General Terms and Conditions for Sale
This page (together with the documents referred to on it) describes the terms and conditions under which the products (the "Products") listed on the website www.campione.de (the "Website") are made available to the Customer. Please read these terms and conditions (the "General Terms and Conditions of Sale") carefully before ordering any Products from the Website. These Terms and Conditions apply to all orders accepted and rejected by DGN FASHION GmbH and form an integral part of them, unless expressly waived in the Orders themselves.
To complete your order, you must accept these General Terms and Conditions by clicking the "I Accept" button at the bottom of the order form. Please note that refusal to accept these General Terms and Conditions of Sale will prevent you from ordering the Products through the Website. Upon acceptance of the following General Terms and Conditions of Sale, the Buyer will be referred to as the "Customer" or "Customers."
GENERAL TERMS AND CONDITIONS OF SALE
- ABOUT DGN FASHION GMBH
- www.campione.de is a website managed by DGN FASHION, located at Modering 11, 22457 Hamburg, VAT or tax number DE118567351, commercial register number at the Hamburg District Court HRB 17191 (the “Company” or “DGN FASHION GmbH”).
- CONDITIONS APPLICABLE TO THE CUSTOMER
- By placing an order through the Company's website, the Customer guarantees the following:
- To have legal capacity to enter into binding contracts;
- Be at least 18 years old (in the case of minors who are legally competent under the laws of their country and/or act with the consent of their legal representative or through their legal guardian or have been authorized by their legal representative);
- to purchase products for personal, non-commercial use;
- Any personal data collected by DGN FASHION GmbH will only be used in accordance with the company's "Privacy Policy" on the website.
- EXECUTION OF THE CONTRACT
- The price and key features of each product, as well as the relevant product codes, are listed on the company's website. The information on the website does not constitute an offer from DGN FASHION GmbH.
- Before submitting an order through the Company's website, the Customer must carefully read, in addition to these General Terms and Conditions of Sale, all instructions given during the purchase process (including the conditions of withdrawal, shipping costs and the privacy policy).
- You can place an order on www.campione.de either as a guest or as a registered user.
- To purchase a Product, the Customer must (i) add the selected Product to the "Shopping Cart" by clicking the appropriate button, (ii) complete the order form, (iii) select the payment method, (iv) accept the General Terms and Conditions of Sale and the Privacy Policy, and (v) submit the order form to DGN FASHION GmbH via the Website. Upon completion of the purchase process described above, the Customer will receive an email containing the transaction as proof of purchase of the Products (the "Order Confirmation"). In the event of a return of the Products, the Customer must communicate to DGN FASHION GmbH the Order Confirmation number and the email address used to purchase the Products, as indicated in the Order Confirmation, in accordance with the procedures described in the respective return clauses.
- Submitting an order constitutes a request to purchase the selected product, governed by these General Terms and Conditions of Sale and binding on the Customer, without prejudice to the right of withdrawal. Submitting the order constitutes the Customer's obligation to pay the price of the ordered product(s).
- Any errors and/or changes in the data entered by the Customer in the order application may be confirmed by the Customer before submitting the order application, following the procedure described on the Company's website (e.g., the Customer may change the quantity of Products they wish to purchase by adding or removing one or more of them from their "shopping cart").
- Subject to the use of the data described in the Privacy Policy, the customer's order application and related data may be stored by DGN FASHION GmbH for the period required by law. Furthermore, contracts concluded with customers will be archived by DGN FASHION GmbH for the retention period stipulated by applicable law.
- Even after order confirmation, DGN FASHION GmbH may, at its sole discretion, reject the order within and no later than 30 days if:
- Products are not available;
- There is a suspicion or report of fraudulent or illegal activity, including purchases allegedly made for commercial reasons;
- The customer has not fulfilled his obligations under a previous contract with DGN FASHION GmbH.
- The contract applies only to products for which DGN FASHION GmbH has provided proof of shipment in the order and shipping confirmation.
- Without prejudice to the provisions of Section 3.8, the contract between DGN FASHION GmbH and the Customer shall be concluded as soon as the Customer receives from DGN FASHION GmbH acceptance of the submitted order request using the procedure set out on the Website or by means of the order confirmation.
