TERMS AND CONDITIONS

1. OBJECT
1.1. The website www.demetramilano.com, owned by Martina Scorcucchi, Tax Code: SCRMTN86T49H501P, VAT number: 13333221003, was created for the marketing of Accessories. Below are the general terms and conditions that regulate the relationship between Customers (as defined below) and DEMETRAMILANO with regard to the sale of the Products.

2. SCOPE OF APPLICATION
2.1. These general conditions of sale (hereinafter "CGV") are valid for purchases of the Products present in the electronic catalog of demetramilano.com at the time of placing the order and viewable online at the address www.demetramilano.com (hereinafter "Site ”). The images accompanying the description of a product are for illustrative purposes only. The images of the Products may not exactly match the product itself, but may differ in color and size shown in the figure.
2.2. The customer who accesses the Site to make purchases may be a consumer, meaning: (i) the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out (hereinafter "Consumer Customer") or a commercial operator meaning: (ii) the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity (hereinafter "Professional Customer" and where it is not necessary to distinguish them within these GTC also separately the " Customer” and jointly the “Customers”) is required, before sending the order, to carefully read these GTC which have been made available to him on the Site and which will be consultable at any time by the Customer also through the link contained in the confirmation email of each order to allow its reproduction and storage.

3. APPLICABLE LEGISLATION
3.1. The legislation expressly referred to for distance contracts is provided for by section II of Legislative Decree 6 September 2005, n. 206 (Consumer Code) as amended. and for sales with electronic instruments by Legislative Decree 9 April 2003, n.70 as amended.
3.2. The sales contract stipulated between the Customer and www.demetramilano.com will be governed and interpreted in accordance with Italian law.

4. REGISTRATION
4.1. In order to purchase the Products on the Site, each Customer must provide the following personal data at the time of payment:
– name, surname;
– telephone number
– email;
complete shipping address;
billing address, if different from the shipping address.
4.2. The data provided to Demetramilano will be stored at the time of purchase, the processing of the aforementioned data is subject to privacy legislation, pursuant to and for the purposes of Legislative Decree No. 196/2003 and EU Reg. No. 679/2016 (so-called GDPR).

5. CONCLUSION OF THE CONTRACT
5.1. The sales contract between Demetramilano and the Customer must be considered concluded with the acceptance of the order by www.demetramilano.com. Acceptance will be sent by Demetramilano to the e-mail address communicated by the Customer when registering on the Site.
5.2. This confirmation message will contain an 'Order Number', to be used in any further communication with the Demetramilano staff. The message reiterates all the data entered by the Customer who undertakes to verify its correctness and promptly communicate any corrections, according to the methods described in this document.
5.3. In the event of non-acceptance of the order, the Demetramilano staff guarantees timely communication to the Customer.
5.4. In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, to place an order the Customer must:
– insert a Product into the cart by clicking on the relevant icon near the Product itself;
– at the end of the selection of the Products placed in the cart, to proceed with the purchase the Customer must click on the “Check Out” button;
– the Customer must then provide their data to finalize the purchase;
– the Customer will thus be able to proceed with the payment of the Products and delivery costs with the following methods: i) Visa, Mastercard or debit cards (as regulated in point 6.1) (ii) Paypal (as regulated in point 6.2);
– upon completion of the order the Site will automatically assign a unique number which will be reported on the final purchase summary page;
Demetramilano, after verifying the payment and actual availability of the Product in the case of multiple purchases as provided below in point 6.7, will send the Customer the order confirmation which will contain the following information: i) order number and date; ii) detail of the Product(s), quantity, price; iii) type of payment chosen; iv) total order amount;
the Customer undertakes to verify the correctness of the data in the order confirmation email and to report any errors to Demetramilano.
5.5. Once the online order has been submitted, the Customer must print, save an electronic copy or keep these GCS as required by Legislative Decree no. 206/2005.
5.6. By placing an order according to the methods present on the Site, the Customer declares to have read all the information provided during the purchase procedure, to have understood them and to fully accept the GCS reported here.
5.7. These GCS constitute an integral part of the sales contract concluded between the Customer and Demetramilano.
5.8. Only products physically available in stock can be purchased on the Site. The availability of the items in stock is precise, however small communication delays may occur between the actual stock in stock and the situation reported on the Site. Consequently, the availability of the item in some rare cases may not be guaranteed with certainty. If one or more ordered items are not immediately available for shipping, our staff will choose to proceed with one of the following solutions based on the consistency of the order and the expected restocking times:
– immediately process the available material and send the missing products as soon as they are available again without any charge for further shipping costs;
– contact the customer who will choose whether to receive the material in a single solution, delaying the processing of the order, or cancel the products not immediately available from the order.
5.9. In the event of multiple purchases of Products, at the same time, by multiple Customers, Demetramilano reserves the right to verify, upon receipt of the order, the availability of the Product and, failing that, to promptly communicate non-acceptance of the order envoy.
5.10. Inserting a Product in the cart does not imply a commitment to complete the purchase of the same. As long as the Customer has not completed the procedure for purchasing the Products, he/she may: i) change the quantity and/or delete the Products already included in the cart; ii) add other Products to the cart.
5.11. The order will be archived in the Demetramilano database for the time necessary for its execution and, in any case, within the terms of the law.

