Terms and Conditions
This document contains the general conditions of sale governing the terms and conditions of purchase online via the website dayaneandyou.com in ownership of KOSMOPEA SRLS P.I. 03941821203, Via E. Fermi, 13 – 25020 Poncarale (BS) Italy.
Products and services purchased on the Site are sold directly by KOSMOPEA SRLS P.I. 03941821203, Via E. Fermi, 13 – 25020 Poncarale (BS) Italy (the “Seller”).
For more information, you can contact the Customer Service of the Seller by the form on the contacts area of the site. The Seller reserves the right to modify the present general conditions of sale at any time; any new rules will be effective from the time of their publication on the website and will apply to sales that will be carried out starting from their publication. The Seller invites you to read carefully the present general conditions of sale before each purchase through the Site.
1.1 Customer: the consumer, as defined below.
1.2 The Order Confirmation: notice sent to the customer via email, with which it ratifies the definitive detail concerning the purchase contract concluded between the seller and the customer (referred the present conditions of sale are an integral part).
1.3 Consumer: a person, adult or however capable to act within the meaning of law, who makes an order on the Website for purposes unrelated to the business, commercial, craft or profession possibly carried out subject to the legislation referred to in D. Lgs. n. 206/2005 and subsequent modifications and integrations.
1.4 Price: the contractual payment indicated in the Order Confirmation, inclusive of VAT.
1.5 Product/i: the products listed in the electronic catalog published on the site so as described in the relevant product information sheets, and detail indicated in the confirmation of order.
- Trade policy – Scope of application
2.1 In consideration of its commercial policy the Seller reserves the right not to follow up the orders coming from persons other than the Customer or anyway to orders that do not conform to its commercial policy. These Conditions of sale govern exclusively the offer, the forwarding and the acceptance of purchase orders of products between customers and the Seller through the Site (“Conditions of Sale”).
2.2 These Conditions of Sale do not regulate instead the provision of services or the sale of products by subjects different from the seller that are present on the site through any links, banners or other hypertext links. Before submitting purchase orders for products and/or services by persons other than the seller, the customer is asked to check their conditions of sale. The Seller is not responsible for the provision of services by third parties other than the seller or the conclusion of operations of electronic commerce among users and third parties.
2.3 In the event of an IT, manual, technical or other error that may result in a substantial change, not foreseen by the Vendor, of the public sale price, which makes it exorbitant or clearly ridiculous, the purchase of the order will be considered not valid and canceled and the amount paid by the customer will be refunded within 14 days from the day of cancellation, upon notice to the customer.
2.4 The seller reserves the right to verify and evaluate the correctness and good faith of the customer, in particular in the case of use of promotions or discount coupons. In the event that the customer’s behavior turns out to be illegal and incorrect, the seller will promptly inform and proceed with the purchase order.
2.5 These Conditions of sale are posted on the home page of the site and are viewable by the customer at any time before and during the course of the procedure for placing an order.
- How to conclude the contract.
3.1 To conclude the contract for the purchase of one or more of the products on the site, the customer will have to fill in the order form in electronic format, taking care to correctly enter your data as required in the module itself and transmit it electronically to the seller, by following the instructions on the site. To conclude the contract for the purchase of the customer will be able to create your own “account” (or personal profile) by compilation of forms on the site, taking care to correctly enter their personal data as requested by the forms electronic recording, so as to be able to proceed in an easier way to purchases, even subsequent to the first, without having any time Please recompile all modules. The Customer in any case takes responsibility for the truthfulness and accuracy of the personal data entered and issued to the seller in the registration phase and/or sending the order form. It is understood that any damage/Delay/Discomfort referable and/or attributable to non correctness and/or untruthfulness of personal data inserted at the time of registration and/or subsequently modified in no event will be charged to the seller.
3.2 In the order form is contained a reference to the conditions of sale and a summary of the main information relating to each product ordered. In particular, are clarified the price (inclusive of all taxs and/or applicable taxs), the means of payment used and the mode of delivery of the products ordered (accompanied by related costs). There is also a reference to the general conditions of use of the site.
