Terms of Sale

Duelegs Srl is the owner of the SlimCell trademark and holder of the rights of use over the domain, logos, trademarks, copyrights applied to the Site.

 

1. Scope of application


The offer and sale on the Site of the Products constitute a distance contract governed by Legislative Decree No. 70 of 9 April 2003, containing the regulation of electronic commerce (e-commerce) and by Articles 45 et seq. of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") as amended and
supplemented. The applicable Conditions of Sale are those in force on the date of transmission of the purchase order. They may be amended at any time. Any amendments and/or new conditions shall be in force from the time of their publication on the Site. The placing of an order implies the express acceptance of the Terms and Conditions of Sale. These Terms and Conditions of Sale do not regulate the sale of products and/or the provision of services by parties
other than Duelegs Srl that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such parties it is necessary to check their terms and conditions of sale. Duelegs Srl is not responsible for the provision of services and/or the sale of products by such
subjects. Duelegs Srl has no control and/or monitoring over the web sites that can be consulted through such links. Duelegs Srl is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law on their part.


2. Purchases
The purchase of Products on the Site is only permitted to persons who have reached the age of 18. The purchase of Products on the Site is permitted only to customers who are consumers within the meaning of Article 3(I)(a) of the Consumer Code.
The purchase of Products on the Site may take place with or without registration on the Site. Registration with the Site enables customers to carry out the following activities:


- consult the status of your order online and check the 'history' of the orders you have placed (in particular, by clicking on the number of each order placed, you can check the full details of the order, including product details, shipping address and billing address);


- manage their delivery addresses;

- make an online return.


In addition, by accessing your personal area ('My Account'), you can always:


- manage your personal profile information (in particular, you can change your password for access to the restricted area);

- change shipping address data and/or add new shipping addresses;


- change the status of one's subscription to the Newsletter.

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The Customer warrants that the personal information provided during the Site registration procedure is complete and truthful and agrees to hold Duelegs Srl harmless and indemnified from any damage, indemnity obligation and/or sanction arising from and/or in any way connected to the Customer's violation
of the Site registration rules or on the preservation of registration credentials. The Site is reserved for retail sales. Under no circumstances may resellers, wholesalers or, in general, all those who intend to purchase Products for the purpose of subsequent resale, make purchases on the Site.
Duelegs Srl builds its commercial offer not only on the goods in its own warehouses, but also on the basis of the availability communicated by its suppliers. The Site is constantly updated automatically in order to guarantee maximum correspondence between the availabilities communicated by suppliers and those
indicated on the Site. However, it may happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order. In this case, the Customer shall be promptly informed by e-mail and shall therefore be entitled to terminate the contract immediately. The Customer who has already made payment shall be promptly reimbursed the total amount paid, including delivery charges and any other costs. Possibly incurred, in connection with the order itself ("Total Amount Due").



3.Information directed to the conclusion of the contract
In accordance with Legislative Decree No. 70 of 9 April 2003 laying down provisions on electronic commerce, Duelegs Srl informs the Customer that:


- In order to make a purchase of one or more Products on the Site, the Customer shall fill out an order form in electronic format and send it to Duelegs Srl, electronically, following the instructions that will appear on the Site from time to time;

- before proceeding to the transmission of the order form, the Customer may identify and correct any errors in data entry by following the instructions from time to time indicated on the Site and which will accompany the different stages of the purchase; he/she must also accept the Conditions of Sale.

The contract is concluded when the order form reaches the server of Duelegs Srl.
Once the order form has been registered, Duelegs Srl shall send the Customer, at the e-mail address indicated, an "Order Confirmation" e-mail containing:
information on the essential characteristics of the product purchased, details of the price, the selected means of payment, any delivery charges.
The order form shall be stored in the Duelegs Srl data bank for the time necessary for its execution and, in any case, within the terms of the law.
 
4. Product Availability
The information sheet for each Product ('Data Sheet') will contain information on the availability of the Product. Due to simultaneous purchases on the Site, it is possible, for technical reasons, that the Product may no longer be available after the order has been placed. In any case of unavailability of the ordered Product, without prejudice to the rights attributed to the Customer by law, Duelegs Srl shall immediately notify the Customer by e-mail. The Customer shall then be entitled to terminate the contract immediately, without prejudice to the right to compensation for damages. In the event that the Customer avails him/herself of the aforementioned right of termination and the payment of the Total Amount Due has already been made, Duelegs Srl shall refund the Total Amount Due without undue delay and, in any case, within 14 days of the termination of the contract. The amount of the refund shall be communicated to the Customer by e-mail. Such amount shall be credited to the same means of payment used by the customer for the purchase, in accordance with the provisions of the 'Payment Method' section.
 
