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Terms & conditions

General Terms and Conditions of Sale

Date: November 2020

General Provisions 

1.1. These general conditions of sale (“General Conditions”) describe the conditions under which DESTIN SURL, a company under Italian law, with a share capital of €10,000, registered office in Borgata Alloro 2 loc. Mosso 13835 Valdilana, Italy, registered with the Chamber of Commerce of Biella with registration number BI-188033, VAT No. 02383410020, (“DESTINSURL, “we”, “us”, “our”), sells, and a consumer (“you”) purchases, DESTIN products, (“Products”) via the Website https://www.destinsurl.com (“Website”).

1.2. These General Terms and Conditions apply to contracts of sale of Products entered into between you and DESTIN through the Website (“Contract”).

1.3. The sale of Products under these General Conditions is only permitted to consumers, i.e. natural persons who purchase for personal consumption (i.e. acting for purposes unrelated to their trade, business, craft or profession and not for profit), who are over 18 years of age and have the legal capacity to enter into a Contract in their own country.

1.4. Before placing an order, you will be asked to accept these General Terms and Conditions and the Website Terms and Conditions of Use (“TOU”). We therefore recommend that you read these documents carefully, especially these Terms and Conditions, before making any purchase, and that you save or print them for future reference. If you do not agree to these Terms and Conditions, the TOU and our Privacy Policy, you will not be able to order Products from the Website.

1.5. We reserve the right to change or update these Terms and Conditions, in whole or in part, without notice. We will post the most current version of the Terms and Conditions on this Web Site and will indicate the “Last Updated” date to reflect the date of the changes.

1.6. These Terms and Conditions should be read in conjunction with our Privacy Policy available at https://www.destinsurl.com ………………… which explains how we use your personal data, and our Cookie Policy available at …………………

Product Information and Availability 

2.1. Information about the Products (including the relevant Product codes) and their prices is available on the Website.

2.2. The Products available on the Website are generally a selection of the items normally available in stores. However, some Products may be available exclusively on the Website, while other Products may not be available for sale online. It may also happen that some Products cannot be shipped to your country.

2.3. Images of Products published on the Website may differ from the actual Products. In particular, the colors, fabric, tone, grain and texture of the Products shown on your screen may vary from the actual Products. Accordingly, you must rely only on the description of the Products and their features as set out on the Website.

2.4. We reserve the right, at our sole discretion, to limit the quantities and/or types of Products available on the Website for any one person, household or order. Such restrictions may include orders placed by or through the same account, paid for with the same payment method and/or orders using the same billing and/or delivery address. 

2.5. We may change or discontinue production of a Product or some of its features, as described on the Website, at any time without notice (this will not affect orders already placed at the time of the change). During the purchase process, we will inform you if your order cannot be processed due to the unavailability of the Products ordered.

2.6. If your connection to the Website is interrupted, your selection of Products may be lost. In this case you will be asked to re-enter the Products you have selected. Please note that the Products in your basket are not confidential and may be purchased by other customers. We are in no way responsible for the unavailability of a Product as a result of a failure or interruption of your connection to the Website.

Pricing 

3.1. Prices of Products are shown on the Website in Euros and include VAT and all applicable sales taxes and duties. Prices do not include shipping costs, which, if due, will be added to the price of the Products and will be indicated during the purchase process, before the order is confirmed.

3.2. We make every reasonable effort to ensure that all Product prices displayed on the Website are correct. However, errors may occur and the price of the Product may not be correct (incorrect price or typographical error in the price shown). In such event, we will, at our discretion, either (i) refuse to accept your order or terminate the Contract (depending on when the error is discovered) and notify you of such non-acceptance or termination, or (ii) contact you and ask if you would still like to purchase the Product at the correct price.

3.3. We reserve the right to change the prices of Products at any time without notice to you, but any such changes will not apply to Products for which you have already received an Order Acceptance.

Formation of Contract – Order Placing 

4.1 The information on Products and their prices set out on the Website is an invitation to offer and does not constitute an offer by us or a unilateral contract.

