TERMS AND CONDITIONS OF USE AND PURCHASE

1.1.    These general conditions govern the use of the "www.divinisartoria.com" website and apply to the sale and purchase of products marketed by Divini S.r.l. (hereinafter "Products"), a company with registered office in Milan at via B. Zumbini 39, VAT no. 12156790961 REA2644500 , (also "Seller") ordered or commissioned by customers

-either through the website www.divinisartoria.com (hereinafter the "Website"),

-or through the company's social media channels (cumulatively also "Social Media" or "Social Channels") namely:

2. DIVINI S.R.L. PRODUCTS

2.1.Divini S.r.l. is an online artisanal tailoring for children, active in the creation of exclusive items, made from time to time to standard measurements and upon specific request of the Customer.

2.2. The videos and photos published on the Website and Social Media refer to garments and models that can be made by Divini S.r.l. specifically for the Customer, but which are not available for immediate delivery.

 3. THE PARTIES

3.1.Purchases of the Products made through the Website or Social Media are concluded between Divini S.r.l. and the natural person who buys them for purposes unrelated to their entrepreneurial, commercial, artisan or professional activity, as the buyer.

3.2.To make a purchase through the Website and/or Social Media, the Customer must have the legal capacity to act and validly enter into binding agreements under the law applicable to the contract concluded with the Seller. By placing the Order, the Customer confirms that they have such capacity.

4. ORDERS AND CONCLUSION OF THE CONTRACT

4.1. Order Request

To make purchases through the Website and Social Media, registration is not required.

The Customer, after choosing a Divini S.r.l. model on the Website or Social Media, must send to the Seller, in order to proceed with the Product Order:

The Seller reserves the right to refuse or partially accept the Customer's Order Request.

In case of partial acceptance, the Customer, if they still wish to proceed with the order, will only pay the price relating to the available Products, which will be charged using the indicated payment method.

4.2. Order Draft

After processing the Order Request, Divini S.r.l. will send the Customer by e-mail an "Order Draft" containing a summary of all relevant details of the selected Products, the price indication and terms and methods of payment, delivery information and related costs if applicable, and applicable taxes and costs.

4.3. Order Approval

The Customer, after checking all the information contained in the Order Draft, will approve it by choosing the payment method. As better specified in point 7) of these general contract conditions, payment is possible:

In the event of errors and/or omissions in the Order Draft, the Customer must immediately report them to Divini S.r.l. who will send them a new corrected Order Draft. Divini S.r.l. will not be liable for omissions and errors not detected by the Customer in the event of requests for refunds and/or returns.

4.4. Order Confirmation and Conclusion of the Contract

After receipt - by Divini S.r.l. - of the payment of the amount due for the Order placed, the Customer will receive an Order Confirmation and from this moment the contract will be considered concluded between the Parties.

If the Customer does not receive the Order Confirmation within the term of 5 (five) days, they must promptly contact Divini S.r.l. at the address: info@divinisartoria.com

Since each Product is made exclusively for the Customer, Divini S.r.l. will proceed with the production of the ordered garments only after the full payment of the price of the Order. The fabrics selected by the Customer at the time of the order request will also be reserved only after payment of the price.

In case of non-payment of the price of the Order, the same will be cancelled, with Divini S.r.l. reserving the right to apply the penalty provided below in article 8 of these general conditions of contract.

Should Divini S.r.l. be forced to cancel an already confirmed Order due to exceptional circumstances, it will immediately refund any price paid, without further compensation for damages.

In the event that the cancellation of the Order is only partial, the Customer will be given the option to choose between the return of the amount (paid for the unavailable product) or to opt for an alternative solution proposed by Divini S.r.l.

5. ORDER CANCELLATION OR MODIFICATION

5.1. Should the Customer wish to modify or cancel the confirmed order, they must promptly send an email to: info@divinisartoria.com, and Divini S.r.l. will do its best to satisfy the Customer's request.

5.2. However, once the Order has been shipped and/or its production has begun, it cannot be cancelled or modified.

6. INVOICING

6.1. For all orders placed through the Website and/or Social Media, a payment receipt will be issued.

6.2. Divini S.r.l. will issue an invoice only upon express request of the Customer, who must provide the necessary data for its heading. In this case, Divini S.r.l. will send the invoice via email or post to the person indicated in the Order Draft, based on the information provided by the Customer.

