Terms and Conditions of xeniadiva.com
We hope you will be always satisfied of the products bought on xeniadiva.com. However, we would like to remind you that, if you have second thoughts about your purchase, you can still decide to return the item within 14 days of its delivery. For more information contact us at: firstname.lastname@example.org.
These Terms and Conditions (from now on called "General Conditions") have been set out in accordance with the laws stated in the Civil Code, in the Legislative Decree no.70 dated 09.04.2003 regarding services provided by information and e-commerce companies, and in the Legislative Decree no. 206 dated 06.09.2005 (Consumer Code), and they regulate the offer and sale of products through the website corresponding to the following URL: www.xeniadiva.com
Xenia Diva brand products marketed on the Website (from now on called “Products” or the word’s singular form) are sold by Xenia S.r.l., whose registered headquarters are in Via dell’Industria n.9A/B, 37014 Castelnuovo del Garda (VR) – Italia, Fiscal Code and VAT Reg. no. 02319610230, and who owns the Website.
1.1 The General Conditions apply to and govern all sales concluded via the Website between Xenia S.r.l. as identified above ("the Seller") and any individual or legal entity, whether acting as a consumer or not (“the User”).
1.2 Upon completion of the purchase form, the user will be asked to indicate whether he is acting as a consumer or not. In this regard, we clarify that by consumer we mean an individual who is acting for purposes which do not involve trade, business, craft, and profession by him carried out.
1.3 The General Conditions are subject to change at any time. Users, therefore, should consult them before proceeding with any purchase.
1.4 In any case, each sale will be subject to the version of the General Conditions in force at the date of submission of the purchase.
1.5 The General Conditions apply regardless of the nationality of the User, provided that the delivery of products will take place in the territory of one of the EU member states (including the Republic of San Marino and the Vatican State), of Swiss, and that said country corresponds to that of the User’s registration.
2) PURCHASING THROUGH THE WEBSITE
2.1 The purchase of products on the Site is reserved exclusively to individuals or legal entities who have completed the registration procedure provided for by article 3 below.
2.2 The purchase made through the Website implies the User’s full knowledge and acceptance, without reservation, of the General Conditions.
2.3 In any case, the Seller reserves the right to refuse any orders placed by the User with the intention of violating the General Conditions and the limitations provided for in this article, although formally complying with the Terms and Conditions.
3) NECESSARY INFORMATION FOR CONCLUSION OF THE CONTRACT
3.1 To purchase on line the User must register in the appropriate section of the Website. The registration is free.
3.2 By completing the registration form, the User states their responsibility regarding:
I. the truthfulness and accuracy of the information provided;
II. their will to act as a consumer, i.e. to conclude the contract sale for purposes related to their business or professional activity.
3.3 Entering false data in whole or in part is forbidden. Personal data and e-mail address must be personal and real, and must not belong to third parties or be false.
3.4 Upon completion of the registration process, the User must fill in an electronic order form prepared by the Seller and send it electronically, following the instructions on the Website.
3.5 The User must check the products selected in the shopping cart, the price and availability of each product and the related costs, the accuracy of the data entered during the registration process as well as the data regarding shipment and delivery , the payment mode and the conditions of sale, which the User must accept in order to proceed with the purchase.
3.6 In order to fully place each order the User must confirm the economic transaction concerning the payment of the fee calculated for products in the shopping cart. Orders that are not confirmed will be deleted automatically.
3.7 Upon receipt of the confirmation of the validity of the method of payment specified in the order, the Seller will send the User an e-mail (the address provided at the registration process will be used) with the order confirmation, containing, as requested by the law, a summary of the conditions, both general and specific, applicable to the contract. Furthermore, the Seller will also provide the information related to the purchased Products, a detailed indication of the price, the terms and conditions of payment, the return and refund policy (if applicable), delivery costs and applicable taxes. Finally, the Seller will send a formal receipt via e-mail, as required by law.
