Terms and Conditions
Any purchase of DOMUS HOME COLLECTION branded products made on the website www.domus-homecollection.com (hereinafter also the "Site") by users qualifying as consumers according to the law, is governed by these general conditions of contract (" General Sales Conditions "or" Sales Conditions "or" Terms and Conditions ").
The products and/or services purchased on the Site are sold directly by DOMUS S.R.L. with a sole shareholder, with registered office in Italy, Viale Sarca, 47, 20125 Milan, registered in the register of companies of Milan Monza Brianza Lodi with no. 10981920969, VAT number 0010981920969, with a capital of € 10,000 (hereinafter, the "Seller" or "DOMUS").
Domus srl is the manufacturer and owner of the Domus Home Collection brand and is the owner of the rights of use on domains, logos, trademarks, copyrights applied to the Site. The name "Domus Home Collection" is a wordmark with EUIPO certification n. 018136809 which is the sole owner of Domus S.R.L. with sole shareholder.
Please note that it is always possible to contact the Seller by e-mail at the following e-mail address firstname.lastname@example.org and at the additional addresses indicated in these Conditions of Sale and in the Contact section.
Before confirming and sending any purchase order through the Site, please read these Conditions of Sale carefully, which may also be downloaded from the Site for the purposes of their electronic storage or printing.
In addition to the terms defined elsewhere in these General Conditions of Sale, for the purposes of the same, the following are defined:
- "Customer" the final customer who is also a consumer pursuant to art. 3 of Legislative Decree 206 of 6 September 2005, or "a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out".
- "Consumer Code" the Legislative Decree no. 206 of 6 September 2005, as subsequently supplemented and amended.
- "Order Confirmation" the notice sent to the Customer via e-mail, confirming the shipment of the Products ordered and concluding the Contract.
- "Contract" the contract for the purchase of the Products concluded remotely, electronically through the Site, between the Customer and the Seller, including the Order and the relative Order Confirmation as well as these General Conditions of Sale which are integral and essential of the aforementioned contract.
- "Order" the purchase order of Products sent by the Customer to the Seller by completing the order form on the Site.
- "Products" the Seller's products marked with the DOMUS HOME COLLECTION brand and present, from time to time, in the catalog on the Site.
- "Order Receipt" the e-mail that the Seller automatically sends to the Customer to confirm receipt of the order form.
- "Site" the Seller's website at the URL www. domus-homecollection.com
- “Seller” Domus Srl with single shareholder, registered office in Italy, Viale Sarca, 47. 20125 Milan, registered in the register of companies of Milan Monza Brianza Lodi with no. 10981920969, VAT number 0010981920969, with a capital of € 10,000.
2.1 The Conditions of Sale govern all the Contracts between the Seller and the Customer concluded electronically through the Site and constitute an integral and essential part thereof.
3. COUNTRIES OF SHIPPING
3.1 The purchase of Products through the Site is currently possible if the delivery must take place in the countries indicated on the Site on the "Shipping" page, the Seller reserving the right to expand or restrict this list.
3.2 It is not possible for the Customer to indicate a shipping address outside the countries displayed on the "Shipping" page and, therefore, the related orders cannot be accepted by the Seller.
4. ORDER AND ACCEPTANCE
4.1 To place an Order on the Site, the Customer must select the Products on the Site, indicate the color and size, add the Products to the virtual cart, select the check-out button and follow the instructions on the Site for compilation of the order form in electronic format and its transmission electronically to the Seller.
4.2 To complete and transmit the order form electronically, it is not necessary to register on the Site: the Customer can fill in the order form by following the "Checkout" procedure. Alternatively, before completing and sending the order form to the Seller, the Customer can create his own "account" (or personal profile) by filling in the forms on the Site or access his personal account previously created.
4.3 Orders can only be placed by persons of greater age and who are not in conditions of legal incapacity. The Customer must provide the information necessary for billing and shipping and assumes full responsibility for the truthfulness and correctness of the personal data entered and released to the Seller when registering on the Site and/or sending the order form. It is understood that any damage/delay/inconvenience referable to and/or attributable to the incorrectness and/or untruthfulness of the personal data entered released to the Seller can in no case be charged to the Seller.
