1. Purpose
1.1.These General Terms of Use (hereinafter, the General Terms) pertain to the remote purchase of products, via the Internet, from the website divagemilano.com (hereinafter, the Website).
1.2. The owner of the site is Divage Fashion Srl (hereinafter, Divage Fashion) with registered office at the address of Via Giovanni Pascoli 3, 20129 Milano, registered with the Trade Registry of Milano, Tax code no. 05685620964, and VAT Reg. no. IT05685620964, Milano R.E.A. [Economic and Administrative Index] no. MI - 1841819
2. Acceptance of the General Terms of Use
2.1. All purchases of products carried out through the Website (hereinafter, the Purchase Agreements) by users who access the Website (hereinafter, the Clients) are governed by these General Terms and by the Italian Consumer Code (Italian Legislative Decree no. 206/2005), section II Remote contracts (articles 50- 67) and by Italian regulations on the subject of electronic commerce (Italian Legislative Decree 70/2003).
2.2. At the execution of the Purchase Agreement, pursuant to the procedure, the Client agrees and undertakes to comply with these General Terms.
2.3. Prior to carrying out any purchase transaction, the Client is therefore required to carefully read the General Terms made available by Divage Fashion also for the purpose of allowing them to be saved or printed in compliance with the provisions of article 12, paragraph 3 of Italian Legislative Decree/2003.
2.4. Divage Fashion may amend the contents of these General Terms at any time and without prior notice. The General Terms published on the Website at the time a purchase order is sent by a Client will apply to each individual Purchase Agreement.
3. Products
3.1. www.divagemilano.com (hereinafter, the “Website”) is a website that sells cosmetics, body care products, makeup and, related accessories exclusively under the Divage Fashion brand (hereinafter, the “Products”).
3.2. All the Products on sale are illustrated in detail on the Website's homepage, in their respective sections, which are classified by Product category.
3.3. The visual display of Products on the Site, where available, has an approximate value only, and it is usually in the form of a photo image of the Products themselves, with the sole purpose to present them for sale, without any guarantee or commitment by Divage Fashion regarding the exact match of the image depicted on the Website with the actual Product; this specifically refers to the actual dimensions and/or colours of the Products and/or the packages.
3.4. In case of a difference between the image and the written product specifications, the latter will always prevail.
4. Purchasing procedure
4,1, The Client may purchase the Products in Divage Fashion's e-Catalogue, which are illustrated in detail on the Website in the corresponding product category sections, as described in the relative product specifications posted on the Website, complying with the technical access procedures explained herein.
4.2. In order to purchase the Products, the Client will have to register themselves on the Website by entering their personal information, according to the instructions of the registration program, as well as to fill out and send to Divage Fashion the order form in electronic format available on the Website, following the instructions provided on said form. The purchase orders must be duly filled out in all their parts. In case the Client does not wish to register on the Website, they will be able to make the purchase anyway; however, in that case, the Client will not be able to check the order status or take advantage of discounts and promotions.
4.3. The Client will have to add the selected Products to the “Shopping Cart” and, after choosing the courier, seeing and accepting the amount of the delivery charges, will be able to proceed with the purchase.
4.4, Should the Client need to change the purchase order or certain data contained in it, they will have to follow the special procedure explained on the Website. Specifically, the Client will be entitled to change the quantity of the Products being purchased, adding or eliminating one or more Products from the Shopping Cart.
4.5. Once this operation is finished, the Client will see a screen appear containing a summary of the purchase order, inclusive of the shipping charges, and will be asked to confirm once again the purchase procedure.
4.6. After viewing the order summary, the Client will have to select the type of payment desired, in other words, Credit Card, PayPal, Apple Pay, or, when available, by Gift Card, and then send the order by clicking on the special button.
5. Contract conclusion
5.1 The publication of Products on the Site constitutes an invitation to the Client to formulate a contractual purchase offer. An order sent by a Client has contractual value and implies complete awareness and acceptance of these General Terms.