3.8 The Seller reserves the right to refuse the order if the credit card provider does not authorize the payment.
3.9 The offer of products through the Site constitutes an offer to the public, pursuant to art. 1336 of the Civil Code, and compiling and placing an order through the website involves acceptance of the abovementioned offer. The agreement, therefore, is considered concluded when the Seller receives knowledge of the User’s acceptance, formalized by the order form mentioned above.
3.10 The User agrees, once the online purchase process has been carried, to ensure the conservation of the General conditions which he has previously seen and accepted as a necessary step in the process.
3.11 The languages available for concluding the contract through the Website are Italian and English.
3.12 In the event the order was not accepted, the Seller will promptly notify the User by e-mail.
4) PRODUCT SELECTION AND AVAILABILITY
4.1 Through the Website the Seller offers articles of clothing and accessories by the brand Xenia Diva, all featured in the catalogue published on the website at the time of the placing of the order by the User.
4.2 The product catalogue can be periodically updated by the Seller, who, therefore, does not guarantee the availability of a product on-line, as it doesn’t guarantee the availability of all the sizes for each product/colour combination featured in the catalogue.
4.3 The pictures and colours of the products in the online catalogue are only indicative and may not be identical to the real product, due to the settings of the computer or device used by the User when viewing the website.
4.4 In the event the product chosen is no longer available once the order has already been confirmed, the Seller will promptly notify the user by e-mail, in accordance with the provisions of law. In this case the contract will be terminated and the Seller will refund the price (if already paid) including delivery charges, if applicable.
5) PRICES AND PAYMENT METHODS
5.1 The prices are shown in euro (EU). Sales prices and shipping charges are those published on line at the time of order and are inclusive of all applicable fees and taxes. In any case, the delivery cost will be clearly and separately shown in the order summary before the forwarding phase of said order by the User, as well as in the e-mail confirmation of the order as described in art. 3.
5.2 The prices quoted in the catalogue may be subject to change without notice. It is the User's responsibility, therefore, to acquire knowledge of the final price before placing the order.
5.3 Payment may only be made via credit Paypal service. The sale price is charged at the time of transaction.
6) DELIVERY METHODS, EXPENSES, AND OTHER CHARGES
6.1 Delivery of the products is done through couriers appointed by the Seller directly to the shipping address specified by the User when ordering.
6.2 It is possible to request the delivery of the products to an address other than the User’s own, provided that such address is located in a European Union country, in the Republic of San Marino or in the Vatican State, in Swiss, and that the User has provided all data necessary to the success of the delivery. For example, if the products are to be delivered to a third party, the User must specify the name on the doorbell/intercom to buzz when making the delivery.
6.3 In case of absence of the recipient at the time of the courier’s arrival, the latter will leave a notice with contact details to arrange a second delivery, according to the procedures followed by the courier.
6.4 Delivery of the products is considered complete when these are made available to the User at the shipping address indicated in the order.
7) DUTY UPON DELIVERY
7.1 The User acknowledges that the acceptance of the Products is an obligation under the contract with the Seller.
7.2 Upon receipt of the products, the User is required to check their conformity in relation to the order, paying particular attention to:
The packaging, which must be intact and not damaged or tampered with;
The number of packages, which is indicated on the courier’s receipt and which must not be different from the number of packages actually delivered.
Any anomalies of the package (such as, for example, tampering and/or damage) shall be notified in writing by the User directly on the delivery document provided by the courier, and signed by the latter. In such cases, however, the User may refuse delivery. Furthermore, the User is required to report the incident to the Seller’s Customer Care service at the following address: email@example.com (valid for all Members of the European Union countries, Swiss, the Republic of San Marino, and the Vatican State).
7.3 The User is therefore invited to sign the transport document only after performing the abovementioned packaging check.
7.4 If the User decides to accept the delivery even in the case of tampered and/or damaged packaging, he shall forfeit the legal warranty of the products.
