Customer area

The sale of products through the website www.dekkeroriginal.com (hereinafter the “Site”) is carried out by Digital Boite S.r.l., with registered office in Italy, Via Cusani no. 5 – 20121 Milan (tax code 03796760365), share capital Euro 100,000.00 (hereinafter the “Company”).

The Customer is informed that the goods offered for sale on the Site are manufactured by Geo Spirit S.r.l., with registered office in Italy, with registered office in Italy, Via Provinciale del Biagioni no. 55 – Altopascio (LU), tax code and VAT no. 02263200467, contactable at the following email address privacy@dekkeroriginal.com, which assumes responsibility therefor pursuant to applicable law. Any person placing an order submits an offer to purchase one or more products under the following terms and conditions. The user who, by accessing the Site, intends to proceed with the purchase of the products offered for sale therein, may do so only if he/she is a natural person acting on the Site for purposes unrelated to any commercial, entrepreneurial or professional activity, if any, carried out by him/her (hereinafter the “Customer”).

All orders are subject to availability and confirmation of the order price.

Shipping times are to be considered indicative. They may vary depending on product availability in the warehouse and may in any case be subject to delays due to the delivery service or causes of force majeure, for which the Company shall not be held liable.

If the user does not meet said requirements, the commercial transaction cannot be completed and/or accepted. In order to conclude a contract with the Company, the Customer must be 18 (eighteen) years of age or older and must hold a valid credit or debit card issued by a bank deemed reliable by the Company, or must have lawful availability of a PayPal account.

1. ORDER AND ACCEPTANCE

When the Customer places an order, an email confirming receipt of the order will be sent: such email shall merely constitute acknowledgment of receipt of the order and shall not constitute automatic acceptance thereof. The contract shall not be concluded until the Company sends an email confirming that the products ordered by the Customer are available and have been shipped. In the event of unavailability of the Product and/or non-acceptance of the order, the Company shall promptly inform the Customer and refund the Customer if payment has already been made. In such case, the Customer shall not be entitled to any other indemnity or compensation. Only the goods indicated in the confirmation email sent at the time of shipment shall be included in the final contract. The Company reserves the right to refuse Orders from a Customer with whom a dispute and/or complaint relating to a previous Order is pending or has previously arisen, or from a Customer deemed unsuitable due to previous violations of the Conditions of Sale or involvement in fraudulent activities. When the Customer places an order, he/she undertakes to ensure that all details provided are true and accurate, that he/she is authorized to use the credit or debit card to place the order, and that he/she has sufficient funds to cover the full value of the purchase.

2. WARRANTIES

The Site exclusively offers for sale products bearing the registered trademark “DEKKER”. The Company does not sell used products, irregular products, or products of a quality lower than the corresponding standards offered on the market. The essential characteristics of the products are presented within each product sheet. The images and colors of the products offered for sale may not correspond to the actual ones due to the Internet browser and monitor used by the Customer.

All products sold through the Site are covered by the legal guarantee of conformity. The Company is liable to the consumer for any lack of conformity existing at the time of delivery of the goods that becomes apparent within two years from such delivery.

In the event of a lack of conformity of the goods, the Customer is entitled, free of charge, to restoration of the conformity of the product by repair or replacement of the goods, at his/her choice, unless the requested remedy is impossible or excessively burdensome compared to the alternative remedy. In the cases provided by law, the Customer is entitled to a proportionate reduction in the price or termination of the contract.

The right to terminate the contract is excluded in the case of minor defects.

For faster handling of the report, the Customer is invited to notify the defect by email to privacy@dekkeroriginal.com.

Following the report, the Company (which may also request that the Customer send photographic documentation by email in support of the alleged non-conformity) shall provide the Customer with instructions for returning the product and, where necessary, shall arrange collection by courier. In the parcel for shipment, in order to ensure faster handling of the report, the Customer is invited to enclose a copy of the notice of complaint and of the order confirmation or invoice.

Verification of the alleged defect shall be carried out by the Company or by appointed third parties.

If the lack of conformity is confirmed, the Company shall, at no cost to the Customer, restore the conformity of the product by repair or replacement or, in the cases provided by law, reduce the price or terminate the contract with reimbursement of the amount paid.

Repair or replacement times may vary depending on the nature of the intervention and the availability of the product.

