GENERAL TERMS AND CONDITIONS OF USE AND SALE

OVERVIEW

This website www.daizyshely.com (hereinafter “website”) is managed and maintained by Daizy Shely S.r.l., a company organized and existing under the laws of Italy, with registered office in 20122 Milan (Italy), Via Alfonso Lamarmora 36, business register number, tax code and VAT number 08552960968. Throughout the site, the terms “we”, “us” and “our” refer to Daizy Shely S.r.l.

Please read carefully these general terms and condition of use and sale. By visiting our website and/or submitting a purchase order to our online store, you engage in our “Service” and agree to be bound by the following terms and condition of use and sale (hereinafter, “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all the Terms of Service, then you may not access the website or use any services.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Remember that you will be liable for your use of our website and its contents. 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.

We shall not be considered liable for any use of the website and its contents made by any of its users that is not compliant with the laws and regulations in force.

SECTION 1 – INTELLECTUAL PROPERTY RIGHTS

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, domain names and computer codes (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on this website is owned, controlled or licensed by or to Daizy Shely S.r.l., and is protected by copyright, patent and trademark laws, various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms, no part of this website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

SECTION 2 – PERSONAL DATA

Your submission of personal data through the store is governed by our Privacy Policy (create a link to Privacy Policy).

Please read carefully the Privacy Policy which also applies in the event that users access to this website and use the relevant services without purchasing any products. The Privacy Policy will help you understand how and for what purposes we collect and use your personal data.

By using this website you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This website may contain certain historical information which, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 5 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features and/or tools through the website. Such new features and/or services which are added to the current website shall also be subject to these Terms of Service.

SECTION 6 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s general terms and conditions, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property right or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 8 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using our website or its content:

a)       for any unlawful purpose;

b)      to solicit others to perform or participate in any unlawful acts;

c)       to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

d)      to infringe upon or violate our or third-parties’ intellectual property rights;

e)       to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

f)       to submit false or misleading information;

g)      to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

h)      to collect or track the personal information of others;

i)       to spam, phish, pharm, pretext, spider, crawl, or scrape;

j)       for any obscene or immoral purpose;

k)      to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

You must not transmit any worms or viruses or any code of a destructive nature.

We reserve the right to immediately terminate your use of the Service or any related website in the event you violate any of the prohibited uses or any of the Terms.

SECTION 9 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Daizy Shely S.r.l. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 10 – DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products delivered to you (except as expressly stated by us) are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of quality, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 11 – ONLINE STORE TERMS

Our online store is dedicated to consumer only. “Consumer” shall mean any natural person who purchases on our website for purposes which are outside his/her trade, business or professional activity. If you are not a Consumer, please do not use our online store for purchasing products. We shall be entitled to object to the processing of purchase orders from persons other than consumers as well as orders which does not comply with these Terms.

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to intellectual property laws).

SECTION 12 – PRODUCTS

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the online store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right to limit the sales or the quantities of our products or to discontinue any product at any time.

We warrant that the purchased products shall conform the features and quality described in the website, but we do not warrant that the features and quality of such products will meet your expectations.

SECTION 13 – PURCHASE ORDERS AND ACCEPTANCE

The way in which products are displayed on our website shall be considered as an invitation to make a purchase proposition. These propositions are in no way binding for Daizy Shely S.r.l. which bears no obligation to accept the resultant proposition.

To purchase one or more products on our online store you shall fill out the online order form and send it electronically to us, following the instructions given by our website.

The order form contains a link to these Terms of Service, 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 delivery costs.

Before submitting your order form you will be asked to confirm – by ticking a check box (clickwrap) or clicking a submit botton (brosewap) – that you have carefully read and accept the Terms of Service  and to identify and correct possible input errors.

An order shall be deemed submitted when we receive your order form electronically. Please note that we may not process purchase orders when orders are incomplete or incorrect, or the products are no longer available or when, in our sole judgment, the orders appear to be placed by subjects other than Consumers (for example, dealers, resellers or distributors).