7.5 In the event that the package is not delivered due to the absence of the addressee on all attempts required by the procedure followed by the courier, the parcel will remain in storage until the date indicated in the notice left by the courier to the User. If not attempt at withdrawal has been made at the end of this period, the package will be returned to the Seller.
7.6 In the case described at point 7.5, the contract shall be deemed terminated in compliance with art. 1456 of the Civil Code with a written communication (via email) from the Seller to the User, and the order will be canceled.
7.7 Regarding the events described at point 7.6, the Seller will proceed, within 15 days of the notification, to a refund of the amount paid by the User for the Products, minus the shipping fee, the fee for returning the Products to the Seller, and any other possible expenses that the Seller has incurred in due to the unsuccessful delivery of the Products caused by the User’s absence or inertia.
7.8 The refund will be credited on the credit card used by the User at the time of payment.
7.9 Subsequent to the notification referred to in paragraph 7.6, the User who wishes to request the delivery of the Products will have to place a new order. However, the Seller reserves the right to refuse orders from Users towards which it has been necessary to apply the clause described in paragraph 7.6 for breach of the obligation to accept the delivery of the Products.
8) RIGHT OF WITHDRAWAL
8.1 The User acting as a consumer is entitled to cancel the contract of sale of the Products without any penalty and without specifying the reason, as provided for by art. 64 of the Legislative Decree no. 206/2005 (Consumer Code).
8.2 The right of withdrawal may be exercised within 14 business days from receipt of the Products, by sending a written notice via registered letter with return receipt addressed to Xenia S.r.l., Via dell’Industria n.9A/B, 37014 Castelnuovo del Garda (VR), Italy, clearly stating the will to terminate the contract. For the purpose of this article Saturday is considered a holiday.
8.3 In the notice of withdrawal, the User must specify the number applied to the order number and the products for which he intends exercise his right of withdrawal.
8.4 The communication referred to in paragraph 8.2 may be sent, always within 14 business days from receipt of the Products, by telegram too, at the same address, or by e-mail at the address firstname.lastname@example.org, provided that, in such cases, the notice of withdrawal is confirmed by a notice via registered mail with return receipt sent within the next 48 hours.
8.5 The letter is considered sent in time if delivered to the post office within the period prescribed by the abovementioned points.
8.6 If an order relates to multiple products delivered at different times, the time limit of ten working days will be considered for each Product from the moment of its delivery.
8.7 Having received the notification of withdrawal, if timely the Seller will provide the User within 5 business days of instructions necessary for the return of the Products, which the User will have to ensure within the next 14 business days. For the purpose of this deadline the products will be considered as returned when they are delivered to the post office or to the courier, except as provided in paragraph 8.10.
8.8 An essential condition for exercising the right of withdrawal is the integrity of the Products returned. The User therefore must ensure all Products are in the same condition in which they were delivered, in the package they came in, as well as in their original packaging including every document or extra such as tags, labels, seals, etc. It is forbidden to affix labels or other such tags on the Products.
8.9 For the return of the Product, the User may use either a courier or the postal service.
8.10 Loss and/or damage to the Products during the return phase are the User’s responsibility.
8.11 The cost of returning the Products shall be borne entirely by the User exercising the right of withdrawal, as per law.
8.12 If the right of withdrawal is exercised by the User in accordance with the abovementioned instructions, the Seller will refund the User, as required by law, the full amount paid minus the shipping cost. Refund will be carried out as quickly as possible, and no later than 14 days from the date on which the Seller has been made aware of the right of withdrawal exercised by the User. The amounts due as refund will be credited on the credit card used by the User during the payment phase of the order to which the refund is related.
8.13 In the event that the withdrawal has not been exercised in accordance with the provisions of law and abovementioned instructions and, in particular, in the event the Products do not are intact and/or accompanied by accessories (i.e. are considered damaged), the withdrawal will have no effect and, therefore, will not result in the termination of the contract. In this case, the Seller shall notify the User within 10 business days from the receipt of returned Products.
