Terms & Conditions

Terms and Conditions

GENERAL CONDITIONS OF SALE

The present general conditions of online sales (“General Conditions”) apply to all sales contracts concluded between Olena Munko, with registered office in Castiglione di Ravenna (RA), Olena Munko, via San Pantaleone 34, 48125, Ravenna, Italy, registration number: P.IVA: 02744770393 tel (+39) 3513481193 , PEC: info@test.thedimm.ru (hereinafter “the Seller”), the products (“Products”) for sale in the online shop on the website www.prestish.com (“Website”), and the customer, understood pursuant to Article 3 of Legislative Decree no. 206/2005 (“Consumer Code”) as a consumer, i.e., a natural person acting for purposes unrelated to the entrepreneurial, commercial, handicraft or professional activity carried out (“Customer”), on the basis of orders submitted electronically through the Website.

The offer and sale of products on the Website are governed by these General Terms. The Customer may request any information through the support services by contacting Customer Service as indicated in par. 11 below.

OUR COMMERCIAL POLICY

The Seller offers the Products for sale on the Site and carries out its e-commerce activity exclusively towards its end users who are “consumers”. When we speak of “consumer” we refer to any natural person who acts on the Site for purposes that are not related to his/her commercial, entrepreneurial, handicraft or professional activity. The offer and sale of the Products refer exclusively to the countries indicated in the list of shipping countries on the relevant page of the Site accessible through the Homepage.

The Seller reserves the right to set a maximum limit of Products, or types of Products, that can be purchased on the Site. The Seller, therefore, reserves the right not to process orders from parties other than the “consumer” and/or minors, from countries not included among those indicated among the shipping countries or, in any case, orders that do not comply with its own commercial policy.

These General Conditions exclusively regulate the offer, forwarding and acceptance of purchase orders of Products on the Site between Customers and the Seller. On the other hand, the General Conditions do not regulate the sale of goods or the provision of services by parties other than the Seller, even if they are present on the Site through links, banners or other forms of connection. It is the Customer’s responsibility to check the terms and conditions of sale before placing orders and purchasing goods and services from parties other than the Seller, because the Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of e-commerce transactions between users of the Site and third parties.

PRODUCT PURCHASE ORDER

To order one or more Products on the Site, the Customer must select the Products he/she wishes to purchase and add them to the shopping cart.
Once the selection of the chosen Products is complete, the Customer must proceed to checkout at the shopping cart web page, fill in the order form in electronic format, according to the relevant instructions, and transmit it to the Seller.

Before proceeding to the purchase of the Products, by transmitting the order form, the Customer will be asked to carefully read the General Terms and Conditions, which he/she may print, store or make a copy of for personal use.

The order for the purchase of Products may be placed by the Customer either through his/her personal account, if registered on the Site, or through the guest user mode, in which case he/she shall provide the personal information required to proceed with the order. The order form contains a reference to the General Terms and Conditions, as well as a summary of information on the main characteristics of each Product ordered and the relative price (including all applicable taxes or duties), the means of payment accepted and the methods of delivery of the Products purchased, the shipping and delivery costs, the conditions for exercising the right of withdrawal and the methods and times for returning the Products purchased.

Before submitting the purchase order form, the Customer may check the details of the order, as well as identify and correct any data entry errors.The submission of the order form by the Customer implies the latter’s obligation to pay the price indicated in the order.By submitting the order form, the Customer unconditionally accepts and undertakes to observe these General Terms and Conditions in his relations with the Seller. If you do not agree with any of the terms in the General Terms and Conditions, please do not submit the order form for the purchase of the products.By submitting the order form, the Customer confirms that he/she is aware of and accepts the General Conditions and further information contained on the Site, also referred to through links, including the General Conditions of Use.

The presence of the Products on the Site must be understood as an invitation to offer by the Seller. The sending of the purchase order by the Client to the Seller shall be considered as a purchase proposal of the single Products object of the order.

Upon receipt of the purchase order, the Seller will send the Customer, via e-mail, a receipt of the purchase order, which will contain a summary of the General Conditions, information relating to the essential characteristics of the Products and a detailed indication of the price (including all applicable taxes or duties), the means of payment, the conditions and methods for exercising the right of withdrawal and delivery costs.This e-mail is an automatic confirmation of receipt of the order and does not imply acceptance by the Seller of the Customer’s purchase order.