If, following the checks, the alleged defect is found not to exist or not to constitute a lack of conformity under the applicable regulations, the Company shall notify the Customer accordingly, agreeing with the latter on the method for returning the product.

The legal guarantee does not apply to damage resulting from improper use of the product, failure to comply with the instructions for use, maintenance or washing, as well as from causes not attributable to a lack of conformity of the product.

In any event, the provisions of mandatory applicable consumer protection law shall remain unaffected.

The legal guarantee shall apply independently of any other commercial guarantee that may be offered. Any action aimed at asserting defects shall, in any event, be time-barred after twenty-six months from delivery of the goods.

3. PRICE AND AVAILABILITY

The prices of the products may be subject to updates. The Customer must ascertain the final sale price before submitting the relevant order form. Prices are stated in Euro. Where applicable, the price includes VAT. In the event that, due to an obvious and recognizable clerical error, the price indicated on the Site is disproportionately lower than the price normally known for the product, the Company reserves the right to cancel the order and not proceed with shipment, refunding the Customer accordingly. In such case, the Customer shall be promptly informed by our Customer Service. Where applicable, delivery costs shall be clearly specified at the summary stage before submission of the order form. The cost of products for foreign markets (outside Italy) may differ depending on the commercial policies of the destination country. All indicated prices may be subject to such variations. The Company reserves the right to activate a specific section of the Site through which it may sell products belonging to commercial seasons prior to the current one, possibly applying specific discounts.

4. PAYMENT

Payment may be made by the Customer using one of the methods listed in the “Accepted Payments” section on the Site. After receiving the order, the Company shall carry out a check of the data provided, which will result in a pre-authorization of the payment method chosen by the Customer in order to ensure that sufficient funds are available to complete the transaction. The products shall not be shipped until this pre-authorization check has been completed. In the event of payment by credit card, the Customer making the payment confirms that he/she is the holder of the credit card used. Credit cards shall be subject to verification and authorization by the card issuer, and should such entity delay or fail to authorize payment, the Company shall not be liable respectively for delayed delivery or non-delivery. A pre-charge shall therefore be made to the Customer’s credit/debit card and the order shall be deemed temporarily accepted. The actual charge of the payment to the Customer’s credit/debit card, including the purchase price of the products and the shipping costs (if applicable), as indicated in the order form, shall be made at the time the order is definitively accepted and leaves the Company’s warehouses.

In the event of payment by credit card, financial information (for example, the credit/debit card number or its expiration date) shall be transmitted, by means of encrypted protocol, to the banks providing the relevant remote electronic payment services. Such information, moreover, shall never be used by the Company except to complete the procedures relating to the purchase made by the Customer and to issue refunds in the event of any returns of products following the exercise of the right of withdrawal, or where necessary to prevent or report to the competent authorities the commission of fraud on the Site. In the event of payment with Scalapay, you receive your order immediately and pay in 3 instalments. The Customer acknowledges that payment of the instalments is made directly in favour of Scalapay IP S.p.A.

In the event of payment via Klarna, the Customer enters into a separate agreement with Klarna. The Company is not responsible for decisions made by Klarna regarding eligibility or payment terms. For detailed information on Klarna’s terms and conditions, the Customer must visit klarna.com. The Customer’s personal data shall be processed in accordance with personal data protection law and with the information contained in Klarna’s privacy policy.

5. SHIPPING AND DELIVERY

The countries to which the Company may ship goods purchased on the Site can be viewed by consulting the “Shipping Countries” section. Purchase requests from countries not included among those shown in the “Shipping Countries” section cannot be accepted. Shipping and handling rates depend on the country to which the goods are to be shipped and the delivery times requested by the Customer. A list of shipping and handling rates and delivery terms can be consulted in the “Shipping Times and Costs” section. Title to the product shall pass at the time of actual delivery to the Customer: as soon as the Company, through a specifically appointed courier, has delivered the goods to the address indicated by the Customer, the latter shall become responsible therefor, including in the event of any loss of or damage to the same. Except in the event of force majeure or unforeseeable circumstances, deliveries shall be made within 30 (thirty) days from the date indicated during the order process. In the event of non-delivery within the aforesaid term, the Customer shall invite the Company to make delivery within an additional period and, if such additional period also expires without delivery being made, the consumer shall be entitled to terminate the contract and the Company shall reimburse all costs incurred. Without prejudice to the provisions of Article 61, paragraph 4, of the Italian Consumer Code.