3.3 Before proceeding with the purchase of products by transmitting the order form, it is the duty of the customer to read carefully the General Conditions of sale and the terms and conditions of use, as well as to print and/or store a copy for possible future use. In particular, prior to the conclusion of the procedure for on-line purchase and payment, the customer will be invited to take vision and accept these conditions of sale and to print or save electronic copy and still keep the present conditions of sale in the observance of what is provided for by Legislative Decree No. 206/2005 (“Consumer Code”).
3.4 The contract is concluded when, downstream of the test by the customer of the data related to the order, the seller receives via telematics the corresponding order form.
3.5 With the transmission of the order form, the customer accepts unconditionally and undertakes to observe, in relations with the seller, the present conditions of sale. If the customer does not agree with some of the terms herein, is invited not to submit the order form for the purchase of products on the site.
3.6 With the transmission of the order form the customer confirms to know and accept also the further information contained in the website, in the general conditions of use, and in the information on the processing of personal data.
3.7 The order form will be filed at the data bank of the seller for the period of time necessary for the fulfillment of orders and however in terms of law. The customer can access the order form, by referring to the section Account > My Orders or, in case the customer is not registered to the site in the Support Area, by entering the code of the order and the email used in phase of compilation of the form of order creation.
3.8 The language available to the customer to conclude the contract with the seller is Italian.
3.9 The prices of the products may be subject to updates. The customer has the obligation to ensure the final sales price before submitting the form to order.
3.10 purchase requests coming from countries not included among those listed in the section “Shipments” will not be accepted by the Seller.
3.11 concluded the contract, the Seller will pay the corresponding purchase order.
3.12 The Seller may not giving way to purchase orders submitted by the customer in the case not provided sufficient guarantees of solvency or in case the data from the latter provided are incomplete or incorrect. In these cases, the Seller will provide, via email, to inform the customer of the failure to conclude the contract, stating the reasons for which it was not possible to comply with the order.
3.13 In general, all items on the site are immediately available. However, the seller may under no circumstances be held responsible for the temporary unavailability of one or more products. Where specific products presented on the site are not available or for sale after the sending of the order form, will be the responsibility of the Seller to communicate to the customer before the Order Confirmation, the aforesaid unavailability. Except as hereinafter agreed (see section right of withdrawal), sending the order form from part of the customer, applies as also acceptance of any partial delivery, limited to products available in the context of those ordered as well as as a waiver to request this title indemnity and/or compensation. If the customer had already settled the payment of the full order, the Seller will reimburse the amount corresponding to the products not available according to the modalities described below (see section times and methods of reimbursement).
3.14 Once a contract has been concluded, the Seller will transmit to the customer, email address and in the language indicated in the order form, a confirmation of order request, containing a summary of the information contained in the module itself. This document is not to be understood as the Order Confirmation will be sent subsequently, at the time of the actual shipment of the products.
3.15 At the time of the actual shipment of products present in the order form, the Seller will send to the customer, email address and in the language indicated, the Order Confirmation. This document will contain the list of the products actually purchased together with their main characteristics, including that relating to the price inclusive of VAT. It shall also include all information relating to shipping data, the costs and the expected delivery time. In addition, you will be shown the total cost of the order (with and without VAT) and the main information relating to the payment made. Finally, the document in question will contain a summary of the conditions of sale of the general conditions of use of the site and the fiscal data of the Seller (name, legal form, Sede legale, enrolment in the Register of Companies, Tax Code, VAT number and responsible).
- Cancellation of the Order
4.1 Without prejudice to what is proposed in the area of the recess, it is possible to cancel the orders not yet shipped (marked with status: in processing or awaiting payment) by contacting Customer Service.
4.2 It is not possible to cancel an order once started the shipping process.
4.3 In the case in which at the time of cancellation of an order, the corresponding payment had already been carried out, you will need to contact Customer Service to proceed to the reimbursement procedure (as described in section times and methods of reimbursement).
5.1 Products offered on the website are only first quality products.
5.2 The Seller does not sell products irregular or of lower quality than the corresponding standard offered on the market.