The Customer’s purchase order shall be deemed accepted by the Seller when the latter sends an e-mail confirming that the Products ordered have been shipped.
The Seller reserves the right not to accept purchase orders. This may occur, for example, in the event of unavailability of Products or incomplete or incorrect orders, which do not provide sufficient guarantees of solvency or which are contrary to the Seller’s commercial policy and/or the General Conditions.In these cases, the Seller shall promptly, and in any case within 30 days from the transmission of the order to the Seller, inform the Customer by e-mail that the contract is not concluded and that the Seller has not carried out the purchase order. If the Customer has already submitted the order form and paid the price, the Seller shall refund the sum paid.

The order form shall be filed in the Seller’s database for the period of time necessary to process orders and in any case in compliance with the terms of the law. The Customer, if registered on the Site, may view the orders placed by accessing his personal account and consulting the relevant section of the Site. The Customer who has made a purchase as a “guest” user may check the orders placed by contacting Customer Service as indicated in paragraph 11 “Customer Service” below.

The languages available for the conclusion of the purchase order are those indicated, for each country, on the page relating to the shipping countries that can be reached through the Homepage of the Site.

PRODUCT FEATURES

Only original Products are offered for sale on the Site. The essential characteristics of the Products are presented on the Site within each Product sheet. However, the images and colours of the Products offered for sale may not correspond to the real ones due to the Internet browser and/or monitor used. Each Product is sold on the Site together with its identification tag, which is an integral part of the Product itself.

PAYMENTS

The prices of the Products indicated on the Site are expressed in Euros (€) and are already inclusive of all applicable taxes and duties. The prices of the Products do not include shipping and delivery costs which will be clearly indicated at the beginning of the Product purchase process. The prices of the Products may be subject to change. The Customer therefore undertakes to check the final sale price before sending the relevant order form.

The payment methods can be found on the Payment and Security page of the Site, as well as indicated on the individual purchase order form, and form an integral part of the General Conditions. The price for the purchase of the Products and the shipping costs, as indicated in the order form, shall be charged after the purchase order is sent by the Customer and before the Products are shipped by the Seller.

In the event that payment by credit card is chosen, the financial information (for example, the credit/debit card number or the date of its expiry) will be forwarded, via encrypted protocol, to banks or companies that provide the relevant remote electronic payment services, without third parties being able, in any way, to access it. Moreover, this information will never be used by the Seller except for completing the procedures relating to the purchase for which it is provided and for issuing the relative refunds in the event of any returns of Products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Site.

If the Product is delivered to a country belonging to the European Union, the Product sold should not be subject to any customs clearance costs, such as import taxes and/or duties. If, on the other hand, the Product is delivered to a country outside the European Union, the Products sold may be subject to customs clearance costs, such as import taxes and/or duties, payable upon arrival of the Product in the country of delivery. Customs clearance costs cannot be foreseen in advance by the Seller and are, in any case, entirely borne by the Customer.

For further information, the Customer may contact the customs office of the Product’s country of delivery.

DELIVERY OF PRODUCTS

Delivery of the Products ordered on the Site is made by express courier. The costs, methods and terms of delivery of the Products are indicated on the “Shipping” page, as well as on the individual purchase order form, and form an integral part of the General Conditions.The delivery times of the Products indicated on the Site are indicative and refer exclusively to working days, expressly excluding holidays.

The Customer must place the purchase order directly from the page of the Site relating to the shipping country where the Product purchased will be delivered. The Site should be able to automatically recognise the country from which the Customer is connecting, but it is possible to change the reference country of the Site via the list of shipping countries on the relevant page of the Site.

Orders placed from a section of the Site relating to a country other than the destination country, or to an address not accepted by the courier appointed by the Seller (such as, for example, Post Office Boxes and Poste restante), will not be accepted. For Italy only, the Site is not authorised to ship to Livigno, Campione d’Italia, S. Marino and Vatican City.

RIGHT OF WITHDRAWAL

Exercise of the right of withdrawal

The Customer has the right to withdraw from the contract concluded with the Seller, free of charge and without stating any reasons, within 14 days from the day of acquiring physical possession of the Products purchased on the Site.

To exercise the right of withdrawal, the Customer may communicate his decision to withdraw from the contract by means of the withdrawal form on the Site. To this end, the Customer must access the section of the Site relating to orders placed, fill in the withdrawal form and send it electronically to the Seller.

Alternatively, the Customer may send written and explicit notice of his decision to withdraw to the Seller, providing his contact details (name, surname, address and e-mail), the dates of order and receipt of the Products, the order number and the Products purchased; to this end, the Customer may optionally use the standard withdrawal form, which is not mandatory, as per Annex I of Legislative Decree 21 February 2014, no. 21, available at the bottom of this page. In the event that the Customer chooses this option, the notice of withdrawal must be sent to the Seller at the contacts indicated in the “Customer Service” paragraph.

