Customer area

The sale of products through the www.dekkeroriginal.com website (hereinafter the “Website”) will be executed by Digital Boîte S.r.l. with headquarters in Via Cusani no. 5 – 20121 Milan, Italy, tax code 03796760365, share capital €100,000.00 (hereinafter the “Company”).

Registration No. EPR PT01115282 PACKAGING

Registration No. EPR PT103019 WEEE

Registration No. EPR PT06003380 BATTERIES

The Customer is informed that the goods displayed for sale on the Website are produced by Geo Spirit Srl, with headquarters in Italy, Via Provinciale del Biagioni n. 55 – Altopascio (LU), tax code and VAT no 02263200467, contactable at the following email address privacy@dekkeroriginal.com, which assumes responsibility for it in accordance with current legislation. Anyone placing an order is making an offer to purchase one or more products, subject to the following terms and conditions. Users who access the Website and wish to purchase the products on sale therein may do so only if they are natural persons whose aims are unrelated to any commercial, entrepreneurial or professional activity they may carry out (hereafter the “Customer”).

All orders are subject to availability and order price confirmation.

Shipping times are indicative. These may vary based on the availability of the product in the warehouse, and may in any case be subject to possible delays due to the delivery service or force majeure, for which the Company cannot be held responsible.

If the user does not meet these requirements, the commercial transaction cannot be completed and/or accepted. To conclude a contract with the Company, the Customer must be at least 18 (eighteen) years old and in possession of a valid credit or debit card issued by a bank deemed reliable by the Company, or have legitimate access to a PayPal account.

1. ORDER AND ACCEPTANCE

When the Customer places an order, they will receive confirmation by email. This email is merely a confirmation that the order has been received and does not constitute its automatic acceptance. The contract will not be completed until the Company has sent confirmation by email that the products ordered by the Customer are available and have been shipped. In the event of unavailability of the Product and/or in the event of non-acceptance of the order, the Company will promptly inform the Customer and refund the same if payment has already been made. In this case the Customer will not be entitled to any other compensation or reimbursement. The final contract will include only the goods specified in the confirmation email sent at the time of shipping. The Company reserves the right to refuse Orders from a Customer with whom there is an ongoing or previously existing dispute and/or a dispute relating to a previous Order or from a Customer deemed unsuitable due to previous violations of the Conditions of Sale or involvement in fraudulent activities. When you place an order, you undertake to ensure that all details you provide are true and accurate, that you are authorised to use the credit or debit card to place the order, and that you have sufficient funds to cover the value of the entire purchase.

2. WARRANTIES

Only products bearing the registered trademark “DEKKER” are offered for sale on the Website. The Company does not sell second-hand products, faulty products or products of lower quality than the corresponding market standards. The essential features of the products are shown on each product information sheet. The images and colours of the products offered for sale may not correspond to the actual ones owing to the Customer’s Internet browser and monitor used.

All products sold through the Website 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 which becomes apparent within two years of delivery itself.

In the event of a lack of conformity of the goods, the Customer has the right, free of charge, to have the product brought into conformity by repairing or replacing the goods at their discretion, unless the requested remedy is impossible or excessively onerous compared to the other. In cases provided by law, the Customer has the right to a proportional reduction in price or to terminate the contract.

The right to termination is excluded for minor defects.

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

Following the report, the Company (which may also request the Customer to send photographic documentation by email to support the complained non-conformity) will provide the Customer with instructions for returning the product and, where necessary, will arrange collection by courier. To ensure faster handling of the report, the Customer is invited to attach a copy of the complaint and the order confirmation or invoice to the shipping package.

The verification of the reported defect will be carried out by the Company or by third parties appointed by it.

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 product availability.

If, following the checks, the reported defect does not appear to exist or does not constitute a lack of conformity pursuant to applicable legislation, the Company will notify the Customer, agreeing with the latter on the methods of 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 does not apply to damage resulting from improper use of the product, failure to follow instructions for use, maintenance, or washing, or from causes not attributable to defects in conformity of the product.

In any case, the provisions of the mandatory legislation applicable to consumer protection remain unchanged.

The legal guarantee operates independently of any other commercial guarantee that may be offered. In any case, the action to assert defects expires within twenty-six months of delivery of the goods.

For consumers resident in Ireland, the rights provided for by applicable legislation remain unaffected, pursuant to which actions relating to lack of conformity can be exercised within six years of delivery of the goods.

3. PRICE AND AVAILABILITY

Product prices may be subject to change. The Customer must check the final sale price before submitting the relevant order form. Prices are shown in Euros. Where applicable, the price includes VAT. In the event that, due to an obvious and recognisable material error, the price indicated on the Website is disproportionately lower than the normally known price of the product, the Company reserves the right to cancel the order and not proceed with the shipment, providing a refund to the Customer. In this case, the Customer will be promptly informed by our Customer Service. If applicable, delivery costs will be clearly specified in the summary before sending the order form. The cost of products for the foreign market (outside Italy) may vary depending on the destination country’s trade policies. All prices shown are subject to such changes. The Company reserves the right to activate a specific section of the Website through which to sell products belonging to commercial seasons prior to the current one, applying – where applicable – a particular discount.