5. Multiple order
In the case of orders involving several Products ("Multiple Order"), should the unavailability of only some of the Products covered by the Multiple Order

- without prejudice to the rights attributed to the customer by law and without prejudice to the application of the preceding paragraphs, should the unavailability of all the Products covered by the order

- Duelegs Srl shall immediately inform the Customer by email.

The Customer shall, therefore, be entitled to immediately terminate the contract, limited to the Product and/or Products that have become unavailable, without prejudice to the right to compensation for damages. In the event that the Customer avails himself of the right of termination, the purchase contract concerning the Product(s) and/or the Products included in the Multiple Order and which have become unavailable shall be partially terminated, limited to such Product(s), with the consequent reimbursement, if already paid, of the amount due in respect of such Product(s) (Partial Amount Due). The termination of the entire Multiple Order shall only be possible in the event that the Multiple Order Product(s) become unavailable in relation to the other available Multiple Order Product(s). The Partial Amount Due in respect of the Product(s) which have become unavailable shall be reimbursed to the Customer without undue delay and, in any event, within the term of 14 days from the termination of the contract. The amount of the refund will be communicated to the customer by e-mail. This amount will be credited to the same means of payment used by the customer for the purchase, in accordance with the provisions of section "Payments".
 
6. Product Information
Each Product is accompanied by a Technical Data Sheet that illustrates its main characteristics based on the information provided by the manufacturers of the goods. Duelegs Srl, reserves the right to modify the Technical Data Sheets without prior notice. In the event of variations in the production batches, the textile compositions of some Products may vary slightly from those indicated in the Data Sheet. For further information, please use the contact form available in the "Contacts" section. Duelegs Srl shall do its best to ensure that the Product images published on the Site, accompanying the Product Data Sheet, represent as faithfully as possible the Products offered for sale. However, the colours of the Products may differ from the real ones due to the settings of the computer systems or computers used by the users to view them. The Product images in the Data Sheet may also differ in size or in relation to any accessory products. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the Customer shall prevail, since the images are merely illustrative. The Site may also contain general purchase support information of a general nature, such as that present, by way of example, in the "Size" table. Such information is intended as mere generic information material, not referring to the real characteristics of a single product. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the Customer shall be authentic. The products will have an identification tag attached with a disposable seal.
 
7. Prices
All prices published on the Site are in Euros and are inclusive of VAT. Duelegs Srl reserves the right to change the price of the Products, at any time and also, if necessary, several times during the same day. The price charged to the Customer shall be the price indicated on the Site at the time the order is placed, and no account shall be taken of any variations thereafter.
 
8. Purchase Orders
In the "Order Confirmation" email, the Customer shall find the 'Customer Order Number', which he/she shall then use in any subsequent communication with Duelegs Srl, as well as a summary of all Customer data entered in the order. The Customer undertakes to verify its correctness and to promptly notify any corrections through the Customer Service, which can be contacted by accessing the "Contacts" section of the Site. The Customer who has made a purchase with registration may access his "View Order" and check its status via the "My Orders and Returns" section of the Site. Duelegs Srl reserves the right to refuse orders that come from a Customer with whom it has an ongoing legal dispute; from a Customer who has previously violated the conditions and/or terms of the purchase contract with Duelegs Srl; from a Customer who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; Duelegs Srl also reserves the right to refuse orders coming from Customers who have provided false, incomplete or in any case inaccurate identification data.
 
9. Payment Methods

Payment for Products purchased on the Site can be made by various payment methods:
Cards (Credit, Debit and rechargeable cards of the Visa, Vpay, Mastercard and Maestro circuits, in accordance with Nexi Merchant Regulations).
Paypal
Apple Pay
The payment methods actually available to the Customer in relation to the individual Product shall in any case be specifically indicated during the purchase procedure. In all cases of termination of the contract and consequent cancellation of the order, prior to the actual debiting of the card, we shall request the release of the committed amount through the banking systems. Release times depend exclusively on by your card issuer. For further information, please refer to the Payments section


