General Conditions of Sale , effective from 01/02/2023
This information is provided for the site https://defiantarmy.com/(Site).
Seller data: Defiant Army of Simone Giuliano, Via Sant'Adele 58 Corsico (MI) P.IVA 11469840968 ( Seller )
Service sold on the Site: Clothing ( Service ).
Art. 1 Scope of application
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 If made possible by the Site, entering your tax code when making a purchase implies that you are acting as a consumer pursuant to of the art. 3, I paragraph, lett. a) of the Consumer Code (Legislative Decree 6 September 2005, n. 206). It should be remembered that the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out qualifies as a consumer. If, on the other hand, the possibility is given to enter the VAT number (yours or that of a legal person), this implies a purchase as a "Professional", pursuant to art. 3, paragraph I, lett. c) of the Consumer Code. The natural or legal person who acts in the exercise of his entrepreneurial, commercial, craft or professional activity, or one of his intermediaries, holds the quality of Professional. The implications of buying as a Consumer rather than a Professional will be described later in this document.
1.3 The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays. The images and descriptions on the Site are to be understood as merely indicative. The colors may differ from the real ones due to the settings of the IT systems or the computers you use to display them.
1.4 The General Conditions of Sale can be modified at any time. Any modifications and/or new conditions will be in effect from the moment of their publication on the Site. You are therefore invited to access the Site regularly and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.5 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.6 These General Conditions of Sale do not regulate the sale of products and/or services by subjects other than the Seller which may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or for the sale of products by such subjects.
1.7 On the websites that can be consulted via these links, the Seller does not carry out any checks and/or monitoring. The Seller is therefore not responsible for the contents of these sites or for any errors and/or omissions and/or violations of the law by them.
1.8 You are required to carefully read these General Conditions of Sale as well as all the other information that the Seller provides on the Site, even during the purchase procedure.
1.9 On the Website it is also possible to submit orders by email. Although compatible, the clauses indicated in these General Conditions of Sale are also valid for these types of orders. The Seller reserves the right to send you different and separate General Conditions of Sale by email, effective only for purchases by email. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.10 All elements of the Site are owned by the Seller or by third parties. Unless specifically authorized in writing by the Seller, it is forbidden to reproduce, in whole or in part and by any means whatsoever, distribute, publish, transmit, modify or sell all or part of the content of the Site.
1.11 The Seller cannot under any circumstances be held liable towards you or third parties for any indirect, incidental, special or consequential damage. This includes, without limitation, any loss of income or other indirect loss resulting from the use of the Site or from the inability to use it. The Seller cannot guarantee or affirm: (i) that the Site is free from viruses or programs that could damage data; (ii) that the information contained on the Site is accurate, complete and up-to-date.
1.12 This document fully regulates the relationship between you and the Seller. In any case, the rights and obligations established by the law applicable from time to time are reserved. The Seller may organize competitions and prize operations reserved for users of the Site. The regulation of each competition or prize operation will be available in a specific section of the Site. Where the prizes consist of discount coupons, purchase vouchers or equivalent forms, they they may in no case be converted into cash.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site it is necessary to follow the procedure on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.
2.2 You undertake to inform the Seller immediately if you suspect or become aware of any improper use or disclosure of any information you enter on the Site.
2.3 You guarantee that the personal information provided is complete and truthful and you undertake to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation of this commitment. You undertake to immediately inform the Seller in the event that you suspect or become aware of any improper use or disclosure of your access credentials to the Site.
2.4 The Seller reserves the right to refuse orders that come from users who have previously violated these General Conditions of Sale or any regulatory provision.
2.5 To place orders on the Site it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Site.
2.6 After the purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller data; (ii) characteristics of the Product purchased; (iii) purchase price and any taxes; (iv) any cost increases; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) means of payment used.
Article 3 Prices
3.1 On the Site:
- prices include VAT.
- prices are excluding VAT as it is not applicable.
3.2 The Seller reserves the right to change the price of the Services, at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any changes will not be taken into account (increasing or decreasing) subsequent to the transmission of the same.
