Terms and Conditions of Sale

Terms and conditions
TERMS AND CONDITIONS OF SALE SCOPE OF APPLICATION
This document contains the terms and conditions of sale (hereinafter the  “Conditions” ), as well as the legal terms that regulate the use of this website:  www.dainese.com  (the  “Site” ), which markets the purchase of items bearing the “Dainese”, “AGV” and “TCX” brands contained therein. The products purchased on the Site are sold directly by  DAINESE SpA  with registered office in Italy, at Via Louvigny, 35 – 36064 – Colceresa (VI), a company subject to management and coordination by Shield SpA - VI, registered in the Vicenza Company Register under no. IT03924090248, Tax Code and VAT No. IT03924090248 (hereinafter  the “Seller ” or  “Dainese ”). The Seller can be contacted for any questions at the following  Customer Service address  or by telephone at +39 0444 130360.
For any other legal information relating to the Site, you can consult the sections:  Disclaimer & Conditions of Use  ,  Privacy  ,  Shipping  and  Returns  .
The Site is owned by the same company DAINESE SpA as identified above.
The use of the distance selling service described in these Conditions is reserved exclusively for consumers resident in Italy, San Marino, Vatican City (the  “Countries” ).
These Conditions must be carefully reviewed by the Customer before completing the remote purchase procedure for products and Services. It is understood that placing a purchase order on the Site implies full and absolute knowledge of these Conditions, as well as the payment terms illustrated therein, and their full acceptance. The Customer also acknowledges that the Seller is not bound by any other conditions unless previously agreed to in writing. If the Customer does not agree with any of the terms set forth in these Conditions, he or she is invited not to submit the order form for the purchase of Products on the Site. By submitting an order, the Customer confirms that he or she is aware of and accepts the provisions of the Disclaimer & Conditions of Use, Shipping and Returns sections of the Site, as well as the Privacy Policy found at the following  link:  which must be read.
These Conditions may be printed and stored by anyone who has visited the Site and are to be considered applicable and in force as long as they are accessible from the Site itself.
Orders can be placed in Italian or English. All prices are in euros.
ART. 1. OBJECT 
1.1 These Conditions have as their object the offer and sale of all products branded “Dainese”, “AGV” and “TCX”, and of the brands exclusively licensed to Dainese Spa (the  “Products” ) and the accessory services carried out remotely via the electronic network on the Site.
1.2 The Seller reserves the right to modify these Conditions at any time, also in light of any regulatory changes. The new Conditions will be effective from the date of their publication on the Site. Any removal of these Conditions from the Site will automatically and irrevocably render them inapplicable, ineffective, and unenforceable against the Seller in relation to purchases made after their removal from the Site, even if the Conditions are still available for consultation and/or access to the public through websites other than the one indicated above.
1.3 In relation to sales of customized products and/or products in any case put into production for the specific Customer following his specific order (i.e. products customized with the CUSTOM WORKS service), the “Special Conditions of Sale of Customized Products” reported at the following  link will apply :, which must be considered prevalent over the present general conditions of sale in the parts that are incompatible with them.
1.4 In relation to the request for the provision of additional services to be carried out by the Seller, such as cleaning/restoration services of the garments (the “Services”), the specific and additional particular conditions described on the pages of the individual services will also apply.
ART. 2. SUBJECTS 
2.1  Seller : the company DAINESE SpA with registered office in Italy, in Via Louvigny, 35 – 36064 – Colceresa (VI), a company subject to management and coordination by Shield SpA - VI, registered in the Vicenza Company Register no. IT03924090248, Tax Code and VAT number IT03924090248.
2.2  Customer : the individual identified by the data entered when completing and submitting the electronic order form with simultaneous acceptance of these Conditions (hereinafter  "Customer" ). The Customer is strictly prohibited from entering false and/or invented and/or fictitious names in the online ordering process and in further communications. The Seller reserves the right to legally pursue any violation or abuse, in the interest and for the protection of all consumers. The Customer also indemnifies the Seller from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, as the Customer is solely responsible for ensuring that such data is entered correctly.