8.14 In the case described in paragraph 8.13, the User is entitled to request, at his expense, a new shipping of the Products in the same state in which they were returned to the Seller. the Seller has the right to retain the amount paid for the products no matter what the User decides to do in this regard.
9) LEGAL WARRANTY
9.1 All products purchased through the Website come with the legal warranty provided and governed by Articles 128 and following of the Legislative Decree no. 206/2005 (Consumer Code), applicable only in case of purchase by a consumer (definition specified above).
9.2 By law, the Seller is obliged to deliver goods to the User in accordance with the sales contract. The User, be it consumer or not, noting what is specified in paragraph 4.3, should remember that any differences between the pictures posted on the Website and the actual Product do not fall in categories covered by the legal warranty.
9.3 The Seller is liable towards the User for any lack of conformity of the Products that existed at the time of delivery and occurring within two years from delivery.
9.4. To benefit from the abovementioned guarantee, the User must report the defect to the Seller within two months after the discovery, under penalty of forfeiture, by contacting Customer Service at the address Xenia S.r.l., Via dell’Industria n.9A/B, 37014 Castelnuovo del Garda (VR), Italia. This report must contain an accurate and complete description of the defects/faults of the Product, as well as a photographic documentation if possible.
9.5 The Customer Care service will provide the User with specific instructions regarding his complaint. In any case, the User is required to send the Seller the defective product, postage paid, for its verification. The shipment of the product, or of part of it, will be the User’s responsibility, in accordance with any special instructions given to him by the Seller.
9.6 In the event of lack of conformity and where the legal warranty can be applied, the User has the right to obtain, without charge, to have the Product repaired or replaced, at his choice unless the option requested is impossible or disproportionate to the other available. Only if the repair or replacement of the Product are impossible or prohibitively expensive, or the repair or replacement of the Product hasn’t occurred within a reasonable amount of time, or the repair or replacement have caused significant inconvenience to the User, the latter may request an appropriate price reduction or the termination of the contract.
9.7 Under no circumstances does a minor lack of conformity entitle the User to request to terminate the contract.
9.8 Any defects or damages caused by accidental events or for which the User is responsible or due a use of the Products different from its intended use or normal wear and tear are excluded from lack of conformity and, therefore, from the legal warranty.
9.9 If the User is not a consumer, the legal warranty provided for in the Civil Code will be applied. The provisions of paragraph 9.8 and the requirement for the User to provide a report with an accurate description of the defects of the Product as well as photographic documentation are still to be considered valid.
10.1 Users' data are treated in accordance with Legislative Decree no. 196 dated 30.06.2003 (Privacy Code), as applicable and as specified in the Information note on the treatment of personal data (link to) provided to the User upon registration.
11) CUSTOMER CARE SERVICE, COMPLAINTS, AND COMMUNICATIONS
11.1. Following is contact information that Users from any European Union country, from the Republic of San Marino, from the Vatican State, from Swiss can use to request assistance or further information or to make complaints:
Via dell’Industria n.9A/B
37014 Castelnuovo del Garda (VR)
11.2 Communication carried out via e-mail according to the General Conditions will be sent to the address provided by the User during the registration phase.
12) LAW AND JURISDICTION
12.1 The contract carried out pursuant to the Terms and Conditions shall be governed by Italian law.
12.2 In the case of Users who are not resident in Italy, the contract is subject to the application of any mandatory statutory provisions and which may be more favourable to the User provided by the legislation of the country in which he resides.
12.3 For any dispute that may arise concerning the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned Conditions, the case will be pleaded by the Court of the User’s place of residence, if he is resident in Italian territory. If the User is a consumer residing abroad or is not acting in the capacity of consumer, any dispute arising between the Seller and the User in relation to the interpretation of the General Conditions and the execution of the contract in accordance with the abovementioned Conditions shall be referred exclusively to the Court of Verona.