- Notwithstanding the order confirmation, in the event of unavailability of one or more of the ordered products, the customer will receive an email duly notifying them of such unavailability. In this case, the order will be cancelled or partially accepted only with respect to the available products. In case of partial acceptance, the customer will pay only the price of the available products (or be charged, in the case of payment by credit card).
- The order confirmation will contain a summary of the essential characteristics of the purchased products, a detailed indication of the price and payment methods, information on the conditions and modalities for exercising the right of withdrawal (including information on the exclusion of the right of withdrawal for customized products), information on shipping costs, the address to which you can send complaints, information on support services and existing terms and conditions, as well as a copy of these General Terms and Conditions of Sale.
- PRODUCT AVAILABILITY AND INFORMATION
- Product information (together with product codes) and the corresponding prices can be found on the DGN FASHION GmbH website.
- The products available on the Company's website represent a selection of items normally available at retail outlets; however, DGN FASHION GmbH does not guarantee the Customer that the products on the Website will be available in stores. Furthermore, the Company does not guarantee that the products displayed on the Website are in stock. The images of the products displayed on the Website may not reflect their actual appearance; the Customer therefore relies solely on the description of the products displayed on the Website.
- DGN FASHION GmbH reserves the right to limit the quantities and/or types of products available on the website at any time. The style, patterns, and colors of published products are subject to change without notice. During the purchase process, if the order cannot be processed due to the unavailability of the ordered product, the customer will be informed via an automated response; DGN FASHION GmbH assumes no liability whatsoever towards the customer.
- DGN FASHION GmbH is not liable under any circumstances for errors caused by the customer's inability to connect to the website. Furthermore, DGN FASHION GmbH shall not be liable to the customer, regardless of the reason, cause, nature, or consequences of the damage, under the following circumstances:
- Any damages caused by the suspension or interruption of the operation of the Website;
- Any damage resulting from cyber attacks by third parties on the website that alter the information contained therein.
- TRANSPORT AND DELIVERY
- Except in exceptional cases, the customer's order will be processed within the delivery date specified in the order confirmation or, if no delivery date is specified, within a reasonable period from the date of the order confirmation. This period may in no case exceed 30 days. The delivery date will be determined by the partner selected by DGN FASHION GmbH (Global-E) according to the operators available in the delivery zone and will depend on the delivery address, the type of products, and other relevant factors. The products will be delivered to the address specified by the customer in the order proposal. Deliveries will not be made to:
- mailboxes;
- Accommodation such as hotels, public facilities, airports and ports;
- Natural or legal persons providing freight forwarding services abroad;
- Any other location where DGN FASHION GmbH reasonably determines that the customer’s address is unknown.
- The shipping costs shown separately in the order confirmation are to be borne by the customer.
- The purchased products will be delivered by a courier selected by DGN FASHION GmbH (hereinafter "UPS or DHL") and will be delivered on working days (i.e., excluding Saturdays, Sundays, and local and national holidays) within 30 (thirty) days from the date of order confirmation (except in cases of force majeure or unforeseeable circumstances). If delivery is not made within the aforementioned period, the customer may grant DGN FASHION GmbH an additional period of 7 (seven) days (i.e., the additional period reasonably required by applicable law or the circumstances) to deliver the products by sending a message via the contact form https://www.campione.de/kontaktieren-sie-uns. Failure to comply with the 30-day period or any subsequently extended period shall entitle the customer to terminate the contract, and DGN FASHION GmbH shall be obliged to promptly reimburse all amounts paid by the customer in fulfillment of the contract.
- Upon delivery of the Products by the courier, the Customer (or the designated representative) is obliged to check that:
- The recipient indicated on the delivery note is correct;
- The packaging and closures are intact, undamaged, not wet or altered in any way.
- Any damage to the packaging and/or product, or any discrepancies regarding the recipient's credentials or documentation, must be immediately reported in writing on the courier's delivery note. Except in the cases provided for by law, once the courier's document has been signed by the customer without objection, the customer may no longer raise any objections regarding the external characteristics of the delivered package, without prejudice to their right to subsequently contest other characteristics of the product(s).