For contingent operational reasons, connected with circulation restrictions, particular traffic conditions, staff strikes or other similar circumstances related to the activity of the appointed carrier, delivery may be made, by way of derogation from the recipient address indicated, to one of the authorized pick-up points (so-called PUDO – Pick Up and Drop Off) closest to the address indicated by the Customer. In such case, the carrier shall notify the Customer and the Company thereof, indicating the specific PUDO where the goods shall be available for collection and the relevant storage arrangements and deadlines. Delivery at the PUDO shall be deemed for all purposes valid and compliant with the sales contract. The Customer is required to collect the goods within the storage period communicated by the carrier. In the event of failure to collect within such period, the goods may be returned to the Company, with any storage, re-delivery or return costs being borne by the Customer, without prejudice to the provisions of mandatory applicable law, including the Italian Consumer Code.

Upon delivery, the Customer must:

• Check that the number of packages being delivered corresponds to the number indicated in the order;
• Check that the packaging and the related seals are intact, not damaged, not wet, and not altered in any way;
• Sign the courier’s delivery document with a legible signature;
• If requested by the courier, present an identity document.

Any damage to the packaging and/or the products or any discrepancy in the number of packages or delivery information must be immediately contested to the courier, specifying that acceptance of the order is made “with reservation”. In addition, the Customer shall be required promptly to inform the Company of the issue encountered, providing adequate photographic documentation and an appropriate signed statement. Once the courier’s document has been signed without the Customer having raised objections, in the absence of timely notice to the Company and/or in the absence of adequate supporting photographic documentation, the Customer may not raise objections regarding the external characteristics of the delivered package or regarding any shortages or damage found in the product due to shipment.

6. RIGHT OF WITHDRAWAL AND RETURNS

The Customer has the right to withdraw from the contract, without providing any reason and without any penalty, within 14 days from the date of receipt of the products. The right of withdrawal shall be deemed correctly exercised provided that the following conditions are complied with:

• The Customer is required to inform the Company of the decision to withdraw from the contract by means of an explicit written statement, by completing the online return form or submitting another written statement clearly expressing the intention to withdraw from the contract;
• The return must be made by carefully following the return instructions provided in the return confirmation email. In the event of non-receipt of such email, the Customer may request that it be resent by our customer service via email. Under no circumstances may the Company be held liable for returns made other than in accordance with our guidelines.

Where the Customer ships the parcel via the courier appointed by the Company, he/she must affix the pre-printed and prepaid label to the original box (or another equally sturdy box) so as to cover the original destination label bearing his/her address. The box must be handed to the courier already packed in such a way as to allow transportation without damaging the items contained therein. The Customer may ship the return only from the country to which delivery was made.

The goods must be shipped to the address indicated on the pre-printed label without undue delay and in any event within 14 days from the day on which the Customer communicates withdrawal from the contract. The deadline shall be met if the Customer ships the goods before the expiry of the 14-day period.

All returned items are subject to inspection and must comply with the parameters listed below. Garments must not have been worn, washed or altered and must show no signs of use. Each garment must be returned complete with all labels, packaging and original accessories received with the order. Footwear and accessories must be returned together with their original box, which is considered for all purposes an integral part of the product itself and must not have been damaged and/or altered in any way. Intimate garments must be tried on over the Customer’s own underwear. Returns of such items shall be refused if the transparent hygienic protection label has been removed, or if the garments show signs of use.

Should the Customer receive defective merchandise, or should errors occur in the items shipped by the Company, it is necessary to contact our customer service by email and await instructions before proceeding with the return. The Company reserves the right to request photographic evidence before authorizing returns for defective or incorrect merchandise and to bear the shipping costs and any import duties for the return of the goods to its premises.

Withdrawal is not permitted in respect of customized products.

Once the warehouse has received and inspected the return and if the latter has satisfied all the criteria set forth in this section and in the Conditions of Sale, you will be refunded within 14 days from the date on which the goods were delivered to the warehouse. It is understood that the Company shall refund only those products that are the subject of the return and that are actually present in the package at the time of inspection, and shall therefore not refund missing products even if they are included in the online return procedure.