5.2. Each Purchase Agreement stipulated between Divage Fashion and the Client shall be executed with the sending of the acceptance of the order by Divage Fashion at the e-mail address of the Client. This confirmation message will indicate an "Order Number," to be used in all subsequent communications with Divage Fashion. The message will reiterate, in addition to the information required by law, all the data entered by the Client, who agrees to verify its accuracy and immediately give notice of any corrections. Any extra costs incurred due to incorrect information which was not promptly reported will be the Client's exclusive responsibility.
5.3. The Clients may view all their orders on the Website in their reserved area, or by contacting the Divage Fashion Customer Service, immediately after sending the orders.
5.4. Occasionally, some Products offered may not be available and, in that case, if the products selected by the Client are not available, either in full or in part, the order will be sent with the available products after having notified the Client about the unavailable products.
5.5. Divage Fashion shall be free to accept or refuse, the order sent by Client at its own discretion, without the Client being able to lay claims or rights of any sort, in any capacity, even compensatory, in the event of non-acceptance of the order.
5.6. In particular, Divage Fashion reserves itself the right to not accept purchase offers and cancel orders that do not give adequate assurance of solvency or if – even after checking with the network that manages credit card payments – anomalies are found in the transactions and in the payment methods used by the Client.
5.7. The Client may verify at any time the content of the concluded Purchase Agreements by accessing their reserved area on the Website, or by contacting the Divage Fashion Customer Service. This information will be available for a 12-month period following the delivery date of the Products.
6. Product Pricing
6.1. All Product prices are clearly indicated on the Site and include VAT. Shipping expenses are adequately displayed at the time of the order. The cost for each shipment may vary, depending on the shipping and payment methods as well as the final destination and total order amount.
7. Invoicing and Payment terms
7.1. Divage Fashion shall issue an invoice for the purchased Products the moment said Products are turned over to the courier for shipping, sending it to the Client by e-mail. When issuing the invoice, Divage Fashion relies on the information provided by the Client. Once the invoice is issued it will not be possible to make any changes to this information.
7.2. As described in more detail in the relevant sections, payments with Credit Card or PayPal exclusively require an authorization, in other words booking the money with no actual charge the moment the Customer enters the orders. Payment is actually charged to the Customer only the moment the Products are turned over to the courier in charge of the shipment. In this phase, Divage Fashion also issues the invoice pertaining to the order.
7.3. The purchased Products may be paid by means of credit card, PayPal, Apple Pay or, when available, Gift Card, according to the methods specified here below:
Online credit cards
The following credit cards are accepted: Visa, Mastercard, American Express.
All information is transferred in encrypted form through an SSL certificate and therefore cannot be intercepted by outside parties.
Furthermore, the data is entered directly on the bank's website, thereby guaranteeing maximum security.
The amount of the order is not immediately debited on the card, but instead during a subsequent phase, within the limits authorized by Client.
When the order is entered on DivageMilano’s Website, an authorization will be requested only for payment of the indicated amount (very often, the bank which issued the card sends a Text Message or SMS/e-mail to the Client at this time).
This authorization does not mean that the money has been debited, but simply that the corresponding amount has been “booked”.
The amount due will actually be debited once the order is turned over to the courier, forwarding company or any other subject authorized by Divage Fashion to carry out the delivery.
This guarantees that the order amount is debited on the credit card only at the time of the actual shipment of the Products and only for the amount pertaining to the Products actually shipped.
PayPal
PayPal, an eBay group company, is a quick and secure payment system.
Once the order is completed and PayPal is selected as the payment method, the buyer will be redirected to the PayPal website. where they can access their account by entering their personal e-mail address and password.
After registration, payments can be made through PayPal without having to re-enter the information for future purchases.
By choosing to pay through PayPal, the amount is debited directly on the indicated credit card (Visa, Visa Electron, MasterCard, American Express) or prepaid card (PostePay). PayPal safeguards the buyer's information so that no financial information is disclosed.
PayPal will send a confirming e-mail for each transaction carried out using this method.
Please note that the amount of the order is debited from your PayPal account when the order is turned over to the courier. When the order is entered on the Site, an authorization request will be sent simply to verify whether the Client's PayPal account has the available funds, without any debit being made.