- SHIPPING CONFIRMATION
- Once the products have been dispatched, DGN FASHION GmbH will send the customer a dispatch confirmation by email (hereinafter “Dispatch Confirmation”).
- RISKS AND OWNERSHIP
- The risk of loss of or damage to the Products shall pass to the Customer (or to a third party designated by the Customer and other than the courier) when the Customer acquires physical possession of the Product.
- Ownership of the product(s) shall only pass to the customer once DGN FASHION GmbH has received full payment of all amounts due for the products, including shipping costs.
- CONSUMER RIGHTS
- The Customer may terminate the contract for a Product at any time, within 14 calendar days, without giving any reason or incurring any additional costs, from the date on which the Customer received the Product in question (the "Notice Period"). In such a case, the Customer will receive a full refund of the price paid for the Products in accordance with DGN FASHION GmbH's refund policy as set out in Section 10 below. To terminate a Contract, the Customer must notify DGN FASHION GmbH in writing within the Notice Period.
- Without prejudice to the right granted in Clause 9, the right of withdrawal provided for in Clause 8.1 shall not apply to orders for discounted products and, in accordance with the provisions of Article 59(1)(c) of the Consumer Code, as defined below, to customized products, such as those with the engraving of the customer's initials on the product.
- 9. NON-COMPLIANCE
- If a product sold by DGN FASHION GmbH has manufacturing defects or in any case a suspected non-conformity, the customer must contact the online support at the following address: sails@dgnfashion.de
- DGN FASHION GMBH REFUND POLICY
- If the customer wishes to return a product, they can do so by following the instructions in the "Returns" section. (Insert link to https://www.campione.de/de_ide/resi.html)
- If the Customer terminates the contract with DGN FASHION GmbH in accordance with Clause 8 and returns a product in accordance with Clause 10.1, DGN FASHION GmbH, through its Global E-Partner, will issue the refund due to the Customer as soon as possible and in any event within 30 days of the package being returned to the warehouse. In this case, DGN FASHION GmbH will refund the full price of the product (excluding shipping costs) and the costs incurred by the Customer for return shipment.
- The refund policy set out in Clause 10.2 does not apply to the products referred to in the previous Clause 8.2.
- If the customer returns the product in accordance with the previous clause 10.1, claiming that the product is defective as defined in clause 9, DGN FASHION GmbH will examine the returned product and notify the customer of the refund by email within a reasonable time. DGN FASHION GmbH will generally issue the refund due as soon as possible, but in any event within two months from the date on which it confirms to the customer by email that the customer is entitled to a refund for the defective product. The product returned by the customer as defective will be fully refunded, including the shipping costs for shipping the product to the customer and those incurred by the customer for the return shipment. The shipping costs for the first shipment of the product to the customer will only be refunded if this product is not included in a multiple order.
- Please note that in both cases described in clauses 10.2 and 10.4 above, the customer must promptly return all related products to DGN FASHION GmbH in the same condition in which they were received. The customer is legally obligated to take reasonable care of the products while they are in their possession. DGN FASHION GmbH may take legal action against the customer to obtain compensation, and no refund will be issued if:
- There is evidence that the products have been used (e.g., but not limited to: wrinkles, damage, odors);
- The products were originally purchased at a point of sale;
- The products no longer have the label;
- Parts of the products or accessories are missing;
- The packaging materials are missing;
- The delivery note enclosed at the time of shipment of the products is not also returned.
- DGN FASHION GmbH generally refunds any amount received from the customer by crediting it back to the credit card used to purchase the products. Furthermore, if payment was made via PayPal, DGN FASHION GmbH will refund the customer directly to the PayPal account.
- PRICE AND PAYMENT
- Except in the case of obvious errors, the price of the products is that stated on the website. DGN FASHION GmbH strives to update the website promptly to ensure that product information is correct.
- The prices of the products are indicated on the website in euros or in the currency of the customer's country of residence and include all applicable taxes and fees. Shipping costs, if applicable, will be added to the price of the products and will be indicated separately in the shopping cart.