7. RETURN SHIPPING AND REFUND

The Company uses different carriers for product returns depending on the countries involved. Through such couriers, by using the pre-printed adhesive label enclosed in the parcel containing the products, the Customer may return the products to the Company without personally making payment of the necessary expenses. This method also makes it possible to verify at any time where each parcel is located, releasing the Customer from any liability in the event of loss of or damage to the products during transport. Should the Customer decide to use, for returning the products, a carrier other than the one indicated by the Company, the Customer must personally pay the necessary costs and shall remain solely liable in the event of loss of or damage to the products during transport, in accordance with the methods and deadlines provided for the exercise of the right of withdrawal. The Company reserves the right to charge shipping costs and any re-import duties to the Customer in the event that the parcel sent is returned to the Company for reasons attributable to the Customer (e.g. Customer not traceable at the indicated delivery address or failing to collect the parcel at the indicated place, etc.). In the event that the Customer disputes non-delivery of the order, the Company shall contact the appointed courier to verify the status of the shipment. If the courier confirms delivery and produces the Customer’s signature on the proof of delivery, the refund request shall be examined by the Company only after receipt of the Customer’s declaration disclaiming the signature.

Following the return of the products, the Company shall carry out the necessary checks relating to their compliance with the conditions and terms set forth herein. If such checks are completed successfully, the Company shall send the Customer, by email, the relevant confirmation of acceptance of the returned products. Regardless of the payment method used by the Customer, the refund shall be made by the Company within 14 days from the date on which it received the goods. In the event that the recipient of the products indicated in the order form does not correspond to the person who made payment of the sums due for their purchase, the refund of such sums, in the event of exercise of the right of withdrawal, shall be made by the Company in favour of the person who made the payment.

Where “standard” shipping was selected at the time of purchase, the return shall be free of charge.

Where “express” shipping was selected at the time of purchase and return via a courier appointed by the Company is chosen, the return cost shall be charged in the amount of €15.00. Such cost shall be deducted from the refund amount.

The refund shall be equal to the cost of the product together with the shipping costs, if paid, (excluding supplementary costs for non-standard deliveries).

8. DISCOUNT CODES

From time to time, at the Company’s discretion, discount codes may be offered to holders of individual accounts or generic promotional discount codes may be offered. Discount codes relating to accounts may be applied only to purchases made through the account for which the discount code was offered and registered, and for the period of time for which they have been granted. Promotional discount codes may apply to all purchases or to specific purchases made through the Site. The methods of use and any limitations applicable to the discount code shall be communicated by the Company in the same message notifying the existence of such discount code.

In the event of payment made, in whole or in part, with a coupon or discount code, the refund in the event of a return shall be made as follows:

• the Company shall calculate the percentage incidence of the coupon or discount code on the total purchase price;
• the Company shall apply the percentage thus calculated to the price of the product(s) subject to return, calculating the corresponding monetary amount;
• the Company shall make the refund by issuing a new coupon or discount code for the portion calculated as set out in the preceding points and through the ordinary refund methods for the remaining portion.

9. PRIVACY

When placing an order through our Site, the Customer provides his/her personal data. The Company shall use such personal data in order to process the order, deliver the goods and provide related services. The Customer’s personal data shall be collected and used in compliance with the terms of the Company’s privacy policy, available in the relevant section and in the Cookie Policy.

10. GOVERNING JURISDICTION AND APPLICABLE LAW

These Conditions of Sale shall be governed by Italian law, without prejudice to any different mandatory overriding provision of the Customer’s country of habitual residence, and in particular by Legislative Decree no. 206 of 6 September 2005 (Consumer Code), with specific reference to the rules on distance contracts, and by Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce.

In the event of disputes relating to an online purchase, we inform our customers that Alternative Dispute Resolution (ADR) procedures may be used. For more information on available ADR bodies and on your rights as consumers, you may consult the European Commission’s website dedicated to consumer dispute resolution: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/alternative-dispute-resolution-consumers_it. Any dispute or claim associated with these General Conditions of Sale shall be subject to the exclusive jurisdiction of the courts of the consumer’s/user’s place of residence. For any further clarification regarding these conditions, the Customer may contact the Company’s customer service.