In case the order is canceled, the amount will be refunded to the Client's PayPal account.
8. Shipping Methods and Charges
8.1. Divage Fashion agrees to deliver the Products without undue delay and in any case within 30 days from the execution of the Purchase Agreement. Products are delivered by way of a courier, and delivery times vary depending on the place of destination. In any event, the delivery dates indicated at the time the purchase order is placed are approximate.
8.2. Divage Fashion ships to all countries indicated on the Website, and delivery is made without an appointment.
8.3. Divage Fashion will not be liable in any way towards the Client for any delays in filling the order or in delivering the Products listed in the Purchase Agreement.
8.4. The ordered Products will be sent to the mailing address specified by the Client. Once Divage Fashion has turned over the products to the courier, the Client will receive an e-mail confirming the shipment.
8.5. Deliveries are made from Monday to Friday, during normal business hours, except on national holidays, according to the terms and conditions set forth by the courier chosen by the Client. The delivery is deemed to have been completed when the Products are made available to the Client at the address specified on the order form. In the event that a delivery cannot be made due to the recipient’s absence at the specified address, the courier will send an e-mail and reattempt delivery according to the terms and conditions set forth by the courier. If delivery cannot be completed the following day either, again due to the recipient's absence, Customer Service will attempt to contact the Client in order to schedule a new delivery date. In the event, that Customer Service is not able to contact the Client over the next 10 days and if delivery continues to be impossible due to the recipient's absence, the Products listed in the order will be returned to Divage Fashion. Once 30 (thirty) days have elapsed from the date the Products listed in the order were returned to Divage Fashion because it was not possible to complete the delivery, the contract will be terminated and the purchase order canceled pursuant to art. 1456 of the Italian Civil Code. Divage Fashion will then proceed to refund the amount paid by the Client, net of the costs incurred to return the Products and of expenses for their storage at the facilities of the courier in charge of their delivery.
8.6. Termination of the contract and the amount of the refund will be notified via e-mail. The refund amount will be credited to the payment method used by the Client for the purchase. In the event that, before the 30-day period elapses, the Client once again requests to receive the purchased Products, Divage Fashion will proceed with the new delivery after debiting the charges for this new delivery as well as the costs for returning the Products to Divage Fashion and the storage fees.
8.7. At the time of delivery of the Products by the courier hired by Divage Fashion, the Client is required to carefully check:
a) that the tamper-proof label is intact and the packaging has not been damaged or otherwise altered.
b) that the number of delivered pieces matches the amount indicated in the shipping document.
8.8. The Client must immediately report any damage to the tamper-proof label, to the packaging or to the Products or if the number of units/packages or indications does not match, by contacting Divage Fashion’s Customer Service, indicating the order for which these problems occurred.
8.9. Cases of force majeure, unavailability of means of transportation, and unforeseen or unavoidable events that result in a delay in deliveries or make deliveries difficult or impossible or cause significant increases in Divage Fashion's delivery expenses, will give the latter the right to split up, resend or cancel the order, in full or in part, or to cancel the Purchase Agreement. In these cases, Divage Fashion must immediately inform the Client of its decision by sending an e-mail to the address provided by Client, with the Client only being entitled to a refund of any sums already paid, excluding any other claims against Divage Fashion, for any reason.
9. Discount coupons – Promotions
9.1. Any discount coupons or promotional codes may be entered when the Client fills out the purchase order, The system will automatically change the total order amount, deducting any discounts or allowances.
9.2. Coupons can be used together with other commercial initiatives only where the possibility to do so is explicitly indicated.
10. Right to Withdraw and its effects
10.1. The Client has the right to terminate the Purchase Agreement, at its discretion and without cause, within 14 days (“withdrawal period”).
10.2 The withdrawal period expires: (i) 14 days after the Client or a third party – excluding the courier and the person indicated by it- enter in possession of the Products or (ii) in case of a Purchase Agreement relating to multiple Products ordered in a single order and delivered separately, 14 days after the Client or a third party – excluding the courier and the person indicated by it – enter in possession of the last ordered Products.