10. Modalities, costs and delivery terms

Delivery of the Products is made in Italy to the shipping address indicated by the Customer in the order form. Orders containing a shipping address outside these borders will be cancelled and the total amount due will be refunded, if already paid. Furthermore, delivery shall not be made to so-called "free zones", including, by way of example, the localities of Livigno, Campione d'Italia nor to post office boxes or post offices. In the event that the delivery address is at a post office box or a post office in one of the aforementioned localities, Duelegs Srl shall terminate the contract pursuant to and in accordance with art. 1456 of the Italian Civil Code and refund the total amount due, if already paid. If in doubt about the destination, the customer is invited to ask for information by contacting CustomerService info@duelegs.com .
The delivery obligation is understood to be fulfilled by transferring the material availability or, in any case, the control of the Products to the Customer. The risk of loss of or damage to the Products, due to causes not attributable to Duelegs Srl, on the other hand, shall be transferred to the Customer when the Customer or a third party designated by the Customer and other than the carrier, materially takes possession of the Products.
Delivery costs are borne by the customer for purchases of less than EUR 50.00, unless there are active promotions providing free delivery for purchases of less than EUR 50. All products are shipped from Italy. The amount (including VAT) of the delivery costs will be expressly and separately indicated in the order summary during checkout. This amount shall finally be indicated in the "Order Confirmation" e-mail. In the order summary and, therefore, before the Customer proceeds to transmit the order, the total price of the order will be indicated, with a separate indication of the delivery costs.
This total, which will also be indicated to the Customer in the 'Order Confirmation' e-mail, will constitute the total amount due from the Customer in respect of the order.
For the issuance of the Order Receipt, the information provided by the Customer when transmitting the order via the Site and which the Customer warrants to be true shall be deemed to be true. After the issue of the Order Receipt, no changes to the same shall be possible. The delivery of what has been ordered is intended to be at street level, unless otherwise communicated by the Customer Service of Duelegs Srl. The customer is advised to check, at the time of delivery, that the number of packages delivered corresponds to the number indicated in the transport document; that the packaging is intact, undamaged, not wet or in any way altered; that the sealing materials (adhesive tape or plastic bands) have not been tampered with in any way. The Customer is also invited, in his or her own interest, to report any damage to the packaging or the mismatch in the number of packages by affixing "WRITTEN CHECK RESERVE" and specifying the reason for the reservation (e.g. "punctured packaging", "crushed packaging", etc.) on the courier's proof of delivery.
Receipt of the Products without reservation does not entitle the Customer to take legal action against the courier in the event of loss of or damage to the Products, except where the loss or damage is due to wilful misconduct or gross negligence on the part of the courier and except for partial loss or damage not recognisable at the time of delivery. In the latter case, however, the damage must be reported as soon as it is known and no later than eight days after receipt. This is without prejudice, in any case, to the application of the rules on the right of withdrawal and the legal guarantee of conformity.
The Customer is obliged to indicate any particular characteristics relating to the place of delivery of the Product and/or its location. In the event that he/she fails to provide such information or provides incorrect information, he/she shall bear any additional costs that Duelegs Srl may incur in order to complete delivery of the Product. The Customer acknowledges that collecting the Product is his precise obligation under the purchase contract. In the event of non-delivery due to the absence of the addressee at the address specified in the order form, the package shall be "in storage". In the event of failure to collect the Product, Customer Service shall in any case contact the Customer in an attempt to reschedule the delivery. In the event of no response from the Customer, the contract shall be considered terminated and the purchase order consequently cancelled. Once the contract has been resolved, Duelegs Srl shall proceed to reimburse the total amount paid by the Customer, minus the cost of the unsuccessful delivery of the Product, the cost of returning the Product to Duelegs Srl and any other expenses incurred. The delivery terms shall run from the date of transmission of the order, unless otherwise specified. In the case of Multiple Orders, all Products included in the Multiple Order shall be delivered simultaneously; the delivery term, in such case, shall be the longer of the delivery terms for each Product included in the Multiple Order, as indicated during the purchase process, before the customer transmit the order. The delivery term of the specific order (single or multiple) shall also be indicated in the Order Registration Confirmation e-mail. In the event that the delivery term is not indicated, it shall in any case take place within 30 (thirty) days from the date of conclusion of the contract. In any case, at the time Duelegs Srl entrusts the shipment to the courier, the Customer shall be notified by an e-mail from the courier containing delivery details and the relevant tracking number.
 