6. PAYMENT METHODS
6.1. Credit/debit card.
In the case of purchasing the Products with payment methods such as Visa, Mastercard or Maestro-enabled ATMs, upon conclusion of the online transaction, the relevant banking institution will authorize the commitment of only the amount relating to the purchase made. The amount relating to the goods processed, even partially, will actually be charged to the Customer's credit card only when the goods are shipped from our warehouse. In the event of cancellation of the order, either by the Customer or in the case of non-acceptance of the same by Demetramilano, our staff will simultaneously request the cancellation of the transaction and the release of the committed amount. The release times depend exclusively on banking system and can reach their natural expiry (24 days from the date of authorization). Once the transaction has been canceled, under no circumstances can Demetramilano be held responsible for any damages, direct or indirect, caused by delay in the failure to release the committed amount by the banking system. In the event that the Customer's order is processed after the 23rd day from the forwarding date, Demetramilano will still charge the Customer's credit card with the amount due, even if in advance of the physical delivery of the goods, in order to avoid the transaction authorization expiration (24 days). Demetramilano reserves the right to request from the Customer additional information (e.g. landline telephone number) or to send a copy of documents proving ownership of the Card used. In the absence of the required documentation, Demetramilano reserves the right not to accept the order. At no time during the purchase procedure is Demetramilano able to know the information relating to the buyer's credit card, transmitted via a secure connection directly to the website of the banking institution that manages the transaction. No Demetramilano computer archive will retain such data. Under no circumstances can Demetramilano be held responsible for any fraudulent or improper use of credit cards by third parties when paying for products purchased on www.demetramilano.com.
6.2. PayPal
In cases of purchasing goods with PayPal payment methods, upon conclusion of the online transaction, PayPal will immediately debit the amount relating to the purchase made.

7. PRICES
7.1. The selling price of the Products is expressed in Euros and includes VAT and any other tax due at the time of purchase.
7.2. All sales prices of the Products displayed and indicated on the Site constitute an offer to the public pursuant to art. 1336 civil code, subject to price change by Demetramilano.
7.3. The sales price is considered valid until acceptance of the order is communicated.
7.4. Any discount codes, unless otherwise explicitly indicated, are always considered non-cumulative.
7.5. Any additional charges (e.g. customs clearance), if any, will not be included in the purchase price and will be borne by the Customer.

8. BILLING
8.1. Each order shipped is accompanied by a detailed Transport Document as required by the Presidential Decree. 21 December 1996 n. 696. The invoice will be issued only if requested at the time of the order by requesting via email to the email address customer@demetramilano.com. The document will be sent together with the shipment of the products in digital and/or paper form.
NB: It is not possible to request invoicing of a previously processed order.