4.2. To purchase Products on the Website, you must follow the instructions provided by the online purchasing process: (i) place the selected Products (subject to the restrictions set out in Section 2.4) in your shopping cart, (ii) complete your order with your personal information (name, address, email, telephone, delivery/billing address), (iii) select your payment method, (iv) accept these Terms and Conditions, (v) accept the TOU and (vi) submit your order via the Website.

4.3. Before placing your order, you will be given an opportunity to review the items you have selected, check the total price and correct any errors.

4.4. Your order constitutes a binding offer to us to purchase the selected Goods in accordance with these Terms and Conditions, subject to your right of withdrawal in accordance with Clause 8 hereof. By placing your order, you agree to pay the price of the Products ordered.

4.5. All orders submitted are subject to acceptance by us. Once your order has been submitted, we will send you a confirmation email (“Order Confirmation”). However, the Order Confirmation does not mean that your order has been accepted. We may decide not to accept your order for any reason, or at our discretion, in whole or in part, without any liability to you. The following are examples of non-acceptance of your order:

(i) the Products are not available; or

(ii) you do not meet the eligibility requirements set out in Section 1.3; or

(iii) you have ordered an excessive number of Products (see Section 2.4); or

(iv) we are unable to obtain authorisation for your payment; or

(v) the price quoted is incorrect; or

(vi) fraudulent, illegal or unauthorized activity is reported or suspected, including suspicious purchases for commercial purposes; or

(vii) the delivery address you provided is not a valid address; or

(viii) you have not fulfilled your obligations under a previous contract with us.

4.6. The Contract between us and you will only be deemed to be formed when you receive an email from us confirming that your order has been dispatched (“Order Acceptance”). The Order Acceptance (or rejection) will be sent to the email address you provided in your order. Details of your accepted orders are available in the “My Account – My Order” section of the Website.

4.7. If one or more Products are out of stock, we will contact you to inform you of the unavailability of the Products. You will only be charged the price of the Product(s) that are available.

4.8. The Order Confirmation/Acceptance includes your order number, basic information about the Product(s) you have purchased, the price and the shipping address.

4.9. Once we have received your Order Acknowledgement, you will not be able to cancel or change your order unless otherwise stated in these Terms and Conditions. The Products shipped can still be returned, as established in Article 8 below.

4.10. From time to time we may invite you to pre-order selected Products on the Website before they are available for sale in stores or on the Website (“Pre-Order Products”). The thirty (30) day delivery period set out in Section 6.4 does not apply to Pre-Order Products. You will be advised of an estimated delivery date for Pre-Order Products when you confirm your order.

Payment 

5.1. You will pay for the price of the Products (including any applicable VAT, sales tax or other taxes), the cost of any additional services ordered by you (for example, the additional charge for personalised Products), if applicable, and the relevant delivery charges, if any.

5.2. We accept payments in the currency specified for the country of destination of the shipment that are made with the payment methods that we have proposed before confirming the order.

5.3. We will not charge you for your order until:

(i) we have confirmed the availability of the Products;

(ii) we have sent you an Order Acceptance;

(iii) we have received authorisation from your card issuer or, where applicable, from your PayPal account; and

(iv) your credit/debit card or PayPal account has not been verified;

5.4. If for any reason your payment cannot be processed, your order will be cancelled and the Contract will terminate immediately without any liability to you. In this case you will be notified in writing.

5.5. You are responsible for any fees or charges levied by the card company, bank or other payment institution as a result of processing your payment.

5.6. We will issue an electronic invoice for each order for Products purchased, and you consent to this form of invoicing. The electronic invoice is based on the information you provide when placing your order. Once an electronic invoice has been issued, you cannot change it in any way.

5.7 Please note that for pre-order Products, payment is not processed when you reserve the pre-order Product, but when the pre-order Product is available.