2.3  Consumer : Purchases on the Site are reserved for end-consumer customers as defined by law and jurisprudence. A consumer is any natural person who uses the Site for purposes unrelated to their commercial, entrepreneurial, or professional activity. Therefore, this does not include individuals such as traders, wholesalers, retailers, professionals, etc. who intend to resell their products to third parties. Where the Seller believes that the Customer is involved in purchasing for resale, it reserves the right to take appropriate action, including, but not limited to, limiting sales, canceling orders, and/or suspending or closing the account used for the purchase.
ART. 3. PRODUCTS 
3.1 For each Product, a technical sheet containing the main characteristics and technical specifications is available on the Site (" Product Sheet "). The image accompanying the Product Sheet, when inserted, presents the Product as accurately as possible; however, it may not be perfectly representative of its characteristics (color, size, accessory products present in the image). The Customer is therefore advised to refer to the Product Sheet, which is freely available, to learn more about the Product in question, particularly regarding the characteristics the Customer is seeking. The Seller declines all responsibility for any inaccuracies between the Product Sheet and the image shown on the Site, as it is for illustrative purposes only.
3.2 For each of the Products, the relative price is also indicated as specified in the following article 4, to which the shipping costs will be added, calculated based on the delivery address indicated by the Customer.
3.3. After the contract is concluded, the Customer receives written confirmation of the ordered Product, its price, the amount paid, information on shipping and customer service.
3.4 The Customer may customize the Products through the specific “CUSTOM WORKS” section by inserting logos, text, numbers, and images, provided that these are not inappropriate, illicit, or third-party property for which the Customer has not provided specific authorization from the legitimate owner (the “ Customized Products ”). In this regard, it is specified that only the so-called Custom Colors are available for sale online through the  Dainese Custom Works - Custom Color link  . Given the individualized nature of the Customized Products and the fact that they are produced specifically for the Customer, they cannot be returned, refunded, or replaced. Therefore, the right of withdrawal pursuant to Article 12 of this Agreement is excluded in relation to these products. Once completed, the Customized Products will be shipped to the home address or a different address indicated by the Customer and cannot be collected by any other means. In any case, the Seller reserves the right to refuse customization or cancel orders for Customized Products if such customization consists of or includes inappropriate elements, those owned by third parties and lacking specific authorization or that are in any other way unlawful.
ART. 4 SALES PRICES, TAXES AND DUTIES 
4.1 Except as provided in Article 4.5 below, all prices are inclusive of VAT and all applicable taxes or duties in the country. The prices applied are those indicated on the Site (product sheet or order form) at the time the order is placed with the Seller and confirmed in the order confirmation.
4.2 The Customer acknowledges that prices are subject to change; however, these changes will not affect orders for which an order confirmation has already been sent. Prices may change without notice, and the only correct price is the one indicated at the time the order is confirmed by the Seller.
4.3 Although the Seller undertakes to do everything within its power to ensure that all prices appearing on the Site are accurate, errors may occur. If errors are found in the price of Products already ordered, the Seller will inform the Customer as soon as possible, providing the option of reconfirming the order at the correct price or canceling it. If it is impossible to contact the Customer, the order will be cancelled and the full amount paid will be refunded.
4.4 The prices listed on the Site for each Product and/or Service do not include shipping costs. The total price shown on the final checkout screen includes shipping costs, where applicable, which will be confirmed in the order confirmation.
4.5 If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including VAT (where applicable), is net of any customs duties and any other sales taxes, which the Seller is unable to quantify in advance, unless expressly provided for at the time of ordering. The Customer therefore hereby undertakes to pay the aforementioned taxes, if applicable, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered. The Customer is encouraged to consult the competent authorities in their country of residence or destination of the Products to obtain information on any duties or taxes applied in their country of residence or destination of the Products.
4.6 The Customer shall be solely responsible for any additional costs, charges, taxes and/or duties that a given country may apply, for any reason whatsoever, to the Products ordered under these Conditions of Sale.
ART. 5. ONLINE SELLING 
5.1 An online sales contract is a remote contract for the sale of Products and Services. Therefore, such contracts will be concluded directly through the Customer's access to the Site, where the Customer will conclude the contract for the purchase of the Product and/or Service by completing the electronic order form and transmitting it electronically to the Seller, following the relevant instructions. The Customer may purchase only the Products and Services offered on the Site, at the price indicated therein, following the procedure indicated on the Site. When the Customer places an order, he or she must provide his or her name, a valid email address, shipping and billing addresses, telephone number (and/or fax), and any information relating to the payment method used.