6.3. No changes to the invoice will be possible after its issuance, and Divini S.r.l. cannot in any way be held responsible for errors and/or omissions made by the client when entering their data.

6.4. Orders will be stored in the Seller's database, integrated on the website, in compliance with the provisions of the personal data processing regulations.

7 . PRICE AND PAYMENT METHODS

7.1. Product prices are expressed in € (Euro) and VAT will be applied where due.

7.2. Delivery costs are clearly indicated during the order completion process and may vary if promotions are active.

7.3. The Client may pay the price of the Products and related delivery costs by Credit and/or Debit Card or by Bank Transfer.

7.4. In the case of payment by bank transfer, the total amount expected for the Products and indicated in the “Order Draft” must be paid - within 24 hours of receiving the email referred to in point 4.2 - by the Client to the following coordinates: IBAN  IT21P0304801600000000082434 - in the name of DIVINI SRL-

7.5. Within 24 hours of making the bank transfer, the client must send a copy of the transfer order to the email address info@divinisartoria.com, indicating the order number in the email subject.

7.6. Product production will begin only after receipt of payment.    

7.7. To reduce the risks of unauthorized access, card data will be encrypted. In case of credit card payment, the Client will be redirected to the website page of the issuing bank or the "online" payment service provider, to which they must communicate their credit card data via a secure connection against unauthorized access, through encrypted SSL (Secure Socket Layer) data transfer. Such data are not accessible to third parties at Divini S.r.l. and/or third parties. Divini S.r.l. expressly disclaims any responsibility towards the Client and/or third parties for any unauthorized transactions.  

7.8. By proceeding with credit card payment, the Client confirms that the credit/debit card used is wholly owned by them.

7.9. In case of false and/or misleading declarations, Divini S.r.l. reserves the right to suspend or cancel the order.

8. PENALTY

In the case of Order Confirmations equal to or greater than 500.00 euros for which the Client has not paid the price or has paid only in part, in violation of the contractual terms, the Seller reserves the right to claim a penalty equal to half the price of the product or the remaining outstanding balance even if the garment has not yet gone into production.  

9. SHIPPING AND DELIVERY

9.1. Divini S.r.l. will send the Client a confirmation email (“Shipping Confirmation”) once the Product has been shipped and, unless otherwise agreed in writing, the shipping and delivery of the Product will take place, in the manner indicated in the Order Confirmation, but not before 15 business days from payment of the price: a term not to be considered essential in the sale of Products. The Client will be provided with a tracking number, useful for tracing the shipment.

9.2. The Product will be considered delivered when it appears - on the courier's website - delivered to the destination address provided by the Client and indicated in the Order Confirmation.

9.3. Delivery costs are borne by the Client, unless there is a promotion that excludes charging them, and are distinctly highlighted in the order. These may vary depending on the shipping method and the destination of the Products.

9.4. Shipments abroad may be subject to import taxes or customs duties. Such amounts, determined at the time the Product enters the Country of destination, are borne by the Client and are reported in the order.

9.5. Divini S.r.l. is not responsible for any delivery delays in Italy and/or abroad or rejection of the Product for customs reasons. Any restrictions on the movement of Products (e.g., local regulations on leather, furs…) in the country where the Client who requested delivery is located must be communicated at the time of the Order Request by the Client to Divini S.r.l.

9.6. Orders will be processed and delivered typically from Monday to Friday. Divini S.r.l. is not responsible for unpredictable delays due to force majeure nor for damages caused by force majeure or by the carrier's responsibility.

9.7. Upon delivery, the Client is required to check that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials.

The Client must, without delay, communicate any problem regarding the delivery by writing to: info@divinisartoria.com

9.8. Divini S.r.l. will do its utmost to assist the Client and possibly resolve the problem, it being understood that the Company cannot in any way be held responsible for damages and/or alterations of products entrusted to the courier.

9.9. If Divini S.r.l. is unable to deliver the ordered goods due to subsequent unavailability - even temporary - of the Products, Divini S.r.l. will promptly notify the Client.

10. APPLICABLE LAW

Contracts concluded with Divini S.r.l., through the Website and/or Social Media are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 (Consumer Code) and Legislative Decree 9 April 2003, n. 70 (Implementation of Directive 2000/31/CE relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce).