4.4 Each Order sent constitutes an offer to purchase Products. Orders are subject to the availability and acceptance of the Seller and the Seller may refuse to accept the Order and not process it in the following cases:
- Orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect;
- In case of unavailability of the ordered Products;
- In case of errors on the Site relating to the Products ordered by the Customer, for example, an error relating to the price or description of the Products as shown on the Site.
In these cases, the Seller will inform the Customer by e-mail that the contract is not concluded and that the Seller has not carried out the Order specifying the reasons, promptly and in any case within thirty (30) days from the date of transmission of the Order to the Seller.
4.5 By submitting the order form, the Customer unconditionally accepts and undertakes to observe these Conditions of Sale in relations with the Seller. Therefore, before submitting the order form, it is the Customer's obligation to carefully read the General Conditions of Sale. In any case, before the conclusion of the online procedure and the transmission of the order form, the Customer will be invited to read and accept these Conditions of Sale. This document can be printed by the Customer and can be stored or reproduced for his personal use. If the Customer does not agree with one or more terms contained in these Conditions of Sale, he is invited to refrain from making purchases on the Site.
4.6 The order form contains a summary of the main information relating to each Product ordered. In particular, the price (including VAT), the means of payment that can be used, the methods of delivery of the products ordered, and the delivery costs (including any additional costs incurred for choosing a different type of shipment and delivery and/or faster than the standard one).
4.7 At the time of sending the order form, the Customer will be warned that such forwarding implies the obligation to pay. Before confirming the order, the Customer can identify and correct any data entry errors by clicking on the "edit" button.
4.8 The order form will be filed in the Seller's database at least for the period of time necessary to process the orders and, in any case, in compliance with the applicable legal terms. Following the sending of the Order, the Customer can follow the status of the same, directly online by consulting the My Orders section in My Account if registered on the Site or, alternatively, by contacting Customer Service.
4.9 After the electronic transmission of the order form, the Seller will send the Customer, to the e-mail address indicated in the order form, an order receipt containing the confirmation that the Order has been received and is in processing course as well as a summary of the related information (link to the General Conditions of Sale, information relating to the essential characteristics of the products purchased, a detailed indication of the price, means of payment, an indication of delivery costs and applicable taxes) (the "Receipt of the Order "). Receipt of the Order does not constitute acceptance of the Order. The Order will be accepted only when the ordered Products are actually shipped and the Seller sends the Order Confirmation. If the Customer does not receive the relevant Order Receipt within 48 hours from the transmission of the Order, he is invited to contact Customer Service before submitting the same order again.
4.10 Subsequently and, in any case, at the time of actual shipment of the Products present in the order form, the Seller will send the Order Confirmation to the Customer by e-mail. With the Order Confirmation the Contract will be considered concluded.
4.11 The languages available to conclude the Contract are Italian and English.
4.12 For any question, comment, or doubt in relation to an Order or if the Customer believes that an Order has been rejected by mistake, the Customer may contact Customer Service at the addresses indicated in Article 11 below.
5. PRICE INDICATIONS AND PAYMENT CONDITIONS
5.1 The prices of the Products are indicated on the Site and may be subject to updates and variations. The Customer is required to ascertain the final sale price on the check-out page before submitting the order form.
5.2 The prices of the Products are inclusive of VAT. The prices of the Products do not include shipping costs which may vary depending on the type of delivery, the quantity of Products to be delivered, their volume, their weight, and their destination. The contribution requested by the Seller for the shipping costs is indicated, separately from the price, before the Order is sent by the Customers and will be paid by the Customers together with and at the same time as the payment of the price.
5.3 Payment by the Customer can only be made using one of the payment methods indicated in the check-out procedure, chosen by the Customer.
5.4 In case of payment by credit card, the purchased Products will be shipped only after verifying the data of the Customer's credit or debit or prepaid card and only after receiving the authorization of the debit from the bank. support of the Customer, it being understood that the charge will take place at the time of the Order Confirmation.
5.5 In the event that, for any reason, the debit of the amounts due by the Customer does not take place, the sales process is automatically canceled and the sale automatically canceled.
5.6 Only at the request of the Customer to be indicated in the order form, Domus Srl will issue a specific invoice which will be sent to the Customer via e-mail or post in compliance with current legislation. The invoice is issued on the basis of the information provided by the Customer at the time of the Order. Changes to the invoice are not permitted after its issue.