5.2 The presentation of the Products and Services on the Site represents a mere invitation to the Customer to submit a contractual purchase proposal and not an offer to the public. The sale is considered concluded only after the Seller sends an order confirmation email to the email address provided by the Customer. This confirmation message will include the date and details of the order indicated in Article 3.3 and a 'Customer order number', to be used in any communication with the Seller. The message will also include all the data entered by the Customer, who undertakes to verify its accuracy and to promptly communicate any corrections, according to the methods indicated on the Site. If it is impossible to process the order for any reason, the Seller will refund any sums already paid by the Customer.
5.3 Upon shipment of the Product, the Seller will send the Customer a shipping confirmation email containing the shipment tracking number, allowing the Customer to track the shipment. Purchase requests from countries other than the one selected by the Customer in the "selection menu" of the Site, or to addresses to which the Seller cannot ship (for reasons such as, but not limited to, the lack of appropriate approval of the ordered Product for the country of shipment), cannot be accepted by the Seller. To find out the countries to which the Seller ships, please consult the appropriate menu at the top right of the Site's home screen.
5.4 Purchases can be made on the Site without prior registration and creation of a personal Customer account. To create a personal account, you can proceed by following the steps and instructions specified on the site itself at the following  address . The data relating to each order placed will remain available, for Customers who register following the procedure described above, within their account, for a period of no less than 1 (one) year.
5.5 Once payment has been made, the Customer may no longer modify or cancel the order. However, the Customer retains the right to exercise the right of withdrawal provided for in Article 12.1 of this Agreement and to return the Products in the manner set forth in Article 12.5 et seq.
ART. 6. PRODUCT UNAVAILABILITY - RESERVATION 
6.1 The temporary unavailability of Products (or specific sizes, measurements, etc.) is indicated on the Site by the Products or their sizes/measurements not being displayed. For some Products, a notification service called "Notify Me" is available. This free service, once activated, allows the Customer to receive an alert at the email address provided by the Customer when the Products and/or specific sizes, colors, etc. desired but temporarily out of stock are made available for purchase again.
6.2 In the event that the ordered Products are unavailable in stock after the Customer has confirmed receipt of the order on the Site, the Seller will notify the Customer of this to the email address provided during registration and will refund the payment, if already made (the time it takes for the amount paid to be credited back depends on the payment method chosen by the Customer). If the Products are only partially unavailable, the resulting refund will also be partial.
6.3 In certain cases and for Products selected at the Seller's discretion, the Product Reservation service will be available on the Site, with specific conditions of sale, payment and delivery dates for the same specified from time to time and appropriately indicated on the purchase page or with the possibility of checking the availability of the sales points online and purchasing in-store.
ART. 7. PAYMENT METHODS – INVOICING 
7.1 Payment for the Products purchased by the Customer, as well as the related delivery costs, may be made using one of the methods provided on the Site and indicated at the time of payment.
7.2 In the event of purchases of Products by credit card, upon completion of the online transaction, the Customer's credit card will be charged for the amount of the purchased Products upon order confirmation by the Seller. If, for any reason, the Customer's credit card is not charged for the amounts due, the sales process will be automatically cancelled and the sale will be terminated.
In the event that the Customer, for the purchase of the Products, accesses forms of installment financing provided by third parties, under no circumstances will he be able to take action against the Seller for any defaults or anomalies relating to this service.
The Seller is completely uninvolved in the contractual relationship established between the Customer and the third-party financier; therefore, in any event, the Customer must refer to the payment terms and conditions accepted upon signing the financing agreement.
7.3 If the Customer exercises the right of withdrawal, the Seller will promptly instruct the bank to reimburse the Customer, in compliance with the conditions set forth in Article 12 below, using the same payment method used by the Customer. In special cases or due to the operator's needs and/or technical problems, the refund may be made via bank transfer. At no point during the purchase process will the Seller be able to access the Customer's credit card information, which is transmitted via a secure and encrypted connection directly to the website of the bank managing the transaction. No computer archive of the Seller will retain this data. Therefore, under no circumstances can the Seller be held liable for any fraudulent or improper use of credit cards by third parties when paying for Products purchased on the Site.
