GENERAL CONDITIONS OF SALE
of the website department5.com
1.1 The General Conditions of Sale published herein shall govern the agreement of sale (hereinafter, for the sake of brevity, the “Agreement”) to users of the website (hereinafter, for the sake of brevity, the “Purchasers” or “Purchaser”), through electronic means, of goods (hereinafter, for the sake brevity, the “Item” or “Goods”) displayed on the website www.department5.com (hereinafter, for the sake of brevity, the “Website”), managed by CATRIA CONFEZIONI SPA – with headquarters in VIA 25 APRILE 7 CAP 61037 MAROTTA DI MONDOLFO (PU) – Italy, VAT No.: 00162040414 (hereinafter, for the sake of brevity, “DEPARTMENT FIVE”).
1.2 The General Conditions of Sale published on the Website shall be viewed and acknowledged by the Purchaser prior to the purchase of an Item; by sending the purchase order, the Purchaser acknowledges having reviewed and accepted said conditions.
1.3 Moreover, Purchasers will benefit from the protection provided for in the event of entering into distance agreements pursuant to Title III, Section II, of the Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”), as well as all further statutory protections set out for Purchasers under the same Consumer Code http://www.codicedelconsumo.it/.
1.4 The sections “Shipping and Delivery”, “Returns and Exchange”, “Payment” on the Website shall be considered to be an integral and substantial part of these General Conditions of Sale.
2. Conclusion of the Agreement
2.1 In order to purchase Goods, the Purchaser shall send their purchase order and carry out payment according to the procedures described in the relevant sections.
2.2 In particular, the steps to proceed with a purchase are as follows:
a) the Purchaser may have free access to the Website and view the main features of the displayed Goods, including their price, as well as the images published to illustrate the Goods themselves;
b) the Purchaser can select one or more Goods which he/she intends to purchase, by including them in a virtual “shopping cart”. The contents of the shopping cart can always be viewed by the Purchaser prior to placing the order; moreover, by accessing the shopping cart, the Purchaser can find out, before buying and paying, any information related to the purchase of the Goods, including shipping charges and estimated delivery times;
c) to make the purchase, the Purchaser shall register on the site, by providing their e-mail address and choosing a password, which will allow them to access the Website;
d) as an alternative to the Website registration, the Purchaser will be able to make the purchase as a guest. In this case, the data required to complete the order will be kept in DEPARTMENT FIVE database only for the period of time necessary for the execution of the order, and the Purchaser will be asked to enter the same data for each new order;
e) in order to complete the order, the Purchaser shall also enter the shipping address and data required for payment in the “shopping cart” section;
f) the Purchaser may change the selected Goods and data entered up until the final submission of the order
2.3 The Purchaser can make payment by credit card or via Paypal
2.4 Once the purchase order has been received, DEPARTMENT FIVE will send an order confirmation receipt to the Purchaser’s e-mail address containing a summary of the information in relation to the purchase and will proceed with the order itself. In any case, the order shall be deemed to be accepted and, consequently, the agreement shall be deemed to be concluded when the Purchaser receives the order confirmation in his/her e-mail account.
2.5 The Agreement will be filed in .pdf format and sent using the registered e-mail address; it will also be stored electronically by DEPARTMENT FIVE.
3. Rights and Obligations of the Parties
3.1 DEPARTMENT FIVE will carry out the delivery of the Goods to the address provided by the Purchaser in the purchase order, using a dedicated carrier. More in-depth information regarding the shipping timeframes, costs and locations can be found in the “Orders & Shipping” section of the Website.
3.2 DEPARTMENT FIVE assumes no responsibility for any errors in delivery due to inaccuracies or incompleteness when filling in the purchase order by the Purchaser, or for any damage incurred by the Goods after delivery by the carrier, or for any delivery delays caused by the carrier, weather conditions, international customs issues or by other circumstances which are beyond DEPARTMENT FIVE’s control.
3.3 In the event that one or more Goods are unavailable, DEPARTMENT FIVE will notify the Customer by sending an e-mail to the e-mail address he/she provided at the time of registering on the Website. In this case, DEPARTMENT FIVE will refund the Customer – by crediting the Purchaser’s payment card provided for purchase – for the sale price and also, where the purchase relates only to the one Item which is unavailable, the shipping costs.
3.4 In any event, the unavailability of one or more Goods ordered shall not provide grounds for cancellation of the entire order by the Purchaser.