We reserve the right to reject the received purchase orders without that rejection being subject to action or claims on the part of the client with regards to Daizy Shely S.r.l.

We reserve the right to limit the sales of our products or Services to any geographic region or jurisdiction.

Upon submission of an order form we will verify that the information contained therein are complete and correct and, in the affirmative, if the products displayed on the online store are available. If the ordered products are not available we will inform you of such circumstance within fifteen (15) days from the day after we have received your order.

After the order has been verified as complete and correct and the ordered products as available, we will accept the order, by sending to you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Use and Sale, the products’ main characteristics, detailed information on price, return policy and shipping costs). The sale contract between you and Daizy Shely S.r.l. enter into force after we send you the purchase order receipt e-mail email confirming our acceptance of the order. The sale contract is therefore concluded in Italy.

SECTION 14 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry date, so that we can complete your transactions and contact you as needed.

SECTION 15 – PRICE AND PAYMENT

The prices published on our online store include the current VAT, excluding shipping costs.

Prices are subject to change without notice and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before submitting the order form.

Payment of the product prices and relevant costs for shipping and delivery must be made by using the procedures indicated on the order form.

You will have to pay through PayPal. You will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’.

Please see www.paypal.com for information on PayPal payments.

You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization 

SECTION 16 – DELIVERY OF PRODUCT

We will deliver the purchased product as soon as possible and, in any case within thirty (30) calendar days from the date on which your order has been accepted pursuant to Section 13.

You agree that we will not perform the delivery of purchased products if the price cannot be charged on your credit card for any reason. In such case we will inform you that we will not perform the delivery, giving to you a further term of 7 (seven) days from the receipt of our email for performing the payment obligation. If you do not perform the payment obligations within such term the contract shall be considered as terminated.

SECTION 17 – EARLY TERMINATION OF THE CONTRACT

If you are a Consumer, you have the right to terminate the contract in relation to products purchased from us, without any penalty and for any reason, within fourteen (14) calendar days from the date you receive the products (or, for purchases of multiple products, from the date on which you received the last product), by notifying us your decision to terminate the contract via email at info@daizyshely.com.

In case of termination you shall return the products to Daizy Shely S.r.l., via Alfonso Lamarmora 36, 20122 – Milan (Italy), within fourteen (14) calendar days from the date you notify us of the termination, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

The right to return is exercised properly when the following conditions have been met:

a)       the products should not have been used, worn, washed or damaged;

b)      the identification tag should still be attached to the products with the disposable seal;

c)       the products should be returned, complete and unused, with their original packaging;

d)      the products should be returned to us within fourteen (14) calendar days of the date you notify us of your decision to cancel.

If you terminate the contract within the term set forth in this section and the right to return is exercised properly, you will receive a full refund of the price of the products. Such refund will be performed as soon as possible and, in any case within fourteen (14) calendar days from the date on which we receive the products

You may be liable for, and we may deduct from any refund due to you, any decrease in the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products.

SECTION 18 – NON-CONFORMITY

If you are a Consumer based in the European Union, Daizy Shely S.r.l. undertakes to remedy any non-conformity to the contract of the purchased product, in accordance with consumer protection legislation.

In case of non-conformity of the purchased product you shall notify us in accordance with consumer protection legislation – describing, in detail, the nature of the defect or fault – and return the products to Daizy Shely S.r.l., at the address forth in Section 22 of these Terms, within 7 (seven) calendar days from the date you notify us of the non-conformity.

SECTION 19 – GOVERNING LAW

These Terms of Service 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.

SECTION 20 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 – CONTACT DETAILS

Complaints, claims, concerns, or questions should be directed to:

Name:             Daizy Shely S.r.l.

Address:         20122 – Milan (Italy), via Alfonso Lamarmora 36

Tel.:                 +30 0229514176

Email:             info@daizyshely.com

PEC:               daizy@legalmail.it