7.4 The Seller will, upon request, send an invoice for the Products shipped via email in PDF format to the Customer who agrees to receive it in electronic format, with the exception of orders outside the European Union, for which the invoice will be included in the shipment. The invoice is issued based on the information provided by the Customer at the time of ordering. Once the invoice has been issued, it will not be possible to make any changes to the information provided.
ART. 8. DELIVERY METHODS - RECEIPT OF PRODUCTS
8.1 The Seller will deliver the Products to the address indicated by the Customer upon receipt of the purchase price. If the Products are to be delivered to a country outside the European Union, the shipment will be accompanied, where requested, by the relevant tax document.
In any case, the Customer can always request a copy of the invoice or equivalent tax document from the Seller.
8.2 The Seller ships the Products to the Customer using selected express couriers. As a guideline – but in any case without this entailing any obligation for the Seller and subject to (a) the actual availability of the Products; (b) periods of closure of the logistics warehouse for inventory/security checks or periods of closure of the logistics warehouse on Italian national holidays and (c) the occurrence of any causes of force majeure – the ordered Products will be delivered by the Seller to the selected courier within two working days following order confirmation. In any case, delivery will be made within a maximum of 30 (thirty) days from the day following the day on which the Customer placed the order.
8.3 In the event of only partial availability of the Products following order confirmation, the Seller will ship the Customer only the available Products. Any unavailable Products will be cancelled, and the Customer will be notified of this partial cancellation via the email address provided at the time of ordering, along with notification of a refund of the relevant price. The Seller reserves the right to split the delivery of the order, for example, if part of the order is delayed or not immediately available. In this case, the Customer will receive an automatic order update with the relevant tracking number. Additional delivery costs will not be charged for split orders.
8.4 Upon receiving the Products at their home, the Customer must verify the integrity of the packages and their quantitative and qualitative correspondence with the order. In the event of discrepancies and/or differences, the Customer will be responsible for having the courier accurately note and record them. If the packaging or wrapping of the Products ordered by the Customer arrives visibly damaged, the Customer is invited to refuse delivery from the carrier/shipping agent or to accept delivery "with reservations." The purchased Products will be delivered by the courier appointed by the Seller to the shipping address indicated by the Customer. If the delivery of the Products occurs without the Customer being able to refuse or make reservations, the Customer must report any discrepancies within 24 hours of delivery.
8.5 When processing an online purchase, the Customer has the option to choose the Pick-Up in Store service and collect the purchased products directly from one of the Seller's stores. The list of stores available for this service appears upon order confirmation. When placing an order, the Customer can choose the Dainese Store of their choice from the stores in the country selected at the beginning of the purchase process, which can be consulted at the following  link  . After 15 (fifteen) days from the Seller sending the Customer a message confirming that the item is available for collection at the store, the sale will be automatically cancelled. The Customer will then be refunded the price of their order.
ART. 9. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS 
9.1 The risks relating to the Products will pass to the Customer upon delivery. However, it is understood that, in the event that delivery fails for reasons not attributable to the Customer (theft or loss), the Seller will refund the Customer the purchase price.
In the event of suspected theft, the Seller may request a formal report to the competent authorities in order to obtain a refund.
9.2 The Customer will acquire ownership of the Products as soon as the Seller has received full payment of all amounts due in relation to the same, including shipping costs.
ART. 10. RESPONSIBILITY 
10.1 Except in cases of wilful misconduct or gross negligence, the Seller shall not be liable to the Customer under any circumstances as a result of:
  • direct and indirect damages and/or losses caused by the Products (or their use) to the Customer and to third parties, without prejudice in any case to the application of the mandatory provisions of law regarding the liability of the producer;
  • damages and/or losses which have not been caused by the Seller's breach;
  • loss of business or opportunity.
10.2 The Customer expressly acknowledges that in the event of performance of the Services, the Seller's liability for any breach is limited to, and may in no case exceed, the amounts received by the Seller and paid by the Customer in relation to the performance of the individual Services to which the liability refers. Any additional damages, losses, costs, or expenses are expressly excluded.
10.3 The Seller shall not be liable for any disruptions and/or damages to the Customer arising from causes not attributable to the Seller or, in any case, from delays caused by events beyond its reasonable control (" Force Majeure Events "). Force Majeure Events shall mean any act, event, failure to occur, omission or accident beyond its reasonable control; such expression