3.5 At the time of delivering the Goods by the courier service responsible for their transport, the Purchaser shall check, in the presence of the courier:
a) that the packaging used to transport the Goods is undamaged and not tampered with, even only in the materials used to seal the Goods;
b) that the quantity and type of Goods ordered is as indicated in the delivery note and order.
3.6 Should the Purchaser find any irregularities or discrepancies, he/she must immediately notify the carrier upon delivery of the Goods.
3.7 The Purchaser is solely responsible for the accuracy and correctness of the information and data he/she provides to DEPARTMENT FIVE and shall undertake to promptly notify them of any changes in the previously provided data.
4. Conformity of the Goods
4.1 DEPARTMENT FIVE shall undertake to ensure that the description and/or photographic representation of the Goods on the Website are as faithful as possible to the Goods themselves.
However, given the fact that the image quality may depend on the IT tools used by the Purchaser, the Purchaser’s perception of the description or photographic representation of the Goods may not correspond exactly to the Goods themselves; therefore, the images and videos accompanying the presentation of the Goods must be published on the Website as a mere description.
4.2 In the event that the Goods delivered are found to be faulty or different from the Goods ordered, DEPARTMENT FIVE shall undertake to provide the Customer with a legal guarantee of conformity, to be effective under the terms and conditions pursuant to Articles 128 et seq. of Legislative Decree No. 206/2005. In particular, the Purchaser shall have the right to request, as an alternative:
a) the delivery of Goods which are identical to those ordered according to stock availability, or
b) the delivery of equivalent Goods in quality and price according to stock availability, or
c) the refund of the price of the Goods and shipping costs.
4.3 The guarantee provided for in this article shall apply only when the Goods have been handled with due diligence and in accordance with their intended purpose, as well as upon the Purchaser presenting the delivery note received and order number.
4.4 In any case, the guarantee referred to in this article shall not apply with regard to defects resulting from the Item’s normal wear and tear.
5.1 In accordance with the provisions of the Consumer Code, the Purchaser is entitled to withdraw from the agreement without paying penalties and without specifying their reasons, starting from the receipt of the order confirmation sent by DEPARTMENT FIVE and within fourteen working days from receipt of the Goods.
5.2 Should he or she wish to exercise this right of withdrawal, the Purchaser shall send the relevant notification to DEPARTMENT FIVE within said period of 14 working days from the date of delivery of the Goods.
5.3 In the case of exercising this right of withdrawal, the Purchaser is also obliged to return the Item(s) to DEPARTMENT FIVE no later than two weeks from the sending of said notification.
5.4 More in-depth information concerning the procedure and instructions to be followed to exercise the right of withdrawal and related expenses can be found in the “Returns and Refunds” section of the Website.
5.5 An essential condition to exercise the right of withdrawal will be the substantial integrity of the product being returned. It is sufficient that the Goods be returned in a normal state of preservation, being safeguarded and, where necessary, handled using normal diligence.
5.6 In particular, the Goods must be returned:
a) properly packaged in their original packaging, in perfect condition for resale (not ruined, damaged or dirtied) and with all accessories and documentation where present;
b) bearing the delivery note (found in the original packaging), to allow DEPARTMENT FIVE to identify the Purchaser (Order number, name, surname and address);
c) without manifest signs of use, apart from those associated with the performance of a normal test of the Item.
They should not bear any traces of prolonged use (over several minutes), exceeding the time required for a trial and shall not be in a condition that does not allow them to resold.
5.7 The costs of returning the Goods shall be borne by the Purchaser, as specified more clearly in the “Returns and Exchange” section of the Website.
5.8 As a result of the Purchaser exercising his/her right of withdrawal in accordance with these General Conditions of Sale, DEPARTMENT FIVE shall refund the customer for the same amounts paid by crediting the payment card or checking account provided for the purchase. The refund shall take place within 14 days from the date when DEPARTMENT FIVE is made aware of the Purchaser’s exercise of the right of withdrawal.
5.9 Where the Purchaser fails to comply with the conditions laid down in Article 5.5 and 5.6, the Seller reserves the right to deduct an amount corresponding to the decreased value of the returned Goods from the refund of the amounts paid by the Purchaser, giving proper notice to the Purchaser.
Following this communication, the possibility remains for the Purchaser to regain, at his/her own expense, the products in the condition in which they were returned to the Seller.
6. Protection of personal data
6.1 DEPARTMENT FIVE undertakes to respect the confidentiality of personal information collected when registering on the Website and/or provided at the time of purchase by the Purchaser, and to process it in accordance with the rules laid down under Legislative Decree. 196/03.
