusively to its end users, i.e. the “Consumers”.
“Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on delfinaswim.com.
DELFINA reserves the right not to process orders received from users who are not “Consumers” and any other order which does not comply with DELFINA’s business policy.
These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on delfinaswim.com between the users of delfinaswim.com and DELFINA.
The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on delfinaswim.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions, since DELFINA shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between users of milaura.itand third parties.
2. How to Execute a Contract with DELFINA
In order to place an order for the purchase of one or more products on delfinaswim.com, you must fill in the online order form and send it electronically to DELFINA, following the relevant instructions.
2.2 Before purchasing the products, you will be asked on the order form to carefully read the Terms and Conditions of Sale and the Informational Note on the right of withdrawal, to print a copy of them using the print command, and to then save or make a copy thereof for your personal records.
The order form contains a link to these General Terms and Conditions of Sale, and also contains information on the main characteristics of each product ordered and the relevant unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and shipping costs, and references to the terms and conditions for returning purchased products, procedures for handling trader complaints, shipping and delivery costs, as well as the Vendor’s details, mailing and e-mail addresses, and the deadline by which the Vendor promises to deliver the goods. The Vendor will also provide you with a summary of the terms and conditions for exercising your right of withdrawal and the procedures and time limits for returning the purchased products (according to the Return Form). You will also be informed of the circumstances under which you would lose the right to withdraw from the contract. If applicable to the purchase, you will be informed that, in the event of withdrawal, you will be required to bear the cost of returning the products. You will in any event be reminded that there is a legal warrantee in conformity with the products, and you will be provided with the details for contacting our after-sales service department.
Our order form, which appears immediately prior to the conclusion of the purchase contract, provides you with brief information regarding the essential features of each product ordered, the price (including all applicable taxes or fees) and the shipping costs (including any additional costs you would incur for having chosen another type of shipping and delivery that is faster than the standard service). An order shall be deemed submitted when DELFINA receives your order form electronically and the order’s information has been verified as correct.
Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
When transmitting the order form, you will be advised that forwarding the order constitutes an obligation to pay the price indicated. The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Order in the Customer Care area.
Before submitting the order form, you will be asked to identify and correct possible input errors.
After your order form has been submitted, DELFINA will process your order.
DELFINA may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that DELFINA has not carried out your purchase order specifying the reasons thereof. If the products displayed on delfinaswim.com are no longer available at the time of your last access or once DELFINA has received your order form, DELFINA shall inform you of the unavailability of the ordered products within thirty (30) days of the day after DELFINA has received your order.
If the order form has been sent and the price has been paid for items that are no longer available, DELFINA will refund the amount paid for those items, without undue delay, and the contract between the parties will be deemed to have been terminated
By submitting an order form to DELFINA, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with DELFINA. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on delfinaswim.com.
Upon submission of an order form, DELFINA shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products’ main characteristics, detailed information on price, terms of payment, return policy and shipping costs).
We would like to remind you that all items purchased are intended for use in the country they were ordered from. If, however, you decide to take the items to another country, you will be responsible for adhering to both the exportation legislation of the order country and the importation legislation of the destination country. DELFINA shall not be held liable.
3. Guarantees and Product Price Indication
On milaura.it, we offer for sale luxury and top-quality products. These products are purchased by DELFINA directly from fashion houses, manufacturers and dealers, carefully selected for their stringent quality control.
DELFINA does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. Only vintage products, which are sold in a specific area on delfinaswim.com, may be second hand and/or in a worn condition because of the particular nature of the product. In the description of each vintage product, DELFINA will specify the preservation conditions of the products if different from the standards set by the market.
The main characteristics of products are shown on delfinaswim.com on each product page. The products offered for sale on delfinaswim.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
Prices are subject to change. Check the final price of sale before sending the relevant order form.
Orders made from a Country site different from the one you are shipping to, or to addresses to which DELFINA cannot ship, will be automatically cancelled.
All products come with an identification tag attached with a disposable seal. Do not remove the tag or seal from the purchased products should you wish to return the purchased product.
Should you decide to exercise your right to return purchased products, DELFINA has the right to not accept returned products or to not fully refund the amounts paid for purchased products that are returned without the corresponding tag or seal or that have been altered from their original status or damaged, as is more extensively clarified under paragraph 8.10.
Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form. Under no circumstance will you be charged costs that are higher than those actually incurred by the Vendor, in relation to your previously selected payment method.
