TERMS OF USE
This document (together with the documents mentioned therein) contains the conditions that govern the use of our website (www.dsgdisgusto.com) and the purchase of the articles contained therein (hereinafter the “Conditions of sale”). By accessing the site, users undertake to accept and agree to comply with all the conditions contained therein.
This site is managed by Moodis srl, based in Italy, Via Colle Cerreto 12 / C, 63833 Montegiorgio (FM) that reserves, at any time, the right to modify its contents, including the commercial terms expressed therein, without giving prior notice. We therefore ask you to regularly consult this section and if you do not agree, in whole or in part, with the aforementioned conditions, please do not use our website.
SALE CONDITIONS
The offer and sale of products on our site www.dsgdisgusto.com are governed by these Sale Conditions, together with the Terms of Use, the Return Policy and the Privacy provisions. The products purchased on our site are sold directly by Moodis s.r.l. (“The Seller”) with headquarters in Italy, Via Colle Cerreto 12 / C, 63833 Montegiorgio (FM), P. Iva 02330340445. Any further information can be requested through our support service by contacting Customer Service by e-mail at info@dsgdisgusto.com
1. COMMERCIAL POLICY AND CONTRACT WITH THE SELLER
The Seller offers for sale on www.dsgdisgusto.com (hereafter: the “Website”) its products (hereinafter: the “Products”) and carries out the business of electronic commerce exclusively with its end users, called “Customers”.
The sales contract can be concluded in Italian or English and will be understood to have been entered into between:
– Moodis s.r.l. with registered office in Via Colle Cerreto 12 / C, 63833 Montegiorgio (FM), Italy, P. Iva and registration of the Business Register 02330340445, Registration to the REA of the C.C.I.A.A number FM-203448 (hereinafter also “the Seller”);
– Customer: the physical or legal entity who, has transmitted, through the Site, an order that has been accepted by the Seller; Legal entities are entitled to buy from our Website if previously authorized by the Seller through the assignment of an access code.
Before making any purchase, the Customer is invited to read these Sale Conditions carefully.
To purchase one or more Products on the site, the electronic Purchase Form must be completed and sent to the Seller, following the instructions contained therein.
The Purchase Form contains a reference to the Sale Conditions and Return Policy, and a summary of the information on the essential characteristics of each product ordered, the relative price (including all applicable taxes and duties), and of the means of payment that, before sending the Form, may be used, shipping and delivery costs, the conditions for exercising the right of withdrawal and the method and time for returning the products purchased.
The Customer will receive a confirmation of the submitted order by e-mail (“Order Confirmation”). Regardless of this sending, the contract is deemed to be concluded when the Seller receives, via computer, the Purchase Form, subject to verification by the Seller, of the correctness of the data relating to the order.
The Seller may not process orders which are incomplete or incorrect or in case of unavailability of Products. In these cases, the Seller will inform the Customer by e-mail that the contract has not been concluded and that the Seller has not followed the purchase order specifying the reasons. If the Products shown on the Site are no longer available or on sale at the time of the last access, or sending the order form, it will be the Seller’s responsibility to communicate promptly and in any case within thirty (30) days from the day following the day in which the order was sent, the possible unavailability of the ordered products. In case of forwarding the order form and payment of the price, the Seller will refund the amount already anticipated.
By submitting the Purchase Form, Customers unconditionally accept and undertake to comply with these Sale Conditions in dealings with the Seller. If the Customer does not agree with some of the terms contained in these Sale Conditions, he is invited not to forward the Purchase Form for the purchase of the Products.
2. PRICES AND CURRENCY
The price of the Products, and the relative currency in which it is expressed, is that resulting from the Price List published on the Site and in force at the time of transmission of the order form. The prices of the Products published on the Site are understood to include packaging and /or wrapping and VAT (with the exception of Extra Cee countries), the rate of which is determined according to the type of product.
3. PAYMENTS
Payments can be made with credit cards Visa, Visa Commercial, Mastercard, Mastercard Commercial, American Express, Vpay, Maestro and Paypal. Payment must be made online, at the time of transmission of the Purchase Form. The Customer will be asked to provide the details of his credit card and the request for the charge of the corresponding amount will be forwarded only when the order is completed.
The Customer’s credit card details are not accessible to Moodis s.r.l. nor to third parties and are received in a secure manner against unauthorized access.
By choosing the payment method through Paypal Customers can pay directly through their verified Paypal account. The Seller accepts Paypal payments coming only from verified accounts and reserves the right to send the goods to the address indicated on the account verified by Paypal. Payments from unverified Paypal accounts may be cancelled.
When confirmation of payment is received, Moodis s.r.l. will proceed with the preparation and fulfilment of the purchase order.
4. SHIPPING AND DELIVERY OF PRODUCTS
At the time the Products are sent, the Customer will receive a Shipping Confirmation with the corresponding number. The Seller undertakes to do everything in his power to deliver the Products by the date indicated in the Shipping Confirmation or, if no delivery date is specified, within the estimated time frame at the time of the selection of the delivery method and, in each case, within 30 days from the date of the order confirmation.