7.1 DEPARTMENT FIVE reserves the right to modify, at any time, the present General Conditions of Sale.
7.2 The General Conditions of Sale applicable to the sale of each Item will be those published on the Website on the date of the order of the Item itself. The Purchaser, therefore, must read and agree to the General Conditions of Sale before making any purchase.
7.3 Should any provision of these General Conditions of Sale be deemed void or invalid, the present General Conditions of Sale shall, in any case, remain valid and effective in the remaining parts.
7.4 DEPARTMENT FIVE’s mere tolerance or failure to dispute any non-compliance by the Purchaser with the information contained in the General Conditions of Sale shall not be interpreted as tacit acceptance of such non-fulfilment, nor as a desire to waive the provisions agreed between the parties.
8.1 For any communication and/or request for assistance and/or complaints relating to the Goods purchased, the Purchaser may contact DEPARTMENT FIVE at the addresses indicated in “Contacts” section of the Website.
9. Applicable Law and Settlement of Disputes:
9.1 The present General Conditions of Sale are governed by Italian law and shall, therefore, be interpreted and enforced accordingly.
9.2 Any dispute relating to this contract will be the exclusive responsibility of the Court of Pesaro. For everything not provided for by this contract, the current regulations on the subject are considered here.
Summary Window prior to Order Acceptance:
Products purchased on this Website are sold directly by CATRIA CONFEZIONI SPA – with headquarters in VIA 25 APRILE 7 CAP 61037 MAROTTA DI MONDOLFO (PU) – Italy, VAT No.: 00162040414 (hereinafter, for the sake of brevity, “DEPARTMENT FIVE”). You will also find information about orders and shipping, refunds and returns of products purchased on this Website in the “Returns and Exchange” section of the Website.
You have the right to withdraw from the contract concluded with DEPARTMENT FIVE without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on this site. To withdraw from the contract you must request a refund in the appropriate section of the site once logged in with your account.
The right of withdrawal being properly exercised shall depend on the following conditions also being met:
a. The Return Form and security seal must still be intact and attached to the returned items. They must not be removed or cut in any way.
b. The items articles must not have been worn, washed or altered in any way and must not show any sign of use. The soles of footwear must be in perfect condition and must not be marked in any way.
c. Items must be returned with all original tags, packaging and other accessories (bags, hangers, garment bag, etc.) that were received with your order; the returned products must be delivered to the forwarding agent within fourteen (14) days starting from when you notify DEPARTMENT FIVE of your decision to withdraw from the agreement.
The shipping costs for the return of items are customer exchange.
Any customs charges shall also be paid by the customer.
CONDITIONS OF WEBSITE USE TRADE POLICY
The Website www.department5.com is managed by CATRIA CONFEZIONI SPA – with headquarters in VIA 25 APRILE 7 CAP 61037 MAROTTA DI MONDOLFO (PU) – Italy, VAT No.: 00162040414 (hereinafter, for the sake of brevity, “DEPARTMENT FIVE”).
Access and navigation of the website www.department5.com are governed by these Conditions of Use, so by accessing and browsing the website www.department5.com, users shall agree to comply with such Conditions.
Access to the Website and its services is intended solely for personal use unrelated to any commercial, business or professional activity.
The site and its contents (by way of example and not limited to: the works, images, pictures, dialogues, music, sounds and videos, documents, drawings, figures, menus, webpages, graphics, colours, patterns, tools, fonts and website design), as well as the trademarks and distinctive signs used by DEPARTMENT FIVE in connection with the sale of goods, are protected by intellectual property regulations. Consequently, it is forbidden to reproduce, communicate, distribute, publish, alter or change, in any way or for any purpose, the Website content, trademarks and distinctive signs used by DEPARTMENT FIVE unless expressly authorised.
The user is solely responsible for his/her use of the Website and its content, and is solely responsible for the safeguard and proper use of his/her personal information, including the credentials used to access the Website and any harmful consequences that may result from incorrect use, loss or theft of such information.
Excluding liability for intent and gross negligence, DEPARTMENT FIVE assumes no liability for use of the Website and its content by the user that does note comply with current regulations, nor for providing incorrect or fake information, or data that pertains to third parties without the express consent of the latter.
DEPARTMENT FIVE assumes no liability in relation to the malfunctioning of the Website or to damages caused to the user by using the Website, which are not causally related to DEPARTMENT FIVE.