9. PRODUCT DELIVERY METHODS AND COSTS
9.1. Demetramilano will promptly deliver the Products purchased via express courier, in Italy and Europe.
9.2. The Products will be shipped within 6 working days of purchase, unless a different deadline has been agreed between the parties. The aforementioned delivery times are for purely indicative purposes and, although they are usually respected, Demetramilano does not assume any commitment or guarantee that they will be respected.
9.3. In no case, therefore, can Demetramilano be responsible for direct and/or indirect damages due to delayed delivery.
9.4. Delivery takes place from Monday to Friday during normal working hours (9-18).
9.5. Demetramilano assumes no responsibility for disservices attributable to force majeure in the event that it is unable to execute the order within the times set out in the contract.
9.6. Upon delivery of the Products by the courier, the Customer must check that:
– the number of packages delivered corresponds to what is indicated in the accompanying document;
– the Products indicated on the packaging correspond to what is actually indicated on the invoice/receipt;
– the packaging is intact, not damaged or in any way altered even in the closing materials (adhesive tape or strap).
9.7. The Customer acknowledges that the collection of the Product is his precise obligation deriving from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order, the goods will be stored after 3 delivery attempts. The Customer is left with the "notice" of non-delivery. After 10 days of storage the goods are returned to the sender. In the event of failure to collect the Product within five working days of the first delivery attempt, Demetramilano may invoke the legal termination of the contract pursuant to art. 1456 c.c. Once the contract is terminated, the total amount paid by the Customer will be refunded, minus the costs of unsuccessful delivery of the Product and the return costs.
9.8. Any damage to the packaging and/or to the Product or the mismatch in the number of packages or indications must be immediately reported by the Customer in the transport document.
9.9. In any case, no responsibility can be attributed to Demetramilano in the event of a delay in processing the order or in delivering what was ordered.

10. RIGHT OF WITHDRAWAL
10.1. Pursuant to and within the limits set out in art. 52 of the Consumer Code, the Consumer Customer has the right, within 14 calendar days of receiving the purchased Products, to exercise the right of withdrawal, consisting in the possibility of returning the Products received and obtaining a refund of the price paid, without penalty and without having to provide any reason.
10.2. The aforementioned term starts from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the Product or:
– in the case of multiple Products ordered by the Consumer Customer through a single order and delivered separately, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last Product;
– in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the Consumer Customer or a third party, other than the carrier and designated by the Consumer Customer, acquires physical possession of the last lot or piece.
10.3. This right, however, cannot be exercised:
– in the case of purchases of less than 50 euros (unless the global fee that the Consumer Customer must pay regardless of the amount of the individual contracts exceeds 50 euros);
– in the case of supply of tailor-made or clearly personalized goods;
– in the case of supply of sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
– in the case of the supply of goods which, after delivery, are by their nature inseparably mixed with other goods.
10.4. The Customer who decides to exercise the right of withdrawal must send a written communication to Demetramilano via certified e-mail to customer@demetramilano.com.
10.5. Demetramilano following the withdrawal of the Consumer Customer, within 24/48 hours of receiving the communication to exercise the withdrawal, must communicate via e-mail to the Consumer Customer a confirmation of receipt of the wish to withdraw from the same.
10.6. By law, the Consumer Customer is responsible for the shipping costs for returning the Products within fourteen days from the date on which he communicated to Demetramilano his decision to withdraw from the contract (the deadline is respected if the Consumer Customer sends back the goods before the expiry of the fourteen day period).
10.7. Demetramilano is not liable in any way for damage or theft/loss of goods returned by uninsured shipments; upon arrival at the warehouse, the Product will be examined to assess any damage or tampering not resulting from transport. If the returned product is damaged, Demetramilano will deduct a percentage from the refund due as a contribution to the restoration costs.
10.8. Demetramilano must also reimburse all expenses incurred by the Consumer Customer (purchase of the Product and original delivery of the same; those for redelivery are obviously excluded) within 14 days of communication of the right of withdrawal, and in any case upon receipt of the returned Product, by Bank Transfer or PayPal. It will be the Customer's responsibility to promptly provide the bank details on which to obtain the refund (name, surname, account holder, IBAN code).
10.9. The right of withdrawal is however subject to the following conditions:
– Demetramilano products are sold in special packages; these packages are considered an integral part of the Products. Therefore, in order for the Customer to properly exercise the right of withdrawal, the purchased Product must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment to limit damage to the original packaging).
– the return, until receipt is certified by Demetramilano, is under the complete responsibility of the Customer;
– Demetramilano is not liable under any circumstances for damage, theft or loss of the returned Products;
– upon arrival at the above return address, the Product will be examined to assess any damage or tampering not resulting from transport.
10.10. The Consumer Customer will lose the right of withdrawal for lack of the essential condition of integrity of the Products (packaging and/or its contents), in cases in which Demetramilano ascertains:
– the lack or damage of the external packaging;
– the lack or damage of the original internal packaging;
– the absence of integral elements of the Product (accessories, parts);
– damage to the Product for reasons other than transport.
10.11. In the event of forfeiture of the right of withdrawal, Demetramilano will return the purchased Product to the Consumer Customer, charging the shipping costs and will not refund the price paid.
10.12. If you need to communicate regarding returns and complaints, you can send an email to customer@demetramilano.com.

