General Terms and Conditions
(pursuant to Legislative Decree n. 2006/2005 as subsequently amended)
1. Introduction and scope of the General Terms and Conditions
These general terms and conditions of sale (hereinafter, “General Terms and Conditions”) apply to the sale of products and services made available from the website https://shop.eu.deuscustoms.com/ (hereinafter, the “Website”) to customers (as defined below) pursuant to Legislative Decree n. 206/2005 as subsequently amended (hereinafter, “Consumer Law”).
The seller of the products and the owner of the Website is: D.E.M. Europe B.V. with registered offices in Startbaan 8, 1185XR Amstelveen, Netherland – VAT and identification number n. 858006236 (hereinafter, “D.E.M.”).
The products displayed on the Website are sold directly by D.E.M. only to final customers (hereinafter, “Customer”), with the exclusion of professionals, dealers, distributors or any other entities or individuals who are interested to buy the products for resale to third parties or for professional use. D.E.M. reserves the right to change or update this General Terms and Conditions at any time, also when required to comply with applicable legislation, and in such case the updated General Terms and Conditions will apply upon their publication on the Website.
2. Choosing and ordering the Products
2.1The agreement entered by the Customers and D.E.M. through the purchase of products on the Website (“Products”) is governed by these General Terms and Conditions in accordance with Italian law.
2.2 The details and the price of the Products are shown on the page relevant to each Product. The visual representation of the Products on the Website, if available, normally corresponds to its photographic image in addition to the descriptive card. It is understood that the image of the Products has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and qualities, but may differ in colour and size from the Product. In case of a difference between the image and the Product descriptive card, the latter shall prevail.
2.4 The agreement entered into between D.E.M. and the Customer shall be considered as concluded once the order has been accepted by D.E.M. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Terms and Conditions, the order number, the shipping data, the list of ordered Products and the total price, including shipping costs if any. In case of Customers domiciled outside the European Union or who have indicated a delivery address outside the European Union, any costs connected to taxes, duties and other export expenses shall be borne by the Customer.
3. Product availability
Once the order has been received, D.E.M. shall check the availability of the ordered Products. In the event that one or more of the Products ordered are not available, D.E.M. will send an email to the Customer who, within the next 24 hours, shall confirm the order in relation to the available Products or cancel it. In case of no reply within such time limit, the order shall be considered as confirmed and the available Products will be shipped. In this case the full amount relating to missing Products will be reimbursed or, depending on the chosen payment method, will not be charged to the Customer.
Product prices are inclusive of VAT and are displayed in Euro.
6. Payment and billing
The Customer may pay the price of the Products and their delivery costs by Credit Card, PayPal and bank transfer.
In order to guarantee appropriate security, the Customer will carry out the payment transaction directly on the secure server of the bank.
The Website does not store the credit card number of the Customer, but thanks to the secure communication system of the bank of reference, from the second purchase, the Customer who so wishes - through the selection of the appropriate option - shall be able to proceed with the purchase without re-entering his/her data. The bank of reference uses the SSL protocol to encrypt the transmitted data between its server and the Customer's browser.
7.1 Products are shipped by courier to the address indicated by the Client only in Europe. Normally orders of available Products are shipped within 3 to 5 business days from the receipt of the order confirmation. Upon delivery the Customer shall verify the Products and immediately report to the courier any damage or discrepancy in quantity or quality of the Products with respect to the ones ordered.
7.2 Shipping is free for orders above 100 euros, while for orders below such amount shipping prices are 15 Euro for Europe (Eurozone) and 30 for the other countries.
8 Invoicing of orders
If the purchase is made by a professional it shall be possible to request the issuance of the invoice by sending an email containing the relevant information to firstname.lastname@example.org. In such case, the invoice shall be sent by email to the address indicated by the purchaser when submitting the order. The professional is responsible for the proper entry of the billing data and he/she is expressly informed that if no invoice request is carried out during the ordering, it may not be requested at a later stage, nor amendments will be done in case of the data communicated are wrong.
9. Limitations of liability
Except in case of wilful misconduct or gross negligence, but in any case to the extent permitted by Consumer Law, D.E.M. shall have no liability for damages to persons and/or things caused by the Products, the partial fulfilment or delay of an order, as well as by the temporary or permanent unavailability of the Website, of the order management platform or of the payment systems.