5.3 The essential characteristics of the products are indicated on the site in correspondence of each detail page of the product. The images and colors of the products offered for sale could however not be corresponding to those of the actual effect of the Internet browser and of the monitor used. It is understood therefore that, without prejudice to the particulars relating to the label, the customer will not be able to advance any exception in respect of the Seller and/or supplier in the case wherein the package of the product delivered does not coincide with the image of the product as given on the Site as color/form/size. The Seller reserves in fact the right to modify at any time the package of the product.
5.4 The Seller sets the maximum attention to the adherence of what has been described and presented on the site with respect to the label on the packaging of products. In any case it is pointed out that, where you encounter differences will always faith the label and the instructions for use of the product supplied by the supplier.
5.5 At the time of delivery by courier of the product purchased, the customer is obligated to check that the number of packages in delivery corresponds to what is indicated in the transport document and that the packaging is intact, not damaged nor wet or otherwise altered, also in sealing materials (tape or metal strapping). At the time of receipt of the products the customer must:
– Make sure that the packaging is intact. Otherwise must not withdraw products and leave them to the courier. If this happens, the customer is obliged to give timely notice to the seller in order to proceed to resend the purchased goods quickly.
– Sign the document of receiving the goods presented by the courier inserting always the words “accepted with reserves”. In this way it will be easier and quicker to get any refunds for damage attributable to the transport
– Where the products received are damaged or incomplete, photographing the pack both outside and inside, so that in the event of a request for reimbursement, the Seller may require such material to verify the actual problem.
– Once signed the document of the courier, the customer will not be able to oppose any dispute about the external characteristics of the delivered and the risk of loss or damage to the products you will transfer to all the effects in the head to the customer.
5.6 In the case in which the product would be altered in its essential features the customer may require the replacement of the good, by contacting the Customer Service within five (5) working days starting from the date of receipt of the products and specifying the reason “warranty for non-compliant product”. The Seller, verified the respect of the above indicated, sends, through its Customer Service, an e-mail to the customer “opening made” containing the procedure to be followed for the return of products (see procedure made). The Seller will, at its own expense, to withdraw through a courier the defective product, directly to an address indicated by the customer. After receipt of the product the Seller, in unison with the supplier, will evaluate the actual alteration and, in case of positive feedback, will provide a replacement of the goods at their own expense, not later than the term of thirty (30) days from the date of receipt of the return. In the event of negative acknowledgment, the Seller will promptly notify the negative outcome of the procedure to return to the customer to whom will not be sent any replacement product. In any case, the customer may, at their own expense, withdraw the product from the seller within and not later than 30 (thirty) days from the communication of the negative outcome of the procedure.
5.7 Compliance assurance on products will apply correctly if they are completely complied with also the following conditions: a. The e-mail requesting opening of procedure made contains information about order code and return reason; b. returned products are sent to the seller in a single consignment. The Seller, in fact, reserves the right not to accept products for the same order, made and shipped in different moments. The Seller reserves the right to ask the user to attach to the request for the legal warranty of conformity the Order Confirmation and/or the DDT, or another document proving the date of purchase and date of delivery.
5.8 The Seller shall not be held liable or obligated to indemnify indirect, intangible or collateral damage, including (without limitation): loss of profits, loss of earnings, limitations to production, administrative or personal costs, loss of clients or legal actions brought by third parties. The warranty in question is valid only for goods purchased by a Customer residing in Italy.
5.9 The limitation of liability as per article 5.9 is not applicable in the event of fraud, negligence or serious error committed by the Seller, or serious injury or death caused by the Seller’s grossly negligent conduct.
5.10 The Warranty of conformity of goods is reserved for the site’s Customers. It is applicable only to those users that have made purchases on the Site for purposes not relating to their entrepreneurial, commercial, craft-related or professional activity. Persons that have made purchases on the Site and that are not termed to be “Customers” shall be covered by the warranty for defects in the sold item, the warranty covering an absence of promised and essential quality and other warranties provided for by the Civil Code, along with the relative terms, disqualifications and limitations. The Warranty of conformity of goods does not cover breakages or malfunctions caused by accidents or by the user or due to uses other than their intended use and/or at odds with user instructions, or those cases in which the good or goods are kept in unsuitable places or places exposed to the risk of adverse weather, dirt or contaminating agents.