In case of payment by Credit Card or Bank Account, all details (for example, Card Number or Expiration Date) will be sent by encrypted protocol to Adyen or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by DELFINA except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the relevant costs for shipping and delivery, as indicated in the order form, will be charged to your current account when the order is actually made.
5. Value Vouchers
Value vouchers are personalised codes, also referred to as COUPONCODE, which allow you to take advantage of a discount on your purchase on delfinaswim.com
The COUPONCODE box is displayed on the first page of the Checkout: after you have inserted your items in the Shopping Bag and entered your code, press New Total. Value vouchers can be used only on the total order in the Shopping Bag.erefore any other item inserted in the Shopping Bag.
Restrictions to the use of value vouchers:
• The value voucher can be used only once, with the exception of returns (as specified in paragraph 5.4);
• The value voucher cannot under any circumstances be exchanged for money;
• You may not use more than one value voucher per order;
• The value voucher can be applied only to items with a higher value than the voucher itself;
• The value voucher cannot be applied to any Sample Sale or Charity Sale items.
If for any reason you are not satisfied with your order, you may return the item to which you applied the value voucher by following the standard return procedure, as described in the Returns and Refunds section. Once your return has been accepted, the respective code will be restored to its original value. The difference in price between the value voucher and the item you purchased will be reimbursed according to the time frame of our standard refund procedure.
6.Shipping and Delivery of the Products
For specific product shipping and delivery procedures, please visit the Customer Care area and read the Shipping section. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent. Shipping costs are clearly stated in the Deliveries pages, in the Customer Care area. Except for any other more advantageous temporary offer stated on our Home Page or in newsletters (e.g., free shipping), if you purchase more than one product using a single order form (up to a maximum of 7 products), shipping costs are paid for one product only (regardless of the number of products purchased with such order), so shipping is free for any additional product purchased (e.g. if you place an order of 4 products, you will pay the shipping costs for 1 product but not for the remaining 3 products).
7. Customer Care
To request any additional information, please contact us by visiting our Customer Care area.
You may return products purchased from milaura.it, without any penalty and without specifying the reason, within fourteen (14) days of receiving the products purchased on milaura.it, using the Return Form (in conformity with the standard form pursuant to Art. 49, Subsection 4 of the Consumer Code), which may be filled out and sent directly online through the website, or you may draft and send the Vendor another declaration explicitly stating your decision to withdraw from the contract.
If you choose to use the Return Form to send the form directly online through the website, the Vendor will send you an e-mail confirming receipt of the withdrawal request.
Should you instead choose to send another type of withdrawal statement, you will be responsible for proving that you exercised your withdrawal right in a proper, timely manner.
In order to withdraw from the contract, you may use Return Form (in conformity with the standard form pursuant to Art. 49, Subsection 4 of the Consumer Code), which may be filled out and sent directly online through the website, or you may draft and send the Vendor another declaration explicitly stating your decision to withdraw from the contract. If you choose to use the Return Form to send the form directly online through the website, the Vendor will send you an e-mail confirming receipt of the withdrawal request.
Should you instead choose to send another type of withdrawal statement, you will be responsible for proving that you exercised your withdrawal right in a proper, timely manner.
Once you have exercised your right to withdraw from the contract, you must return the products to the Vendor, sending them to the shipping agent for shipment within fourteen (14) days of when you informed the Vendor of your decision to withdraw from the contract.
If returning only some products purchased together using a single order form (partial return) and provided you use the courier stated by DELFINA on the Return Form, shipping is free. Barring any another, more advantageous temporary offer stated on our Home Page or in newsletters, should you decide to return the only product purchased using an order form, or all of the products purchased using a single order form (total return), the only costs at your own expense are those for return shipping
Should you decide to use the courier indicated by DELFINA in the online Return Form, DELFINA will pay for the return shipping costs for you and will relieve you from direct payment to the courier. DELFINA will withhold a flat rate as payment for the return shipping, which will correspond to the original costs paid for the shipping and delivery of the order. Additionally by using this courier indicated by DELFINA in the online Return Form, the Vendor relieves you from any responsibility for any loss or damage to the products during transport.
Should you decide to use a different shipping method than the one indicated by the Vendor in the Return Form, you must instead pay upfront for the costs you have incurred for returning the purchased products. In that case, you will also be refunded an amount equal to the cost of the standard shipping of the purchased products, although you will not be refunded for any additional costs you incurred due to having chosen another kind of shipment and delivery or one that is faster than the standard method. In this case you will still be able to be held liable if the products are lost or damaged during transport, whether due to your negligent choice of carrier and/or the shipment methods.