11. RIGHT OF WITHDRAWAL AND RETURN POLICY

11.1. Pursuant to art. 59 of Legislative Decree no. 206/2005, as replaced by art. 1, paragraph 1, Legislative Decree21 February 2014, no. 21, the right of withdrawal referred to in articles 52 to 58 for distance contracts and contracts negotiated off-premises is excluded under letter c) after payment of the Product price, given that it falls within the regulatory exception as made expressly for the Client following payment of the consideration.

11.2. If the Product delivered differs from what was stated in the Order Confirmation due to the exclusive responsibility of the Seller, the Client may request - by sending an email to info@divinisartoria.com - the replacement of the garment (or the issuance of a voucher if replacement is not possible), which will take place as soon as possible.

After the Client's request, Divini S.r.l. will carry out the necessary checks and send, as appropriate, an email of “Return Authorization” or “Denial of Return Request”.

Only a request for replacement of the Order is expressly permitted, and in any case any further damage is excluded.

11.3. After receiving an email of “Return Authorization”, the Client is required to return the Product in perfect condition within 5 (five) business days from the date of receipt of the return authorization, to the following address: Divini S.r.l. Via B. Zenale 13, 20123 Milan (MI). Alternatively, Divini S.r.l. may, if agreed with the Client, arrange the collection of the garment(s) at the Client's address.

11.4. In the case of shipping the Product referred to in the previous point, the Client must ship the Products to be returned using an insured courier for tracking purposes as well as packaging that protects and preserves its integrity. Divini S.r.l. will not be obligated to refund or replace those Products returned that are lost, stolen, or damaged.

12. WARRANTIES, DEFECTS OF CONFORMITY, COMPLAINTS

12.1. Should a Product sold by Divini S.r.l. show a defect or non-conformity, the Client must immediately, and no later than two months after discovery, contact Customer service at: info@divinisartoria.comindicating in the email subject “defect-non-conformity” and the order number. The Client must also attach photographs and/or videos proving the defect of the product, in order to allow Divini S.r.l. to carry out the necessary checks.

12.2. The Products sold through the Website and/or Social Media are covered by the mandatory legal guarantee provided by law in favor of consumers, covering any defects of conformity existing at the time of delivery of the goods.

12.3. The legal guarantee covers any defects of conformity of the Product, not attributable to incorrect or improper maintenance and use thereof, that should appear within two years from its delivery, provided that they are reported within two months from the discovery of the defect of conformity.

12.4. Pursuant to applicable law, a lack of conformity exists if the product You purchased (i) does not conform to the description provided and does not possess the qualities presented on this Site and/or on the Social media highlighted above; (ii) is not fit for the purpose for which products are normally intended; (iii) does not possess the qualities and characteristics of a product of the same type and that can be reasonably expected, taking into account the nature of the good and, where appropriate, the specific characteristics presented.

12.5. Within the limits provided by Law, all additional and waivable warranties are excluded, except for those that cannot be lawfully excluded for consumers and users.

12.6. In case of verified lack of conformity, the Customer has the right free of charge to the restoration of the conformity of the Product, or Divini S.r.l. will arrange, in agreement with the Customer, its replacement or refund, communicating the modalities.

13. FORCE MAJEURE

13.1. Divini S.r.l. will not be held in any way responsible for failures or delays in the performance of any of the obligations under the Contract caused by events beyond its reasonable control ("Force Majeure Events").

13.2. Force Majeure Events mean any act, event, non-occurrence, omission or accident beyond all reasonable control; this expression includes, by way of example but not limitation, the following:

a. Strikes, lockouts or other industrial action.

b. Riots, insurrections, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war.

c. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.

d. Impossibility of using railways, shipping, air transport, motor transport or other means of public or private transport.

e. Impossibility of using public or private telecommunications networks.

f. Acts, decrees, laws, regulations or restrictions of any government.

g. Any strike, disaster or maritime, postal or other relevant transport accident.

h. Epidemics.

i. Unforeseen and severe increases in the prices of raw materials and labor.

13.3. It is understood that the performance of the obligations under the Contract will remain suspended for the entire duration of the aforementioned events. The term for contractual fulfillment will be extended by a period equal to the duration of the impediment or force majeure event, with the Seller reserving the right to cancel the confirmed order, refunding the Customer any price paid.

13.4. Even pending force majeure events, Divini S.r.l. will do everything possible to find a solution through which to fulfill its contractual obligations.