10.3 To exercise the right of withdrawal, the Client must inform Divage Fashion (Via Giovanni Pascoli 3, 20129 Milano) of their decision to terminate the Purchase Agreement through an express declaration (eg. Letter sent by post, fax, or e-mail).
10.4 In order to comply with the withdrawal period, the Client shall send the notice of withdrawal before the expiration of the withdrawal period.
10.5 If the Client terminates the Purchase Agreement, all the payments made in favour of Divage Fashion will be refunded, including costs of delivery (except for the additional costs arising from the choice of a type of delivery different from the less expensive method available, i.e. “standard method”), without undue delay and in any case not later than 14 days from the day Divage Fashion is informed of the decision to exercise the right to withdrawal. Such refund will be made using the same method of payment used by the Client for the purchase of the Products unless it is expressly agreed otherwise. In any case, the Client will not bear any cost, except for what written in paragraph 10.6 below. The reimbursement may be suspended until receipt of the goods or until the Client proves having sent back the goods, if earlier.
10.6 The Client must send back the Products or deliver to Divage Fashion Srl, Via Giovanni Pascoli 3, 20129, Milano Italy, without undue delay and in any case within 14 days from the day of the exercise of the right to withdrawal. The deadline is respected if the Client sent back the Products before the expiration of the period of 14 days. Direct costs will be paid by the Client. The Client is responsible only for the diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Products.
10.7. In any case, the Client cannot exercise the right to withdrawal in the case of sealed goods which are not returnable for reasons of hygiene or related to health protection and that have been unsealed after delivery.
11. Product non-compliance and defective products
11.1. Products offered on the Website comply with Italian and EU legislation currently in force. The images and colors of the Products published on the Website may differ from their actual images and colors due to the display settings of the local computer systems and/or devices used to display them.
11.2. In the event that the purchased Products do not match the description published on the Website or in case of a defective or broken Product, the Client is entitled to an immediate refund for the defective item, once photographs showing the damaged or non-conforming Product have been submitted using the form in the Customer Service section.
11.3 A communication from the Divage Fashion staff will follow, indicating the refund method, at the Client’s discretion. The refund may also be in the form of coupons for discounts on future purchases whose value is greater than the amount to be reimbursed, excluding any additional responsibility for Divage Fashion, for any reason.
11.4 In any case, the present General Terms shall apply without prejudice to the provisions on Product liability and guarantee set forth by the Italian Consumer Code (Legislative Decree no. 206 of 2005, articles 102-135).
12. Processing of Personal Data
Divage Fashion processes Client-related information in accordance with the provisions of existing laws on the subject of personal data protection, as specified in the notice in the specific section entitled "Privacy Notice."
13. Communications and claims
All communications or claims from Clients to pertaining to Purchase Agreements must be communicated using the specific contact forms found in the Reserved Area.
14. Intellectual Property Rights
All trademarks (registered or not), as well as any intellectual property, distinguishing marks or name, image, photograph, written text or graphics and more generally, any other intangible assets protected by international laws and conventions on intellectual property and industrial property rights, reproduced on the Site will remain the exclusive property of Divage Fashion, and accessing the Website and /or concluding Purchase Agreements does not afford the Client any rights thereupon. Any use thereof, including only in part, is prohibited without Divage Fashion's prior written authorization, which exclusively reserves itself all relevant rights.
15. Applicable law and Place of jurisdiction
15.1 These General Terms, as well as any other contract entered into with the Client, are governed by Italian law, without prejudice to the application of EC regulations and of international treaties, where applicable, as well as national consumer protection regulations.
15-2 Any controversy arising from or relating to the interpretation, execution, validity or efficacy of these General Terms and of any other contract entered into with the Clients will be submitted to the exclusive jurisdiction of the Court of Milan.
16. Each online consumer is allowed to buy at most 10 pieces of each product, for a maximum purchase order of 1000€.
The products, services, and promotional samples available from the Divage Fashion website are for personal use only. Online consumers are not authorized to sell or resell the products, services and promotional samples received. Divage Fashion reserves the right to reduce or terminate the supply of any goods or services regarding which it has reason to believe that the behavior of users violates the Conditions of Sale.