- Prices include VAT
- Prices are subject to change at any time, but changes will not affect orders for which the customer has already received an order confirmation.
- If the pricing error is obvious and unambiguous and could have been recognized as such by the customer, DGN FASHION GmbH is not obliged to deliver the product to the customer at the (lower) incorrect price, even after sending the order confirmation.
- 11.6 The price of the products included in the order proposal and the related delivery costs shall be paid by the Customer using the payment methods provided for each country.
- Transactions will only be charged to the customer’s credit card if:
- The credit card details have been verified;
- The direct debit authorization for the card has been received by the issuer of the card used by the customer;
- Product availability has been confirmed by DGN FASHION GmbH.
- DGN FASHION GmbH shall not be liable in any way for any disputes between the customer and the company that issued the payment instrument (debit card, credit card, digital payments).
- At the time of order submission, no amount will be charged, except for the temporary charge required to verify credit card validity. It goes without saying that once the order is completed, the aforementioned temporary charge will be canceled and replaced with the amount owed by the customer. Furthermore, if the order is canceled, this temporary charge will also be permanently canceled.
- If for any reason it is not possible to calculate the amount owed by the customer within the prescribed period, the contract will not be concluded and the order will be cancelled.
- WRITTEN COMMUNICATIONS
- Applicable regulations require that certain information and communications from DGN FASHION GmbH be provided in writing. By using the website, the customer agrees that communication with DGN FASHION GmbH will primarily be electronic. The company will contact the customer via email or provide information by posting notices on its website. For the purposes of the contract, the customer accepts that communication will be electronic and acknowledges that all contracts, notices, information, and other communications sent to them electronically by DGN FASHION GmbH and its partners comply with the legally required written form. This condition does not affect the customer's statutory rights.
- COMMUNICATION
- All customer communications to DGN FASHION GmbH must be sent via the form in the "Contact" section (link: https://www.campione.de/it_it/contattaci.html) or by email to sails@dgnfashion.de. DGN FASHION GmbH will respond as quickly as possible, using its best efforts.
- DGN FASHION GmbH may send notices to the customer at the email or postal address provided during the order process, or in one of the forms specified in the preceding Clause 12. To prove that a notice has been given, it is sufficient to demonstrate, in the case of a letter, that the letter was correctly addressed, stamped, and sent to the post office, and, in the case of an email, that the email was sent to the recipient's specified email address.
- ASSIGNMENT OF RIGHTS AND OBLIGATIONS
- The contract between DGN FASHION GmbH and the customer is binding for both parties and their respective successors and legal assigns.
- The customer may not transfer, assign, assign or otherwise dispose of the contract or its rights and obligations without the prior written consent of DGN FASHION GmbH.
- DGN FASHION GmbH may transfer, assign, assign, subcontract or otherwise terminate the Agreement or its rights and obligations under the Agreement at any time during the term of the Agreement.
- EVENTS BEYOND THE CONTROL OF DGN FASHION GMBH
- DGN FASHION GmbH shall not be liable or responsible for any non-performance or delay in performance of any of its contractual obligations caused by events beyond its reasonable control (force majeure event).
- A force majeure event includes any act, event, non-occurrence, omission or occurrence that is beyond the reasonable control of DGN FASHION GmbH and includes, but is not limited to:
- strikes, lockouts or other industrial action;
- Civil commotion, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or undeclared), threats of war or preparations for armed conflict;
- Fires, explosions, storms, floods, earthquakes, subsidence, epidemics or other natural disasters;
- Inability to use railways, sea transport, aircraft, motor vehicles or other public or private means of transport;
- Inability to use public or private telecommunications networks;
- Laws, regulations, rules, regulations or restrictions issued by governments.
- The performance of a contract by DGN FASHION GmbH shall be deemed suspended for the period during which the force majeure event continues, and the period for its performance shall be extended by the duration of that period. DGN FASHION GmbH will do everything in its power to stop the force majeure event or to find a solution that enables the fulfillment of its contractual obligations despite the force majeure event.