4. PAYMENT

Payment can 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 will check the data provided which will result in a pre-authorization of the Customer's chosen payment method to ensure that there are sufficient funds to complete the transaction. Products will not be shipped until this pre-authorisation check has been completed. In the case of credit card payments, the Customer making the payment confirms that they are the holder of the credit card that has been used. Credit cards will be subject to verification and authorisation by the issuer. If the issuer delays or does not authorise payment, the Company will not be liable for any delayed delivery or non-delivery. A pre-charge will then be applied to the Customer’s debit/credit card and the order will be provisionally accepted. The Customer’s credit/debit card will be debited for the actual payment, which includes the purchase price of the products and shipping charges (if applicable) as indicated in the order form, when the final order leaves the Company’s warehouses.

In the case of credit card payments, the Customer’s financial information (for example, credit/debit card number or expiry date) will be sent via an encrypted protocol to the banks providing the remote payment services. Such information will never be used by the Company, except to complete procedures relating to the Customer’s purchase and to issue any refunds in the event that products are returned, if the Customer exercises their right of withdrawal, or if it becomes necessary to prevent fraud on the Website or report it to the relevant authorities. In the case of payments via Scalapay, the Customer will receive their order immediately and will pay in 3 instalments. The Customer acknowledges that the payment of the instalments is made directly to Scalapay IP SpA

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

5. SHIPPING AND DELIVERY

You can view the Countries to which the Company can ship goods purchased on the Website by consulting the "Shipping Countries" section. Purchase requests from countries that do not appear 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. Please go to the “Shipping Times and Costs” section to see a list of shipping and handling rates and terms of delivery. Ownership of the product will transfer upon actual delivery to the Customer: as soon as the Company, through a specially appointed courier, has delivered the goods to the address indicated by the Customer, the latter will become responsible for them, including in the event of any loss or damage suffered by the same. Except in the event of force majeure or unforeseeable circumstances, deliveries will be made within 30 (thirty) days from the date indicated in the order. In the event of failure to deliver within the aforementioned deadline, the Customer will invite the Company to make the delivery within an additional period of time. If this period also expires without delivery being made, the consumer will be entitled to terminate the contract, and the Company will have to reimburse all expenses incurred. The provisions of Article 61, paragraph 4, of the Consumer Code remain unaffected.

For contingent operational reasons, linked to traffic restrictions, particular traffic conditions, staff strikes or other similar circumstances connected to the activity of the appointed carrier, delivery may be carried out, in derogation of what is indicated as the recipient’s address, at one of the authorised collection points (so-called. PUDO – Pick Up and Drop Off) closest to the address indicated by the Customer. In this case, the carrier will notify the Customer and the Company, indicating the specific PUDO where the goods will be available for collection and the related storage methods and times. Delivery to the PUDO will be considered valid for all purposes 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 the goods within this period, the goods may be returned to the Company, with any storage, return or restitution costs to be borne by the Customer, except as provided for by applicable mandatory legislation, including the Consumer Code.

Upon delivery, the Customer must:

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

Any damage to the packaging and/or products or discrepancies in the number of packages or delivery information must be immediately reported to the courier, specifying that the order is accepted "with reservation." Furthermore, the Customer will be required to promptly inform the Company of the problem encountered by providing adequate photographic documentation and a specific signed declaration. Once the courier’s document has been signed without the Customer having raised any objections, in the absence of timely notification to the Company and/or in the absence of adequate photographic documentation, the Customer will not be able to raise any objections regarding the external characteristics of the delivered package or any missing or damaged parts found in the product due to shipping.

6. RIGHT OF WITHDRAWAL AND RETURNS

The Customer has the right to withdraw from the contract, without providing any reason and without any penalties, within 14 days from the date of receipt of the products. The right of withdrawal is considered to have been correctly exercised if the following conditions are met:

• The Customer is required to inform the Company of the decision to withdraw from the contract by means of an explicit written declaration, by completing the online return form or by submitting another written declaration which explicitly states the will to withdraw from the contract;
• The return must be made by carefully following the return instructions provided in the return confirmation email. If you do not receive this email, you can request that it be forwarded to our customer service by email. The Company cannot be held responsible in any way for returns made without following our guidelines.
• If the Customer sends the package via the courier appointed by the Company, he/she must stick the pre-printed and pre-paid label on the original box (or a different but equally sturdy one) so as to cover the initial destination label at his/her address. The box must be delivered to the courier already packaged in such a way as to allow transport without damaging the items inside. The Customer may only send the return from the country where the delivery was made.
• The goods must be shipped to the address indicated on the pre-printed label without undue delay and in any case within 14 days from the day on which the Customer’s withdrawal from the contract is communicated. The deadline will be deemed to have been met if the Customer ships the goods before the end of the 14-day period.
• All returned items are subject to inspection and must meet the parameters listed below. Items must not have been worn, washed or altered and must not show any signs of use. Each item must be returned with all original tags, packaging, and accessories received with the order. Shoes and accessories must be returned with their original box, which is considered an integral part of the product itself and must not have been damaged and/or altered in any way. Underwear must be tried on over your own underwear. Returns of these items will be refused if the transparent hygiene protection label has been removed, or if the items show signs of use.
• In the event that the Customer receives defective goods, or if there are errors in the items shipped by the Company, it is necessary to contact our customer service by email and wait for instructions before proceeding with the return. The Company reserves the right to request photographic evidence before authorising returns for defective or incorrect merchandise and to cover the shipping costs and any import duties for the return of the merchandise to its premises.