If the right of withdrawal is exercised, it is not possible to directly replace the chosen Product with another; in order to purchase a new Product, the Customer must place a new order separate from the previous one.

The Customer shall be liable for any decrease in the value of the Products resulting from handling the Products other than what is necessary to establish the nature, characteristics and functioning of the Products. The returned Products must be returned in perfect condition and inclusive of all accessories and documents. In the event that the Product shows signs of wear or has been altered in any way from its original condition, the Seller reserves the right not to accept the return or, alternatively, to reduce the amount of the refund or exchange.

Time and method of return

The Products subject to withdrawal must be returned to the Seller within fourteen (14) days from the date on which the Customer communicated to the Seller his decision to withdraw from the contract. The Products must be returned to the Seller, together with the withdrawal form available at the following link, at Olena Munko, via San Pantaleone 34, 48125, Ravenna, Italy

The payment of the direct costs of the return of the Products shall be borne by the Customer.

It is recommended to return the Products in the packaging sent by the Seller.

Refund timing and modalities

The Seller, after receiving the Products and checking that all the requirements set forth in this Article 6 have been met, will send the Customer an e-mail confirming acceptance of the return.
The Seller shall proceed to refund all payments received from the Customer, including delivery charges. The Seller shall not, however, be obliged to reimburse the additional costs of delivery charges if the Customer has expressly chosen a type of delivery other than the least expensive type of delivery offered.
Regardless of the method of payment used by the Customer, the refund shall be activated by the Seller, upon verification of the correct execution of the right of withdrawal, in the shortest possible time and in any case within 14 days from the date on which the Seller received the notice of withdrawal. Reimbursement may be suspended by the Seller until receipt of the Products or until the Customer proves that he has returned the Products, whichever is earlier.

LEGAL GUARANTEE OF CONFORMITY

The Customer shall be entitled to the legal guarantee in the event of a lack of conformity of the Product that becomes apparent within two years from delivery of the goods.
Unless proven otherwise, defects of conformity that become apparent within 1 (one) year from delivery of the Product shall be presumed to have already existed on that date, unless this assumption is incompatible with the nature of the good or the nature of the conformity defect.

It is understood that damages, alterations, changes and/or modifications to the Products caused by the Customer and/or third parties other than Prestish shall not be considered as a defect or lack of conformity. By way of example but not limited to, damages caused by improper use (such as direct exposure to sunlight or heat, contact with liquids, rain or food), normal wear and tear, non-observance of applicable maintenance and/or cleaning instructions shall not be considered defects or lack of conformity.

An action to assert a conformity defect that has not been fraudulently concealed by the Seller shall in any case be time-barred within 26 (twenty-six) months from delivery of the product.
In the event of a lack of conformity, the Customer may, at its option, request the Seller to repair the goods or to replace them, in either case without incurring any costs, provided that the remedy chosen is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Seller. The Customer may also request, at its option, a proportional reduction of the price or termination of the contract in the cases referred to in Article 135-bis of the Consumer Code.

In order to make use of the conformity warranty, it is recommended to keep and present the purchase documents of the product.
For more information on the legal guarantee of conformity for consumers as well as to take advantage of the remedies provided by the legal guarantee in relation to products purchased from the Seller, the consumer may contact Customer Service.

PRIVACY

You may obtain information on how your personal data are processed by accessing the Privacy Policy

APPLICABLE LAW AND DISPUTE RESOLUTION

The General Terms and Conditions are governed by Italian law and in particular by the provisions of Legislative Decree No. 206 of 6 September 2005, containing the “Consumer Code”, with specific reference to the provisions on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects of e-commerce.

For any dispute related to these General Conditions, the Customer may use the online platform provided by the European Commission for out-of-court alternative dispute resolution (so-called ODR platform), accessible on the site at the following link https://webgate.ec.europa.eu/odr .

This is without prejudice to the Customer’s right to bring an action before the competent ordinary courts. The jurisdiction applicable to contracts of sale concluded through the Site is that of the Customer’s place of residence or domicile.

MODIFICATION OF THE GENERAL CONDITIONS

The General Conditions shall be amended from time to time also in consideration of any regulatory changes. The new General Conditions shall be effective from the date of publication on the Site.

CUSTOMER ASSISTANCE

For assistance on the Products, further information, suggestions, complaints and/or further requests, the Customer may contact the Seller’s Customer Service at any time at the Contact form or at the following references:
by telephone: (+39) 3513481193;
by e-mail: customer@test.thedimm.ru;
by mail: Olena Munko, Castiglione di Ravenna (RA), via San Pantaleone 34, 48125.