Shipping, delivery and collection 

6.1. Purchased Products may be shipped to the country of your choice, subject to assessment of shipping costs.

6.2. Products purchased will be shipped by a carrier selected by us (“Carrier”). We are not responsible for shipping problems that may arise as a result of an incomplete or incorrect address provided by you. Please note that we do not ship to PO boxes, forwarding addresses or hotels.

6.3. Purchased Products will only be shipped once payment of the total amount due has been received. If we do not receive payment in full for any reason, we may delay or refuse to ship the Products to you without any liability to you.

6.4. We will take all reasonable steps to deliver the Products you have purchased or make them available for collection at the selected Store designated by you within the estimated shipping time that will be communicated to you during the checkout process prior to our confirmation of your order, unless a force majeure event, an event beyond our reasonable control or unforeseeable circumstances occur. If delivery does not occur within thirty (30) days of Order Acceptance, you are entitled to cancel the Contract and we are required to refund, without undue delay, any amounts paid under the Contract.

6.5. Upon delivery of the Products by the Carrier, you (or your designated representative) shall:

(i) verify that the number of packages delivered corresponds to the number indicated on the delivery note;

(ii) verify that the packages and seals are intact, not damaged, damp or otherwise altered;

(iii) verify that the Products shipped meet the style, model, color, size, etc., of the Products as described in the Order Confirmation/Acceptance, that they have no obvious defects (including, without limitation, tears, scratches, color variations or other color defects, etc.) and that they are not incomplete (e.g., missing buttons or other accessories); and

(iv) sign the delivery note.

Any damage to the packages and/or Products, discrepancies in the number of packages or documentation, lack of conformity, or the presence of obvious defects in the Products must be immediately reported in writing on Carrier’s delivery note. To the maximum extent permitted by applicable law, once you have signed the Carrier’s delivery note, you will no longer be able to make a claim relating to the packages delivered, provided that you are entitled to make a claim relating to manufacturing defects in the Products as set out in Article 10 below.

6.6. You can track the status of your shipment by clicking on the link included in the Order Acceptance.

Risk and Ownership 

7.1. The risk of loss, damage and destruction of Products passes to you when you (or your nominee other than the carrier) take possession of the Products at the delivery address you provide or when you or your nominee collect the Products from the selected Store.

7.2. Title to the Products will pass to you on the date on which the Products are delivered to your delivery address or collected from the selected Store, as the case may be.

Right of Withdrawal and Returns 

8.1. You have the right to cancel the Contract if you change your mind or for any other reason, within thirty (30) days from the date on which you (or the person indicated by you) took possession of the Products or, in the case of multiple deliveries for the same order, from the date of the last delivery. 

8.2. The right of withdrawal does not apply to orders for (i) Personalized Products, such as Products with initials; (ii) Products made to your specifications or custom-made to your specifications; (iii) Products that may deteriorate easily or have expired; and (iv) Products that cannot be returned because of their nature (e.g., perfumes or cosmetics whose seal has been removed) or for hygiene reasons (underwear, swimwear, swim boxers, earrings or other jewelry to be used with piercings); (v) Latex Products; and (iv) Products for which you were informed at the time you placed your order that they are non-returnable (“Non-Returnable Products”).

8.3. To exercise your right of withdrawal you must notify us of your intention to withdraw from the Contract within the period set out in Section 8.1 above:

by sending us an email or by ordinary mail: 

the Withdrawal Form at the end of these General Conditions, duly completed and signed, 

o

a letter which includes the following information: (i) an indication of the Products for which you wish to exercise your right of withdrawal; and (ii) your order number, 

to the following address or email of the recipient:

DESTINSURL Borgata Alloro 2 loc. Mosso 13835 Valdilana BI info@destinsurl.com

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by filling out an online return form on the Website. 

8.4. You must return the purchased Goods to us within fourteen (14) days from the date on which you informed us of your decision to exercise your right of withdrawal, in accordance with Section 8.3) above, in accordance with the instructions set out in our Returns Policy available at

www.destinsurl.com……………..

8.5. The Products must be returned in their original condition, unaltered, unused, undamaged, in their original packaging, with the original labels attached and with their accessories and documents (e.g. instruction booklet, Product certificates, etc.), if any, and in an undamaged box.