6.1 The Seller will only accept payments with the Euro currency.
6.2 For the payment of the price of the products and of the related costs of shipping and delivery to the customer will be able to use one of the methods indicated in the order form.
- Shipping and delivery products
7.1 The Seller sends its products in Italy through primary courier firms. The delivery takes place through express shipping, in 1-5 working days (i.e. from Monday to Friday) starting from reception of the order form. For some promotional campaigns delivery times may vary depending on the availability of the articles of the promotion products. In each case the Seller reserves the possibility to deliver the ordered products within a maximum period of 30 days from the confirmation of order.
7.2 The seller undertakes to do everything necessary in order to comply with the delivery times indicated above, but may in no case be responsible for any damage or inconvenience caused by any delay.
7.3 The Country in which the seller sends is: Europ, Sout America and Nort America.
7.4 The cost for each shipment, associated with an order, will vary according to the following parameters: at the place of destination and to the total weight of the Products purchased with the individual order and will in any case be explained both in the course of the procedure for the transmission of the order and in the Order Confirmation.
7.5 All costs mentioned above are inclusive of VAT, the extent of applicable law.
7.6 The Customer is prompted to always check the number and the integrity of the packages. In the event of faults or damage, the dispute must be made immediately to the courier, refusing delivery and by signalling timely customer service what happened. Replacement and redelivery charges shall be borne by the Seller.
7.7 Delivery via express shipping is meant to plan road and will be performed, unless otherwise indicated, from Monday to Friday during normal office hours (from 9:00 a.m. to 18:00), excluding local national holidays and only on the national territory.
- Right of withdrawal
8.1. Within the meaning of Article 52 of the Code of consumption, the Customer is entitled to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, in accordance with the terms and methods indicated in the following Articles.
8.2 To exercise the right of withdrawal, the customer must send to the seller a communication to the Customer Service, or fill in the form of recess within 14 days from the date of receipt of the products with respect to which it is exercised the right of withdrawal.
8.3 Once it has reached the said notice of withdrawal, the seller, verified compliance with the terms of avvalimento of the right of withdrawal, sends, through its Customer Service, an e-mail “opening made to the Customer, containing the procedure to be followed for the return of products (see procedure made). The product in the refund must be sent to the Seller within 14 days of the receipt by the communication of “opening made”. The products received, the Seller will open a refund procedure (see Reimbursements) if and only if the products will you are sent within the time limits set (for the date as attested by the postmark or the date of delivery to an eventual courier) and if the products are perfectly intact and in their original packaging.
8.4 In the event of cancellation by the customer in accordance with the procedures referred to in the preceding Article, the Seller shall refund the customer all amounts from the latter paid, including those in respect of costs of delivery of the products, where applicable, within the period of 14 days from the receipt of the notification of withdrawal sent by the Customer. The shipping costs related to the refund of the product are to be borne by the Customer. The shipment until the certificate of receipt in the warehouse designated by the seller is under the full responsibility of the Customer. On his arrival at the address indicated by the seller, the product will be examined to assess any damage or tampering that arise from the carriage. If the packaging and/or the original packaging are damaged, the Seller will retain the reimbursement due to a percentage equal to respective loss of value of the product.
8.5 In view of the characteristics of the products sold by Seller, the right of withdrawal shall apply exclusively to the purchased product in its entirety, it is not allowed to exercise withdrawal only on one or more parts of the product purchased. In the case of orders including multiple products, it will be possible to exercise the withdrawal relative to one or more of the products of the Order, specifying the description of the products that you intend to return in the notification of withdrawal. In these cases, the reimbursement will be made according to the procedures indicated in the previous article.
8.6 independently from the correspondence between the recipient of the products indicated in the order form and the person who has carried out the payment of sums due to their purchase, the repayment of sums will always be run by the Seller in favor of those who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which it was made the bank transfer used for the purchase). The Seller, also in conformity with the Code of Consumption, reserves the right to withhold the reimbursement until it has received the products in the refund or until the customer has not proved that he proceeded to send back the Products.