14. PRIVACY

Divini S.r.l. declares and guarantees that the Customer's personal data will be processed in accordance with the provisions on Privacy. Details relating to the data processing methods are communicated to the Customer through the appropriate privacy policy document.

15. ERRORS AND INACCURACIES

15.1. Divini S.r.l. aims to provide constantly updated information on the Site and/or on Social media.

15.2. Due to technical reasons or reasons beyond the Seller's will, the actual colors, textures, and sizes of the products may vary from what is shown on the Site and Social media.

15.3. Divini S.r.l. reserves the right to correct any errors, inaccuracies, or omissions that may be present on the Site and Social channels. Divini S.r.l. reserves the right to modify and/or update the information contained on the Site and/or on social channels at any time, even after an order has been sent, and without any prior communication.

16. AUTHENTICITY GUARANTEE

Divini branded Products sold online through www.divinigenova.com are original and the creations are exclusive to the Seller.

17. INTELLECTUAL PROPERTY

17.1. The "Divini Genova" Trademark and the associated logo are the exclusive property of Diva Castello.

17.2. No page or content of the Site and Social media may be reproduced, transferred, modified, linked and used for public or commercial purposes without prior express written authorization.

18. VIRUSES, PIRACY AND OTHER CYBER ATTACK RISKS

18.1. The Customer must avoid any improper use of this site, as well as avoid the introduction of viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If unauthorized, they must not access the website or the server where it is hosted or other servers, computers or databases related to our website. The Customer undertakes not to perpetrate DoS attacks against this website.

18.2. Failure to comply with this clause may result in violations defined by relevant regulations. In case of non-compliance with the aforementioned regulations, Divini S.r.l. will inform the competent authorities with whom it will collaborate to identify those responsible for the perpetrated attack. Similarly, in case of non-compliance with this Article, the Customer's authorization to use the website will be immediately revoked.

18.3. To the maximum extent permitted by current legislation and in compliance with the fundamental rights of consumers, Divini S.r.l. declines any responsibility for any damages or losses resulting from a DoS attack, virus or other program or materials that may cause technological damage to Your computer, IT equipment, data or materials as a result of using our website or downloading content from it or redirecting the user to it.

18.4. If the Site and/or Social media contain links to other pages or third-party materials, these links will be provided for informational purposes only, without control by the Seller over the content or materials contained on such pages or sites.

18.5. Therefore, any responsibility is declined in the event of any damages or losses resulting from their use.

19. APPLICABLE LAW, DISPUTE RESOLUTION, COMPETENT COURT

19.1. The conditions of access to the Site and Social media are governed by Italian law and must be interpreted in accordance with Italian laws.

19.2. In case of malfunction or dispute between Divini S.r.l. and the Customer, the latter may address their complaints to the Seller via the email address: info@divinisartoria.com in order to seek an out-of-court dispute resolution.

19.3. To this end, and in accordance with EU Regulation N. 524/2013, the Customer is informed of their right to seek out-of-court dispute resolution regarding orders placed through this website via the European ODR (Online Dispute Resolution) http://ec.europa.eu/consumers/odr platform made available by the European Commission for out-of-court resolution of disputes arising from online contracts for goods and services concluded between consumers and professionals.

19.4. For any action arising from or related to the conditions, browsing, use of the Site, Social media and/or the contract, the court of Milan shall have jurisdiction.

20. CONTACTS

For all contacts and communications, the Parties will consider the data indicated in point 1 of the General Conditions for Divini S.r.l. and the data indicated in the Order Confirmation for the Customer.

21. USE OF THE WEBSITE AND SOCIAL MEDIA

21.1. By using the Site and Social media and/or placing orders through them, the Customer agrees to:

(a) use the platforms only to place legally valid inquiries or orders;

(b) not place false or fraudulent orders. If it is plausible to believe that an order of this nature has been placed, Divini S.r.l. is expressly authorized to cancel it and inform the competent authorities;

(c) provide their email address, postal address and/or other contact details truthfully and correctly. Similarly, the Customer consents to the use of this information by Divini S.r.l. to contact the buyer (For more information on the use of this information, please refer to the Personal Data Protection Information Notice).

21.2. If all the necessary information for placing the order is not provided, the request cannot be processed.

21.3. By placing an order through the Site and Social media, the Customer declares and guarantees to be of legal age (18 years or older) and to have the legal capacity to enter into binding contracts.