6. TRANSPORT AND DELIVERY
6.1 The Products purchased will be delivered to the address indicated by the Customer in the order form by the courier selected by Domus Srl and during normal working hours. At the time of delivery, the signature of the Customer (or his delegate) is required. No deliveries are made to post office boxes.
6.2 Delivery costs are charged to the Customer and are shown separately in the order form.
6.3 The delivery terms listed in the delivery options indicate the period of time usually required to deliver the Products. Deliveries will in any case be made within 30 (thirty) days from the date of the Order Confirmation (except in the event of force majeure or unforeseeable circumstances).
7. PRODUCTS AND WARRANTIES
7.1 Only products bearing the DOMUS HOME COLLECTION brand are shown on the Site. The Product catalog can be periodically updated by the Seller, who, therefore, does not provide any guarantee regarding the permanence of a specific product among those available online.
7.2 The Products shown on the Site are subject to stock limits and the Seller does not always guarantee their availability. In no case does the Seller guarantee the availability of all sizes/versions for each garment/color in the catalog. In case of temporary unavailability of the Products already ordered, the Seller will promptly inform the Customer by email or by telephone. If the Product is not available, no amount will be charged to the Customer's credit card and, if the amount has already been charged, the corresponding amount will be refunded to the Customer within 30 days.
7.3 The essential characteristics of the Products are presented on the Site within each product sheet. The images are provided for illustrative purposes of the Products only. In particular, the images and colors of the Products on the Site may not correspond to the real ones due to the Internet browser and monitor used by the Customer. The Seller, therefore, cannot be held responsible for any inadequacy of the graphic representations of the Products shown on the Site.
7.4 The sale of the Products to consumers is subject to the legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code. Pursuant to these regulatory provisions, the Seller is obliged to deliver the Products in accordance with the Contract. In case of lack of conformity (for example, defective product or product different from the one ordered), the Customer has the right to obtain the restoration of the conformity of the goods by repair or replacement (the Customer can choose whether to obtain the repair or replacement of the Product under the conditions provided for by law), without any expense at your expense, or, in the event that one of these remedies is not successful (according to the provisions of Article 130, paragraph 7, of the Consumer Code), you will be able to obtain an appropriate reduction the price of the Products or the termination of the contract. The Customer loses these rights if he does not report the lack of conformity to Domus Srl within 2 (two) months from the date on which he discovered this lack of conformity. The direct action to assert a lack of conformity not intentionally concealed by Domus Srl is prescribed, in any case, within 26 (twenty-six) months from the delivery of the Product. In the event that the Customer requests the repair or replacement of the Product due to a lack of conformity of the Product, the delivery costs relating to the return to Domus Srl of the Product to be repaired or replaced, as well as all costs relating to delivery to the Customer of the repaired or replaced Product, remain the responsibility of Domus Srl
8. RIGHT OF WITHDRAWAL
8.1 The Customer, pursuant to art. 52 of the Consumer Code, has the right to withdraw from the Contract, without giving any reasons and without any penalty, without prejudice to what is indicated below.
8.2 The Customer has the right to withdraw from the Contract within 30 days from the date of receipt of the Products for which the right of withdrawal is exercised. The right of withdrawal, therefore, ends after 30 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Products.
8.3 To exercise the right of withdrawal, the Customer, within the period indicated above, must send the Seller a communication to that effect by contacting the Seller's Customer Service or by e-mail at email@example.com or by writing to the following address (not valid for shipment of goods): Domus Srl a socio unico, Viale Sarca, 47. 20125 Milan, tel. +39 371 431 9774.
8.4 In the event that the aforementioned notice of withdrawal is received electronically, the Seller will send the Customer an e-mail confirming receipt. In other cases, the burden of proof relating to the exercise of the right of withdrawal in accordance with the Consumer Code rests on the Customer.
8.5 The Customer must send the Product back to the Seller, without undue delay and in any case within 14 days from the date on which he communicated his withdrawal from the Contract. This means that the Customer must return the goods or deliver them to Domus Srl at the address that will be communicated by the customer service. The deadline is met if the Customer sends back the goods before the expiry of the period of fourteen 14 days.