11. Right of Withdrawal
You may return your Product ("Returned Product") for any reason whatsoever, without penalty, by notifying us within 14 days of delivery of your order ("Withdrawal Period") as provided by Italian law. The Withdrawal Period begins:

- in the case of an order for a single Product, from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last Product.
- in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the last lot or piece.
The Right of Withdrawal is subject to the following conditions:
It applies to the purchased product in its entirety; it cannot be exercised in relation to parts and/or accessories of the Product;
The substantial integrity of the goods is an essential condition for exercising the right of withdrawal.
The Product must be looked after with normal diligence and returned intact, complete in all its parts, without signs of wear or dirt, and must not have been used, worn, washed or damaged;
The right of withdrawal does not apply in the case of the supply of goods that are tailor-made or clearly customised or that, by their nature, cannot be returned or are liable to deteriorate or alter rapidly;
The returned product must be returned in its original packaging complete in all its parts (including the identification tag, which must still be attached to the products with the disposable seal, and the undamaged barcode labels, they form an integral part of the product);
In order to limit damage to the original packaging, we recommend placing it in a second box, on which we affix the label provided by us.
In the case of Products falling within specific promotions (e.g. 3X2, 4+1, multiple packs at a special price, etc.), the right of withdrawal may also be exercised by returning only some of the Products in the promotion: in this case the price of the Product actually returned will be refunded paid and as shown in the purchase receipt, with shipping costs charged.
11.1 Breach of the Right of Withdrawal
In the event that the withdrawal is not exercised in accordance with the provisions of the applicable legislation and, in particular, in the event that the returned Product is not intact in all its parts and/or accompanied by its accessories and/or elements that are an integral part of it (e.g. identification tag, disposable seal, hangers, belts, manuals, packs, labels ...), it shall not result in the termination of the contract and, consequently, shall not entitle the Customer to a refund of the amount paid by the Customer for the Product. Duelegs Srl shall inform the Customer by e-mail within 10 (ten) working days from receipt of the returned Product in the warehouse, rejecting the request for withdrawal. If the returned product has already been received by Duelegs Srl, it shall remain at the latter's warehouse at the Customer's disposal for collection at the Customer's expense and responsibility. The Customer is obliged, before confirming the return request, to read and accept these online conditions. Submitting a return request implies full knowledge and express acceptance of both the online conditions and the return request.
11.2 Modalities of Reimbursement
If the right of withdrawal is exercised by you in accordance with the above conditions, we will refund you within 14 days of receipt of the returned product at our warehouse. Refunds will be made by reversing the debit transaction through the same means of payment used for the purchase of the Products. If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment for their purchase, reimbursement shall be made, in any event, to the person  who made the payment. Duelegs Srl shall proceed to refund the sums paid by the Customer for the Returned Product alone without undue delay.
 
12. Legal Warranty of Conformity

All products sold on the Site are covered by the Legal Guarantee of Conformity provided for in Articles 128 - 135 of Legislative Decree No. 206/2005 ("Consumer Code") ("Legal Guarantee") for purchases made by Consumers. The Legal Warranty is reserved for consumers. Therefore, it only applies to Customers who have made a purchase on the Site for purposes unrelated to their entrepreneurial, commercial, handicraft or professional activity. The Vendor Duelegs Srl shall be liable to the consumer for any lack of conformity that exists at the time of delivery of the product and which becomes apparent within 2 (two) years from such delivery. The conformity defect must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
In order to benefit from the Legal Guarantee, the Customer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the Customer, for the purposes of such proof, to keep the order receipt, or any other document that can attest to the date of making of the purchase. In the event of a conformity defect duly reported within the terms, the Customer shall be entitled without additional charge:

- in the first instance, to restore, free of charge, the conformity of the goods by repair or replacement, at its option, unless the remedy sought is objectively impossible or excessively expensive compared to the other;
- as a secondary remedy (i.e. where repair or replacement is impossible or excessively expensive, or where repair or replacement has not been carried out within a reasonable period of time, or where repair or replacement previously carried out caused significant inconvenience to the consumer) to reduce the price or to rescind the contract, at the consumer's option.
The remedy sought is excessively onerous if it imposes unreasonable expenses on the seller in comparison with the alternative remedies available, taking into account the value that the goods would have if there were no lack of conformity, the extent of the lack of conformity and whether the alternative remedy can be effected without significant inconvenience to the consumer. In the event that a product purchased on the Site, during the period of validity of the Legal Warranty, manifests what could be a conformity defect, the Customer must inform Duelegs Srl through the Customer Service which will provide the necessary information for the management of the case. Duelegs Srl reserves the right to ask the Customer to attach to the request the order receipt, or any other document proving the date the purchase was made, and photographic evidence proving the conformity defect.


13. Applicable law

The purchase contract concluded on the www.SlimCell.it website is governed by Italian law. Any dispute relating to the application, execution and interpretation of these Terms of Sale shall be settled by the court of the place where the Customer resides or has elected domicile, if the latter is a consumer as defined by the Consumer Code.