10. Products guarantee and Lack of Conformity
The Products shall be subject to the legal guarantees provided for in articles 129, 130 and 132 of the Consumer Law.The Customer is entitled, at his/her option and as long as the type of the Product permits so, to a free of charge restoration of the Product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement. The guarantee on the Products shall be valid for a period of two years after their delivery to the Customer, provided that the Customer has reported the lack of conformity to D.E.M. within two months from the date in which he/she discovered the defects, under article 132 of Consumer Law. The guarantee is personal and will apply only to the Customer who has purchased the Product. The warranty is valid only if the Product is returned to D.E.M. together with its original packaging, labels and documentation (if any) and in its entirety.
11. Right of withdrawal
The Customer is entitled to withdraw from the purchase agreement for any reason, without explanation and without any penalty, except for the cases of exclusion referred to in following paragraph IV. In order to exercise this right, the Customer shall send a written notice to D.E.M. within 14 days from the date of delivery of the Products or at any time prior to such delivery.
Such notice shall be sent by email to email@example.com
Upon receipt of the notice D.E.M. shall open a file for the management of the returned goods and communicate to the Customer the instructions relevant to the return of the Products, which shall take place through the courier indicated by D.E.M. itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to a Product purchased in its entirety; therefore, if the Product is composed of multiple components or parts the withdrawal may not be exercised only on a part of the purchased Product.
II. In case of exercise of the right of withdrawal, D.E.M. shall refund the Customer the full amount of the returned goods, including shipping expenses, if any, within 14 days from the date on which the notice of withdrawal was received, without prejudice to the right of D.E.M. to suspend the payment of the reimbursement until the actual receipt of the goods. The reimbursement shall be carried out using the same payment method used by the Customer, unless he/she has specifically requested a different method. In case of bank transfer or cash on delivery it shall be duty of the Customer to provide the bank account details where to obtain reimbursement (account holder, name and address of the Bank and IBAN).
III. In order to guarantee that the Products can be returned for free, the Products shall be returned in the same packaging in which they were received.
IV. The right of withdrawal is excluded (i) if the purchaser requests the issuance of an invoice and/or he/she is not a “consumer or user” as defined by the Consumer Law, and (ii) in the following cases, in accordance with article 59 of Consumer Law:
- orders of tailored or clearly personalized Products;
- order of Products which are liable to deteriorate or expire rapidly;
- order of sealed Products which are not suitable to be returned for hygienic reasons or connected to the protection of health or that were opened after the delivery.
In the cases of exclusion of the right of withdrawal, D.E.M. shall return the purchased Products to the Customer, charging the shipping costs to him/her.
As an alternative to the right of withdrawal, the Customer has the right to change the size/colour of the purchased Products (limited to clothing), and in such case the shipping costs are charged to the Customer. This option is granted provided that the Product requested is the same model of the one originally ordered and subject to availability of the requested size/color. In such case DEM will send the Product to the Customer without further shipping costs and after receiving the Product originally ordered. In any case DEM reserves the right to cancel the order and refund the price to the Customer in case that during the period from the request of replacement and the return of the Product originally order the size/color requested has gone out of stock.
12. Complaints and Information
Any complaint or request of information shall be forwarded to D.E.M. by email to the following address: firstname.lastname@example.org
The Customer accepts that all notices and information relating to purchase of Products will be sent to his/her addresses or email communicated to D.E.M. when the order was placed or the account was created on the Website.
14. Deletion of orders by D.E.M.
D.E.M. reserves the right to cancel any order in the following cases: articles out of stock, articles which cannot be delivered for country specific limitations or other reasons, credit card frauds.
15. Applicable law and jurisdiction – Online dispute resolution (ODR)
The sale agreement between the Customer and D.E.M. is governed by Italian law. For the resolution of disputes concerning the sale of a Product or the interpretation, performance or termination of a purchase order or of these General Terms and Conditions, the following rules will apply:
i) if the Customer is a “consumer” as defined under Consumer Law the Court of his/her place of residence or domicile in the European territory shall have jurisdiction or, at discretion of the same Customer, the Court of Milan, Italy. As an alternative, under article 14 of EU Regulation 524/2013 the Customer, in so far he/she is a consumer, is hereby informed of the possibility to apply for the online dispute resolution system (ODR) available here https://ec.europa.eu/consumers/odr/main/?event=main.home2.show, subject to acceptance of D.E.M.
ii) in all other cases, the territorial jurisdiction is exclusively the Court of Milan, excluding any other competent court.
15. Mobile Message Service Terms and Conditions
The Deus Ex Machina mobile message service is operated by Deus Ex Machina. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Deus Ex Machina’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Deus Ex Machina through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Deus Ex Machina. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Deus Ex Machina mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.