8.7 The right of withdrawal is exercised properly if they are completely complied with also the following conditions:
the e-mail requesting avvalimento of the right of withdrawal contains the order code;
products related to the order for which is exercised the right of withdrawal, are sent to the seller in a single shipment.
The Seller, in fact, reserves the right not to accept products for the same order, made and shipped in different moments.
9.1 The procedure made it is only open in response to a request by the customer to exercise the right of withdrawal or following a request to return a product not correct (defective, damaged, etc.). In any case, downstream of the request by the customer, the Seller will verify the existence of the necessary conditions for the opening of a process to return.
9.2 As a result of the opening of a procedure of return, the Seller will send the customer an e-mail containing a description of the arrangements for the refund of the product.
9.3 In case of return for “right of withdrawal the cost of returning is the responsibility of the buyer.
9.4 In case of return for “guarantee on the product does not conform”, the Seller will provide at its own expense to withdraw through a courier service the product to a specially address indicated by the customer only for expeditions with departure in Italy. The customer will have to make yourself available to pass the courier on a working day at the address he indicated.
9.5 The pack made must contain a copy of the order confirmation sent to the email address indicated by the customer or of the waybill present on the stack at the time of reception. Will not be withdrawn in no event packages in mark nor in port assigned.
- Reimbursement time and procedures
10.1 a repayment procedure may refer to two different types of situations:
refund of the total amount on an order for which has been exercised the right of withdrawal;
partial reimbursement related to an order for which occurred the unavailability of one or more products.
10.2 whatever the form of payment used by the customer and except as indicated in the field of withdrawal in article 8 that precedes the reimbursement is activated by the seller in the shortest time possible and in any event within fourteen (14) days from the receipt of the release notice using wherever possible the same payment channel with which you made the order.
10.3 independently from the correspondence between the recipient of the products indicated in the order form and the person who has carried out the payment of sums due to their purchase, the repayment of sums will always be run by the Seller in favor of those who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which it was made the bank transfer used for the purchase).
- Customer Service
1.1 The Customer may request any additional information to the seller by contacting Customer Service by the appropriate form available on the Contacts area of the site. For more clarification you can refer to the Customer Service area on the site.
12.1 The privacy information are contained in the information on the processing of personal data that is an integral part of these Conditions of sale.
12.2 For any other information about our policy privacy management, you can send a specific request at the website www.dayaneandyou.com.
- Applicable law and disputes
13.1 These Conditions of Sale are governed by Italian law and in particular by the code of consumption, with specific reference to the legislation on distance contracts and by the Legislative Decree of 9 April 2003 n. 70 on certain aspects relating to electronic commerce.
- Changes and update
14.1 These Conditions of Sale are modified from time to time also taking into account any changes in law. The new General Conditions of Sale will be effective from the date of publication of the same on the site. For any dispute arising in relation to the present terms of sale and to supplies and orders, respectively, made and forwarded under the same, for the case in which the customer is a consumer will have jurisdiction within the meaning of Article 66-bis of the Code of consumption, the courts of the place of residence or domicile of the Cliente-Consumatore, if located in the Italian territory. The following conditions shall be addressed to all users who access, use and/or that you register on the website.
Access to and use of the website as well as the purchase of products assume reading, understanding and acceptance of these General Conditions of use.
If you need assistance please visit the Support area. You can find information about orders and shipments, repayments and return of products purchased on the website, to the registration form to the website, to suggestions and other general information on the services provided by the site.
Please read carefully the Privacy section that also applies in the case in which the user has access to the site and use the related services, but not acquired any product.