Except in certain specific circumstances, duly specified in the Returns section, you are not permitted to exchange or to replace purchased products with other products. Exchanges are allowed in certain circumstances if requested not later than fifteen (14) days of the date of delivery of the products by using the online return or exchange form on our website which can be accessed by inputting your order number (the “Return Form”). You may only request the replacement of one or more purchased products from a single order with products that are the same model but a different size and/or colour. The available replacement options will be indicated in the online Return Form on our website.
The return right – besides compliance with the terms and procedures described at par. 8.1, 8.2 and 8.3 above – shall be deemed correctly exercised once the following conditions have been fully met:
· Return Form directly transmitted online via the website, or another declaration explicitly stating your decision to withdraw from the contract must be correctly completed and submitted within fifteen (14) days from receipt of the products
· the products must not have been used, worn or washed
· the identification tag must still be attached to the products with the disposable seal
· the products must be returned, complete and unused, in their original packaging (in the case of hi-tech gadgets, funny gagdets, agendas, note books and toys, the packaging must include its original seal; if you want to return a kit, it must include all of its components)
· the returned products must be sent to the shipping agent within fourteen (14) days of when you informed the Vendor of your decision to withdraw from the contract;
· the products must not be damaged.
Whenever the conditions indicated in letters b), c) and d) of previous paragraph 8.8 are not respected, you will not be entitled to a full refund of the amounts already paid to the Vendor. You will indeed be responsible for the decrease in value of the returned products, following a use other than the one authorized by the Vendor with the intent of allowing you to assess the nature, features and functioning of the products themselves. In this case, between 10 and 90 percent of the amounts you paid to the Vendor to purchase the returned products will be deducted from the provided refund, whereby you will be specifically informed, via e-mail, by the Vendor. Within 15 days of sending the e-mail informing you of the amount deducted from the refund, you may choose to have the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor, informing the Vendor thereof according to the procedures of which you will be advised. Otherwise, the Vendor may retain the products and an amount corresponding to the percent deducted from the refund.
In the event that the checks do not have a positive outcome, the Vendor takes steps to inform you, via e-mail, that a decrease in value of the returned products has been detected, deriving from your failure to comply with the conditions indicated in letters b), c) and d) of paragraph 8.8 above. The Vendor simultaneously sees to it that you are also informed of the amount that will be deducted from the amounts you paid to purchase the returned products; without prejudice, in the alternative, to the possibility of your having the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor, pursuant to the terms provided for in paragraph 8.10
If the return right is exercised in conformity with the provisions set forth in this section, DELFINA shall refund the amounts paid for the returned products according to the methods and times of our standard refund procedure.
The refund procedure will be initiated by DELFINA within thirty (30) days of when DELFINA was informed of your decision to return. The procedure will begin after checking to ensure that the customer’s return is in accordance with the Return Policy and that the returned products have been accepted as indicated in par. 9.
In the event that your return does not comply with the terms and conditions set out in section 7 of these General Terms and Conditions of Sale, you will not be entitled to any refund of sums already paid to DELFINA; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to DELFINA. If you do not wish to receive the products in the conditions in which they were sent back to DELFINA, DELFINA shall be entitled to keep the products and withhold the sums already received.
9. Refund Times and Procedures
After the products have been returned, DELFINA shall check the conformity of the products with the conditions indicated in section 8 above. When DELFINA is able to confirm that such conditions have been met, DELFINA shall send you an e-mail confirming the acceptance of the returned products.
Whatever payment type you used, the refund procedure shall be started by DELFINA within thirty (30) days of when DELFINA was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned products have been accepted.
If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by DELFINA to the individual who made the payment.
DELFINA has chosen DHL (visit www.dhl.com) as DELFINA’s official package delivery company for returning products purchased on milaura.it. You may return products to DELFINA without having to pay for return shipping costs by using the pre-printed DHL label enclosed in original order. According to the terms and conditions stated in our Return Policy, this option allows DELFINA to pay the return shipping costs for you and will relieve you from direct payment to the courier. Additionally by using UPS, the Vendor relieves you from any responsibility for any loss or damage to the products during transport.
If you decide to return products using a different shipping company other than the one indicated by DELFINA, you will have to pay the return shipping costs upfront and you will be responsible for any loss or damage to the products during transit, according to the terms and procedures stated in our Return Policy.
10.2 You are advised to read, if you haven’t already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of delfinaswim.com
11. Governing Law
These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce.
Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr
12. Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on Delfinaswim.com