3.3 The purchase contract is resolutely conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be cancelled.
Art. 4 Methods of payment
4.1 This article describes the payment methods available on the Site. The user can in any case contact the Seller for further information.
4.2 On the Site you can purchase using payment cards. The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the company issuing the payment card you used has released the debit authorization. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site during the purchase operation) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site. The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the manager of the payments without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Service.
4.3 This article indicates any credit and/or debit cards accepted on the Site.
- American Express.
- Shopify Payments.
4.4 On the Site it is possible to pay by bank transfer. In this case, the coordinates to proceed with the payment will be available directly on the Site or communicated by email after forwarding the purchase order.
4.5 On the Site it is possible to make purchases using discount coupons, vouchers or coupons. If the value of the discount code is less than that of the order, the remaining amount can be completed according to the payment methods provided on the Site. Each discount code can be used for only one purchase. In no case can discount vouchers be converted into cash.
4.6 Any methods other than those described above may be governed by this article:
- On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as the means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.
Article 5 Right of withdrawal
5.1 The user is invited to view this article with particular attention, which regulates the right of withdrawal.
5.2 The right of withdrawal is the right of the Consumer to dissolve the purchase contract without being obliged to provide a reason. You can exercise this right within 14 calendar days, starting from the conclusion of the contract. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are reported in this article 5. If there are no exceptions to the right of withdrawal, this article 5 is fully applicable.
5.3 The exclusion of the right of withdrawal described in the preceding article does not apply to this Site. Therefore, if you are a Consumer, you have the right to withdraw from the Service purchase contract without having to provide any reasons and without having to incur costs other than those provided for in this article within the term of fourteen calendar days, starting from the date forwarding the purchase order for the Service (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. To this end, you can write to the Seller to the contacts indicated in the Introduction, or use the contact form that may be present on the Site. If the withdrawal is applicable, the Seller will refund the Total Amount Due, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction.
Art. 6 Legal Guarantee of Conformity
6.1 The Legal Guarantee of Conformity is reserved for the Consumer. Therefore, it is applied only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
6.2 The Seller is liable to the Consumer for any lack of conformity of the Service that occurs within two years of the purchase. The direct action to enforce the defects not fraudulently concealed by the Seller is prescribed, in any case, within twenty-six months from the performance of the Service. In the event of a lack of conformity of the Service, the Consumer has the right to have it restored to conformity, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established by articles 135-bis and following of the Consumer Code. The Consumer is invited to view articles 128 and following of the Consumer Code.
6.3 If you purchased as a Professional, the previous articles do not apply.
Art. 7 Out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
7.1 The Seller informs the user who qualifies as a Consumer that, in the event that he has lodged a complaint directly with the Seller, following which however it has not been possible to resolve the dispute thus arising, the Seller will provide the relevant information to the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of these bodies to resolve the dispute itself.
7.2 The Seller also informs the user who qualifies as a Consumer that a European platform has been set up for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr . Through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online resolution procedure for the dispute in which he is involved.
7.3 The Consumer user's right to appeal to the competent ordinary judge for the dispute deriving from these General Conditions of Sale is in any case reserved, whatever the outcome of the procedure for the out-of-court settlement of disputes relating to consumer relationships by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 5,000.00. The text of the regulation can be found on the website http://www.eur-lex.europa.eu .
Article 8 Customer service
8.1 It is possible to request information, send communications, request assistance or file complaints by contacting the Seller at the contact details indicated in the Introduction, or by using the contact form that may be present on the Site.
8.2 The Seller responds within an indicative time of 3 working days.
Art. 9 Material published on the Site
9.1 Any material published on the Site is protected by copyright law n. 633 of 1941 and subsequent amendments. Without the authorization of the Seller or the third party owner of the copyright, it is forbidden to copy, publish, modify or use in any way and for any purpose any material published on the Site.
Art. 10 Applicable law. Applicable forum
10.1 The purchase contracts concluded through the Site are governed by Italian law.
10.2 Without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence. Please note that in the case of a Consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place in which the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent, pursuant to the provisions of the Introduction.
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