- WAIVER
- If at any time during the term of a Contract DGN FASHION GmbH fails to insist on the strict performance of any of the Customer's obligations under the Contract or these General Terms and Conditions of Sale or does not exercise any of its contractual rights or remedies, such conduct shall not constitute a waiver of such rights or remedies and shall not release the Customer from the performance of such obligations.
- A waiver by DGN FASHION GmbH of any non-compliance shall not constitute a waiver of any subsequent non-compliance.
- A waiver by DGN FASHION GmbH of any of these General Terms and Conditions of Sale shall only be effective if it is expressly marked as such and communicated to the customer in writing in accordance with clauses 12 and 13.
- PARTIAL INVALIDITY
- If any of these General Terms and Conditions of Sale or any provision of a Contract is found by any competent authority to be invalid, illegal or unenforceable, that term, condition or provision shall be excluded from the remaining terms, conditions and provisions to the extent that the remaining terms, conditions and provisions shall continue to be valid to the fullest extent permitted by law.
- INDIVISIBILITY OF THE CONTRACT
- These General Terms and Conditions of Sale and any documents expressly referred to in them constitute the indivisible agreement between the parties relating to the subject matter hereof and supersede all previous agreements, understandings or agreements, oral or written, between them.
- The parties acknowledge that, by signing any Contract, neither of them has relied on any representation, undertaking or promise made by the other party in the negotiations between them prior to that Contract, unless expressly stated in these General Conditions of Sale.
- The company cannot be held responsible for false statements about the products (and/or their characteristics) if these statements are the result of negligent or intentional conduct by third parties. In this case, DGN FASHION GmbH may refuse the order and will inform the customer of the rejection.
- DGN FASHION GMBH'S RIGHT TO CHANGE THESE GENERAL TERMS AND CONDITIONS OF SALE
- DGN FASHION GmbH reserves the right to revise and amend these General Terms and Conditions of Sale from time to time to reflect changes in market conditions affecting its business, technological changes, changes in payment methods, changes in regulations and relevant legal requirements, and changes in the capabilities of its system.
- The Customer will be subject to the policies and General Terms and Conditions of Sale in force at the time of ordering Products from DGN FASHION GmbH, unless a law or government authority requires changes to those policies or these General Terms and Conditions of Sale (in which case they will apply to orders previously placed by the Customer) or DGN FASHION GmbH notifies the Customer of the change to those policies or these General Terms and Conditions of Sale prior to sending the Dispatch Confirmation (in which case DGN FASHION GmbH has the right to assume that the Customer has accepted the change to the General Terms and Conditions of Sale unless the Customer notifies DGN FASHION GmbH otherwise within seven working days of receiving the Products).
- COPYRIGHT AND TRADEMARK
- All rights to the website content (text, images, videos, voices, programs, etc.) are held by DGN FASHION GmbH, located at Modering 11, 22457 Hamburg, Germany, VAT identification number DE118567351, tax number and commercial registration number of the Hamburg District Court HRB 17191. None of the articles, photos, illustrations, etc. on the website may be used without the prior permission of DGN FASHION GmbH.
- All trademarks and service marks used on the website are owned by DGN FASHION GmbH or are used under official rights, e.g., licensed rights. Unauthorized use is prohibited.
- LEFT
- If you link to the DGN FASHION GmbH website, the company may refuse to allow you to link, depending on the content of the website from which you came and the method used to link to it. Furthermore, DGN FASHION GmbH makes no warranty regarding the content of any linked site and assumes no responsibility for any damages arising from any linked site.
- APPLICABLE LAW AND JURISDICTION
- These General Terms and Conditions and, consequently, the contracts concluded with customers are subject to German law (including Legislative Decree no. 206 of 6 September 2005, "Consumer Code" and, in particular, Chapter I, Title III of Part III, and Legislative Decree no. 70 of 9 April 2003, "Regulation on electronic commerce").
- Any disputes arising from the interpretation, validity and/or execution of these General Terms and Conditions shall be subject to the mandatory territorial jurisdiction of the competent court at the Customer's place of residence or registered office.