8.6. If a returned Product does not meet the conditions for return as set forth in Section 8.5 above, we will re-send such Product to the address you provided on the return form or, if this address is not valid, to the address you provided when you placed the order. The return will be made within thirty (30) days of the date on which we notify you of our rejection of the returned Products, unless there is an event of force majeure, an event beyond our reasonable control or unforeseeable circumstances.

8.7. We will refund the amounts you have paid to us, including delivery charges, if any (except that, in respect of delivery charges, the maximum amount of the refund, if any, will be equal to the delivery charges for the cheapest method of delivery offered by us) within fourteen (14) days of the date on which we received the Products or on which you provide evidence that you have returned them, whichever is the sooner. We will not refund any charges that you have paid to a third party, particularly bank charges or customs charges, if any. We will make the refund using the same payment method that you used for the initial order. If you have paid for the Products ordered on a cash on delivery basis, if available, please note that a refund cannot be made in cash and we will only make the refund by bank transfer. You should also be aware that we may reduce the refund on the basis of any depreciation in the value of the Products resulting from any handling other than what is strictly necessary to ascertain the nature, characteristics and operation of the Products.

8.9 The provisions of Sections 8.1 to 8.7 will apply unless otherwise stated in our Returns Policy available at

www.destinsurl.com………………………….

Changes of Products 

9.1. Without prejudice to your rights under Articles 8 and 10, and except for non-returnable Products, we accept exchanges of Products purchased on the Website within thirty (30) days from the Delivery Date, in accordance with the procedure set out in our Return Policy available at https://www.destinsurl.com…………………………… We only accept exchanges for a different size of the same Product (same price / same color). If you wish to receive a different Product or the same Product, but in a different color, you must return the Product for a refund. You can then place a new online order for the Product you want.

9.2. All exchanges are subject to the availability of the new Product requested. Products can only be exchanged once.

9.3. We reserve the right to refuse the return or exchange of Products that do not meet the conditions set out in Section 8.5.

9.4. You will be responsible for any taxes or fees, or other costs, if any, incurred as a result of exercising your right to exchange Products under this Section 9, including, without limitation, shipping costs incurred in returning Products, unless the Products are damaged or defective.

Lack of Conformity – Manufacturing Defects 

10.1 If you find that a Product sold by us on the Website has manufacturing defects or does not correspond to the description (other than non-conformity with the Order Confirmation/Acceptance or obvious defects that should have been identified at the time of delivery, in accordance with Section 6.5), you must immediately contact our Customer Service Department by calling +39 0157011261 or by sending an email to info@destinsurl.com to arrange for repair or replacement of the Product.

10.2 We provide a warranty for Products that do not conform to what is set out in the Contract, which we have sold on the Website under the terms of Article 129 et seq. of the Italian Consumer Code, in addition to the warranty for hidden defects contained in Article 1490 et seq. of the Italian Civil Code.

10.3 Damages, alterations or modifications to the Product caused by you are not considered manufacturing defects or lack of conformity. By way of example, without limitation: damage caused by prolonged use or wear and tear over time; improper use (such as direct exposure to sunlight or heat, contact with liquids, rain or food); normal wear and tear and failure to follow care and/or cleaning instructions are not considered manufacturing defects or lack of conformity. Similarly, variations in texture, normal marks or irregularities in natural products (such as leather or fabric) are inherent to the Product and do not constitute manufacturing defects.

10.4 In the event that you request the repair, replacement or return of a Product due to manufacturing defects in accordance with Article 10, we will bear the shipping costs for the return of the Products to be repaired, replaced or returned, as well as the costs of sending the repaired or replaced Products back to you.

11 Liability

11.1. Nothing in these Terms and Conditions is intended to exclude or limit our liability for:

personal injury or death resulting from our negligence; 

fraud or fraudulent misrepresentation; 

breach of obligations under applicable consumer protection laws; or 

other legal actions that cannot be limited or excluded under applicable law. 