Intellectual Property Rights
The content of the web site, such as, by way of example, the works, images, photographs, dialogs, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the site, including menus, web pages, graphics, colors, diagrams, tools, the characters and the design of the web site, the diagrams, the layout, the methods, processes, the features and software that are part of the site are protected by copyright and all other intellectual property rights of KOSMOPEA SRLS P.I. 03941821203 and other rightholders. Reproduction in whole or in part in any form of the site of its contents without the express consent in writing of KOSMOPEA SRLS P.I. 03941821203 has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part, of the site and its content. With regard to the use of the site, you are only permitted to view the web site and its contents. You are also entitled to take all those other acts of temporary reproduction, no separate economic significance, which are considered to be transient or accessories, an essential and integral part of the same view of the site and its content and all other operations of navigation on the website that are carried out only for a legitimate use of the site and its content. You are not authorized instead to perform any reproduction, on any medium, in whole or in part, of the site and its content. Any act of reproduction must be from time to time authorized by KOSMOPEA SRLS P.I. 03941821203 or, where appropriate, by the authors of the individual works contained in the web site. These reproducing operations will still be performed for lawful purposes and in respect of copyright and other intellectual property rights of KOSMOPEA SRLS P.I. 03941821203 and of the authors of the individual works contained in the web site. The authors of the individual works published on the site have at any time the right to claim the paternity of their works and to object to any distortion, mutilation or other modification of the works themselves including each adapted to the damage caused to the works that both of injury to their honor or their reputation.
Trademarks and domain names
KOSMOPEA SRLS P.I. 03941821203 is the owner exclusive of the logo “DAY DAYANE AND YOU” and the domain name dayaneandyou.com and any other distinctive sign. All other distinctive signs that distinguish the products sold on the site and on the web site are registered trademarks of KOSMOPEA SRLS and/or their respective owners and are used within the site for the sole purpose of distinguishing, describe and advertise the products on sale on the website. KOSMOPEA SRLS and all other holders of registered trademarks may have exclusive use of the trademarks of respective ownership. You are not authorized unless the consent of KOSMOPEA SRLS and of any other holder of registered trademarks, published in the website, use these marks, also and above all to distinguish the products or services not even similar to those of the site or any other brand owners. Most of the brands present on the web site and related to products sold on this site are trademarks famous and known to the general public and to each user of the site. Any use of such marks is not in compliance with the law and as such not authorised, is prohibited and entails legal consequences serious. In no way is permitted to use such marks and any other distinctive sign present on the site to take unfair advantage of the distinctive character or the repute of these brands, or in such a way as to cause injury to themselves and to their owners.
Warning on content
KOSMOPEA SRLS has taken every measure to avoid that are published on the website content that describe or represent scenes or situations of physical violence or psychological or such that, according to the sensitivity of the users of the site, may be considered to be prejudicial to the civil convictions, of human rights and dignity of persons in all its forms and expressions. In any case KOSMOPEA SRLS does not guarantee that the content of the web site are appropriate or legal in other countries outside of Italy. However, if these contents are not considered lawful or unlawful in some of these countries, please avoid access to our web site and where you choose, in every case, access, we inform you that the use that you decide to do services provided by the website will be your exclusive and personal responsibility. KOSMOPEA SRLS has also adopted every useful precaution in order to ensure users that the contents of the site are accurate and that they do not contain incorrect information or information that is not updated with respect to the date of their publication on the web site and, as far as possible, even at a later date. However KOSMOPEA SRLS does not assume against users no responsibility regarding the accuracy and completeness of the content published by KOSMOPEA SRLS, in the web site, without prejudice to its responsibility for intent and gross negligence and except as otherwise provided by the law. KOSMOPEA SRLS, moreover, cannot guarantee to its users that the website works with continuity, without interruptions and in the absence of errors or malfunctions due to the connection to the Internet. For any problem encountered in the use of our web site, contact Customer Service. A responsible for KOSMOPEA SRLS will be at your disposal in the assist and help to restore the functionality of your access to the website, where this is possible. In the same way, we advise you to contact your Internet service provider or to check that each device to connect to the Internet and access to web content is correctly activated, including your Internet browser. Although KOSMOPEA SRLS will try to do everything possible to ensure a continuous access to the website, the dynamic nature of the Internet and its content could not allow the site to operate without suspensions, interruptions or discontinuities due to the need to make updates to the web site. KOSMOPEA SRLS has adopted relevant technical and organizational measures to safeguard the security of the services on the site, the integrity of the traffic data and electronic communications, with respect to the forms of use or cognition not allowed, as well as to avoid the risks of dispersion, destruction and loss of data and information confidential and not relating to their users, present on the site or of unauthorized access or does not comply with the rules of law, to data and information.
Applicable law and disputes
These General Conditions of Use are governed by Italian law