DEPARTMENT FIVE publishes information on its website in order to provide a service to users; however, it is not liable for any technical inaccuracies and/or typographical errors. When reported, DEPARTMENT FIVE will immediately make any corrections.
DEPARTMENT FIVE makes no guarantee that the information published on its website complies with the laws of the relevant jurisdiction applying to the user.
The website is a secure website according to international Internet standards; therefore, the user’s device will not be affected by any viruses while browsing when this is carried out properly. However, DEPARTMENT FIVE shall not be liable for any problems, damages, viruses or risks which the user may incur during improper use of the website, and shall not be liable for any malfunction of the website due to the deactivation of cookies in the user’s browser.
Users must agree to the terms and conditions of this legal notice, and must periodically visit this page for any updates, changes or corrections.
DEPARTMENT FIVE reserves the right to make corrections and changes to the website, as well as to change the terms and conditions of use of the Website where necessary without notice.
The offer and sale of products on the website www.department5.com are governed by the conditions set out in the paragraph General Conditions of Sale.
DEPARTMENT FIVE sells its own products and carries out its e-commerce activities exclusively to end-users who are “consumers”.
“Consumer” shall be taken to mean any natural person who operates on www.department5.com for purposes unrelated to entrepreneurial, business, craft or professional activities.
In view of its trade policy, DEPARTMENT FIVE reserves the right not to follow up on orders from persons other than “consumers” or, in any case, orders that do not comply with its trade policy.
In particular, to make orders on the Website, Customers must: – be consumers – be over 18 years old – qualify to enter into a legally binding contract – have a valid POP e-mail address – have a valid credit card: Visa, American Express, MasterCard or Paypal.
On www.department5.com, only brand name and top-quality products are offered for sale.
The main features of the products are presented on www.department5.com inside each product description.
DEPARTMENT FIVE shall undertake to ensure that the description and/or photographic representation of the products are as faithful as possible to the products themselves.
However, given the fact that the image quality may depend on the IT tools used, the perception of the description or photographic representation of the products may not correspond exactly to the products themselves; therefore, the images and videos accompanying the presentation of the products must be published on the Website as a mere description.
Data of the credit card will be sent to the online banking protected system provided by STRIPE.COM DEPARTMENT FIVE.COM accepts payment through the following networks: Visa, Mastercard, American Express and Maestro.
SECURITY OF THE CREDIT CARD
In order to receive further protection on e-commerce transactions, DEPARTMENT FIVE.COM suggests to activate the PIN codes of security given by Verified by Visa and SecureCode by Mastercard. For further information, DEPARTMENT FIVE.COM invites customers to visit the websites www.visa.com andwww.mastercard.com.
CHARGE OF CREDIT CARD
If funds are sufficient and data correctly inserted, the transaction will be automatically authorized.
Customer will then receive an email of the order confirmation.
The amount authorized is temporarily blocked on deposit as a request of payment; the amount is then settled the following working day, while processing the order (shipment of the order or deposit invoice for pre-orders).
DEPARTMENT FIVE.COM would like to inform new customers that DEPARTMENT FIVE.COM reserves the right to request a check on the transaction to the bank. Such check might cause delays in the order processing.
Also, DEPARTMENT FIVE.COM may require that the merchandise will be shipped to the billing address of the order, when different from the shipping address.
Prices and Currency
Prices published and final invoices will be in Euro (EUR) for all the shipping countries.
DEPARTMENT FIVE.COM kindly suggests customers to contact their bank and be advised about the value of the price’s conversion and about the bank commissions related to the transaction.
Credit cards will be charged in Euro (EUR), and the final price will be calculated and charged by applying the exchange rate specific of the day of the transaction.
Customers who have received a PROMO CODE via newsletters, social networks or on compliant promotional websites may enter the code when purchasing the order or during the checkout. Each code has a validity start and end date restricting its use, which cannot be extended.
DEPARTMENT FIVE reserves the right to refuse an order in the event that STRIPE.COM does not receive approval from the customer’s bank. Once an order of available products has been placed, it is not possible to make changes to said order. Orders placed separately will be dispatched separately. DEPARTMENT FIVE reserves the right to delay a shipment if the order cannot be shipped for reasons beyond DEPARTMENT FIVE’s control. Please note that during sales and promotions, there may be delays in delivery. DEPARTMENT FIVE reserves the right to refuse to process any order and/or service at any time.