8.6 In case of withdrawal communicated by the Customer according to the methods and terms referred to in this article, the Seller will reimburse the Customer all the amounts paid by the latter, excluding those for ordinary delivery costs of the Products, where applicable, within the deadline. 14 days from receipt of the notice of withdrawal sent by the Customer. In any case, please note that the refund may be suspended until receipt of the goods or until the Customer demonstrates that he has returned the goods, whichever is earlier. The shipping costs related to the return of the Product are charged to the Customer. These refunds will be made by bank transfer to the coordinates indicated by the Customer, unless the latter has expressly agreed otherwise; in any case, it is understood that coupons or discount vouchers will not be refunded in cash.
8.7 The possibility for the Customer to exercise the right of withdrawal is excluded in the following cases:
(I) even partial use of the Product and/or washing of the same;
(II) customized goods.
8.8 In case of exercise of the right of withdrawal by the Customer, the Products must be returned intact and properly packaged, preferably in their original packaging, accompanied by any accessories. The Seller has the right not to accept the return or not to refund in full the sums paid for the purchase, in relation to those Products that do not have the relative tag, label or original packaging, or that have been altered in their essential and qualitative characteristics. or that they have been damaged.
9. RETURN AND REFUND IN CASE OF NON-CONFORMING PRODUCT
9.1 In the event of a lack of conformity of Products delivered to the Customer and purchased on the Site, the Customer has the right, at no additional cost, to repair or replacement of the Products, where possible in relation to the number of items still available and unless the repair or replacement are not excessively burdensome for the Seller. Alternatively, the Customer has the right to terminate the Contract or to reduce the price.
9.2 The Customer must notify Domus Srl of any lack of conformity of the Products purchased on the Site in compliance with the terms referred to in Article 7.4 above, under penalty of forfeiture of the legal guarantee. For any returns, the Customer must follow the instructions of the Customer Service which, in any case, will in no way constitute recognition of defects or non-conformities. In this regard, Domus Srl reserves the right to check the returned Products to verify the existence of the defect or non-conformity and may in turn return the Products to the Customer if it verifies that no defect or non-conformity exists.
9.3 It is not possible to request or make repairs or refunds at the shops selling Domus Srl products for the Products purchased on the Site.
10. FORCE MAJEURE
10.1 The execution of the services by the Seller may be suspended in the event of a fortuitous event or force majeure that prevents or delays its execution.
10.2 The Seller informs the Customer in the event of a fortuitous event or force majeure within 7 (seven) days from the occurrence of the same. In the event that the suspension of the service is prolonged for a period exceeding 15 (fifteen) days, the Customer has the possibility to cancel the Order.
11. CUSTOMER SERVICE - CONTACTS
11.1 For any complaint, further information or assistance on the Site or on the purchase procedure, the Customer is requested to send an e-mail to the following address: firstname.lastname@example.org
11.2 Alternatively, you can contact Domus Srl at the telephone number +39 371 431 9774 or write to Domus Srl, Viale Sarca, 47, 20125 Milan.
12.2 If the Customer is a registered user on the Site, by accessing their personal area of the Site (My Account), the Customer may at any time correct, rectify or update their personal data.
13. USE OF THE SITE
13.1 The use of the Site is subject to the General Conditions of Use which can be consulted in the Legal Area.
14. APPLICABLE LAW AND COURT
14.1 These Conditions of Sale are governed by Italian law and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce, without prejudice to the mandatory rules of the state of residence or domicile of the Customer-Consumer.
14.2 For any dispute that may arise in relation to these Conditions of Sale and the purchase contracts concluded between the Customer and the Seller, assuming that the Customer is a consumer, the judge will be competent, pursuant to article 66-bis of the Consumer Code. the place of residence or domicile of the Customer-Consumer, or, at the choice of the Consumer Customer, the Court of Milan.
15. CHANGES AND UPDATES
15.1 The applicable General Conditions of Sale are those published from time to time on the Site and which the Customer must therefore check when purchasing the Products.
15.2 Domus Srl reserves the right to modify the General Conditions of Sale from time to time, also in consideration of any regulatory changes. Any new General Conditions of Sale will be effective from the date of publication of the same on the Site.