11. WARRANTIES
11.1. In the event of a lack of conformity, or delivery of goods which present faults or defects or which differ from that provided for in the sales contract, i.e. unsuitable for the use for which a good of the same type is usually used, which differs from the description published on the site or which does not demonstrate the promised qualities, the provisions regarding the Legal Guarantee in the articles apply. 128 and following of Legislative Decree 205/2006 (Consumer Code).
11.2. Any failures or malfunctions caused by accidental events or by the Customer's responsibility or by use of the Product not compliant with its intended use are excluded from the scope of the legal guarantee.
11.3. The Consumer Customer is required to report the flaw or defect to Demetramilano within two months of discovery (unless Demetramilano has recognized or concealed the existence of the defect).
11.4. In the event of a lack of conformity, the Consumer can request, without costs (including shipping costs), restoration by repair or replacement.
11.5. The replacements will be carried out within a reasonable period of time from the request and must not cause significant inconvenience to the Consumer Customer, taking into account the nature of the Product and the purpose for which it was purchased.
11.6. A minor lack of conformity, for which it has not been possible or is excessively burdensome to carry out the remedy of replacement, does not give the right to terminate the contract.

12. COMPLAINTS
12.1. Any complaints must be addressed via e-mail – Italy
12.2. Complaints made via email to customer@demetramilano.com are not accepted and considered valid.
12.3. For any problem or anomaly encountered, before embarking on the complaint process, the Customer is invited to contact the staff via the appropriate section on the website or by email to customer@demetramilano.com. In almost all cases, any problem is resolved within a few hours.

13. PROCESSING OF PERSONAL DATA
The Customer's data is processed by Demetramilano in accordance with the provisions of the legislation on the protection of personal data pursuant to and for the purposes of Legislative Decree no. 196/2003 and EU Reg. n. 679/2016, as specified in the information provided on the Site.

15. JURISDICTION
Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated online through the Site is subject to the mandatory territorial jurisdiction of the place of residence or domicile of the Consumer Customer and in any case in any case the jurisdiction of the State is competent Italian.

16. FINAL NOTES
Demetramilano believes in the quality of its products and tries to offer the best quality on the market. Given this, please note the following:
– make sure you are not allergic to any of the products before use;
– Demetramilano cannot be held responsible for any skin reactions to the products sold;
– the advice given on www.demetramilano.com or provided by Customer Service is for informational purposes only;
– please consult your doctor if you have any doubts.

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