11.2 Subject to the foregoing, our aggregate liability, which shall be limited solely to direct damages caused by our breach, you incur in connection with any claim or other legal action arising out of or in connection with these Terms and Conditions and each Contract, shall in no way exceed the price of the Product(s) purchased by you on the Website pursuant to the Contract. We are not liable for any damages or losses that were reasonably foreseeable at the time you accepted these Terms and Conditions. We have no liability to you for consequential damages.

11.3. We shall not be liable for any delay or failure to perform our obligations under these Terms and Conditions if the delay or failure is caused by a force majeure event or is caused by a circumstance beyond our reasonable control, including, but not limited to, the following: governmental action, war, civil war, fire, flood, earthquake, hurricane and other natural disasters, epidemic, revolution, insurrection, invasion, military acts or usurpation of power, confiscation, terrorist activities, national strikes, blockades, embargoes, interruption or failure of computer, technology, electrical or telecommunications services and failure of third parties (such as suppliers and subcontractors) to perform their obligations to us.

11.4. If you do not meet the eligibility conditions set out in Article 1, we shall not be liable to you for any damage or loss that may result.

Guarantee of Authenticity and Intellectual Property Rights 

12.1. We guarantee the authenticity of all Products purchased on our Website.

12.2. DESTIN’s figurative or non-figurative trademarks, service marks, other trademarks, brand names, logos used on the Products, related accessories and/or packaging, whether registered or not, together with photographs, illustrations, images of the Products, trade names or trade names, domain names and URLs are and remain the exclusive property of our licensors and are protected by worldwide copyright, trademark and intellectual property laws. 

Promotions and Special Offers 

13.1. We may offer you promotions and special offers. The terms of such promotions and special offers will be specified on the Website (e.g., start and end date of promotions and offers, minimum order value, if any). Promotions and offers cannot be used in conjunction with other promotions and offers. In order to take advantage of the discount or offer applied, you must place your order by the date specified. The promotional code or special offer must be entered at the time of payment.

13.2. We reserve the right to (i) withdraw the promotion or special offer in advance and reject the promotion code at any time, and (ii) deny you the opportunity to participate in a promotion or special offer.

Entire Agreement 

14.1 These Terms and Conditions and the related documents to which express reference is made constitute the entire agreement between us in relation to the sale of the Products by us, and supersede any prior agreements, understandings or arrangements, whether written or oral.

Governing Law and Jurisdiction 

15.1. These Terms and Conditions and, accordingly, any Contracts entered into with Customers, shall be governed by and construed in accordance with the laws of Italy (without reference to its conflict of laws provisions). 

15.2. Any disputes which may arise out of or in connection with these Terms and Conditions and the Contracts shall be submitted to the exclusive jurisdiction of the competent courts.

15.3. Alternatively, you may access the European Online Dispute Resolution Platform provided by the European Commission and available at http://ec.europa.eu/odr, for the out-of-court alternative resolution of disputes which cannot be resolved between us and you.

Contact 

For further information and assistance with the Website, you may contact us in one of the following ways:

By sending a communication to DESTINSURL Borgata Alloro 2 Loc. Mosso 13835 Valdilana BI 

Sending an e-mail to info@destinsurl.com

By calling the number + 39 0157011261, 

or by using the contact form in the Customer Service section of our Website. 

Communications 

Notices to be given under these Terms and Conditions or the Contracts must be in writing. We will contact you by e-mail, telephone, SMS or provide you with information by posting notices on our Website.

Withdrawal Form 

(to be filled in and returned only if you wish to withdraw from the Contract)

To the kind attention of DESTINSURL Borgata Alloro 2 Loc. Mosso 13835 Valdilana BI 

info@destinsurl.com

I, the undersigned (1) hereby communicate my intention (1) to withdraw from the Contract of Sale (1) of the following goods (1)/provision of the following services (1),

Ordered on (1)/ received on (1),

Name of consumer(s)

Address of consumer(s)

Signature of the consumer(s) (only if this form is served on paper),

Date

0