Returns are not permitted for customised products.

Once the warehouse has received and inspected your return, and if it has met all the criteria set out in this section and the Conditions of Sale, you will be refunded within 14 days of the date the goods were delivered to the warehouse. It is understood that the Company will only refund returned products that are actually present in the package at the time of inspection. Therefore, it will not refund missing products, even if they are returned online.

7. RETURN SHIPPING AND REFUND

The Company uses different shipping companies to return products depending on the country. Through these couriers, using the pre-printed adhesive label attached to the package containing the products, the Customer can return products to the Company, without having to pay the necessary costs themselves. This method also allows the checking of the location of each package at any time, freeing the Customer from any liability in the event of loss or damage to the products during transport. If the Customer decides to use a shipping company other than the one indicated by the Company to return the products, the Customer will be responsible for paying the necessary costs and will be held liable for any loss or damage to the products during transport, according to the methods and terms established for exercising the right of withdrawal. The Company reserves the right to charge the Customer for shipping costs and any reimport duties if the package sent is returned to the Company for reasons attributable to the Customer (e.g., the Customer cannot be contacted at the indicated delivery address or does not collect the package at the indicated location, etc.). In the event of a dispute by the Customer regarding non-delivery of the order, the Company will contact the courier in charge to verify the shipment status. If the courier confirms delivery and displays the Customer's signature on the delivery receipt, the refund request will be considered by the Company only after the Customer has sent a declaration of disavowal of the signature.

Following return of the products, the Company will carry out the necessary checks on their conformity to the terms and conditions expressed herein. If the checks are concluded positively, the Company will send the Customer, via email, confirmation of acceptance of the returned products. Regardless of payment method used by the Customer, the refund will be made by the Company within 14 days from the date on which they received the goods. If the recipient of the products indicated on the order form is not the same as the person who made the purchase payment; the refund, in the event the right of withdrawal is exercised, will be made by the Company to the person who made the payment.

If you selected “standard” shipping at the time of purchase, returns will be free.

If “express” shipping was selected at the time of purchase and the return is chosen via a courier appointed by the Company, the cost of the return, which amounts to € 15,00, will be charged. This cost will be deducted from the refund amount.

The refund will be equal to the cost of the product plus shipping costs, if paid, (excluding additional costs for non-standard deliveries).

8. DISCOUNT CODES

From time to time, at the Company's discretion, discount codes or generic promotional discount codes may be offered to individual account holders. Account-related discount codes may only be applied to purchases made through the account for which the discount code was offered and registered and for the period of time for which they were granted. Promotional discount codes may apply to all purchases or to specific purchases made through the Website. The methods and any limitations for using the discount code will be communicated by the Company via the same message that will notify you of the existence of the 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 will be made in the following ways:

• the Company will calculate the percentage impact of the coupon or discount code on the total purchase price;
• the Company will apply the percentage thus calculated to the price of the product(s) being returned, calculating the monetary amount;
• The Company will issue a refund by issuing a new coupon or discount code for the portion calculated as per the previous points, and through the standard refund methods for the remainder.

9. PRIVACY

When placing an order through our site, the Customer provides their personal data. The Company will use this personal data to process the order, deliver the goods and supply the related services. The Customer’s personal data will be collected and used in compliance with the terms from the Company’s privacy policy, available in the specific section.

10. GOVERNING JURISDICTION AND APPLICABLE LAW

These Terms and Conditions of Sale are governed by Italian law, without prejudice to any different prevailing mandatory rule of the Customer’s usual country of residence, and in particular by Italian Legislative Decree no. 206 of 6 September 2005 (Consumer Code), with specific reference to regulations governing distance contracts, and by Italian Legislative Decree no. 70 of 9 April 2003 on some aspects concerning electronic commerce.

In case of disputes related to an online purchase, we inform our customers that Alternative Dispute Resolution (ADR) procedures are available. For more information on available ADR entities and your rights as a consumer, you can 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 complaint associated with these General Terms of Sale will be subject to the sole jurisdiction of the court of residence of the consumer/user. For further explanations regarding these terms and conditions, the Customer can contact the Company’s Customer Service department.

In the event of disputes, the consumer may refer the matter to an alternative dispute resolution (ADR) body. The list of organisations available in Portugal can be consulted on the website of the Directorate General for the Consumer. Among these, the consumer can turn to the Consumer Arbitration Court: https://ciab.pt/en/the-ciab/