If for any reason the Seller was unable to comply with the delivery terms, the Seller will inform the customer giving the option to continue the purchase by setting a new delivery date or cancel the order, resulting in a refund of the full amount paid. No home deliveries will be made on Saturday and Sunday.
For the purposes referred to in these Sale Conditions, the “delivery” shall be deemed to have occurred through the acquisition, by Customers or a third party indicated by them, of the material availability or in any case of product control, which will be proven by signing the receipt of the order to the indicated shipping address.
Upon arrival of the Products, Customer are asked to carefully examine the package: if the package appears to have been tampered with or if the tape is not intact, customers are asked to sign the receipt with reservation, or to refuse the delivery.
In the event that the delivery has been accepted with an unauthorized signature or there is evidence of tampering with the package, customers are asked to report the incident immediately to the courier and to contact DSGDISGUSTO at info@dsgdisgusto.com. If the package is damaged, or if part of the Products is missing, the packaging must be kept for further checks.
5. PURCHASE AS GUEST
The site is also available to purchase products as a guest. With this method of purchase, only those data that are essential to process the order will be required. Upon completion of the purchase process, the customer will be offered the opportunity to register or to continue as an unregistered user.
6. RIGHT TO WITHDRAWAL
Customers have the right to withdraw from this contract within 14 days from the date of receipt of the Products. To request a return, please go to MY AREA and either sign in to your account or enter your email and order number. Next, select the items to return and the desired type of return. Once completed, the Vendor will send a confirmation email, with the Return Authorization Number (RAN) and instructions for the return shipment.
The Products shall be returned to the following address: MOODIS SRL, Via Colle Cerreto 12/C, 63833 Montegiorgio (FM), Italy.
Customers must return, at their own care and risk, to the above address, the Products for which the withdrawal was exercised, complete and complete (including any original packaging of the article), no later than 14 days from their reception. For the sole purpose of expiry of the aforesaid 14-day term, the Products are considered returned at the time they were delivered to the forwarder. The withdrawal can be exercised for the entire order and therefore cannot be operated in relation to only a part of the Products purchased.
RETURN TERMS AND CONDITIONS
• Items cannot be worn, washed or altered in any way.
• Each item must have all original tags, packaging and accessories received with the order. Shoes and accessories must be returned with their original boxes, which are considered integral parts of the products and cannot be damaged and/or altered in any way.
• In the case of defective or incorrect merchandise, or if errors occur in the shipment process by MOODIS S.r.l, the Client must follow the instructions above (Return). MOODIS S.r.l. reserves the right to request photographic support regarding defective or incorrect merchandise before authorizing a return and bearing the charges for the shipment and import fees.
• Swimwear and undergarments (bikinis, briefs, swim trunks etc.) must be tried on over underwear. Returns will not be accepted if the protective hygienic strip has been removed or if the items have any sign of use or wear.
• All returned merchandise is subject to re-entry inspection and must respect the parameters listed in the return policy.
• Moodis s.r.l. reserves the right to refuse returns that are unauthorized or not sent with Bartolini/DHL EXPRESS couriers without prior authorization from the customer service. Authorization shall be requested via email at the address of the customer service.
• Returned items must be handed over to the courier ready packet in order to limit any possible damage to the merchandise.
The price of the returned Products will be refunded to the Customer only after verification, by Moodis s.r.l., of the integrity of the Products. In all cases in which the withdrawal is not legitimately and validly exercised by the Customer, Moodis s.r.l. will return the Product to the Customer, at the risk and expense of the latter; Customers must also take care of the organization for the return of the goods. In the event that the returned Products are damaged during transport for the return to Moodis s.r.l. Customers will be informed of the damages detected within the second working day from receipt of the Products, in order to allow Customers to inform the forwarder in turn and to assert their own reasons against the latter. At the same time, Moodis s.r.l. will return to Customers the Products damaged during transport, at their own risk and expenses. In case the withdrawal is exercised in compliance with the provisions of the current legislation, Moodis s.r.l. will refund the amounts paid by Customers as soon as possible and, in any case, within fourteen days from the date on which Moodis s.r.l. has received confirmation from the warehouse of the arrival and acceptance of the return. Moodis s.r.l. will not give notice of successful delivery of the return in its warehouses and Customers will be able to get information about the delivery from the shipper to whom the shipment has been entrusted. Customers will receive an automatic email from our bank that will confirm the repayment effected by Moodis s.r.l. within the aforementioned 14 days-term. Moodis s.r.l. it is not responsible for the timing of crediting the amount reimbursed which is totally regulated by the issuers of the credit cards used.
7. PRIVACY PROVISIONS
Policy for processing of Personal Data
Pursuant to and by the effect of Article 13 of the European Regulation 2016/679 concerning the protection of individuals with regard to the processing of personal data (GENERAL DATA PROTECTION REGULATION – GDPR).
As required by the General Data Protection Regulation of the European Union (GDPR 2016/679, Article 13), before proceeding with the processing, the user of the Website www.dsgdisgusto.com (hereafter and in relation to the rights provided for in this article: “the Interested Party”) is informed that the personal data collected through the Website are subject to treatment by Moodis s.r.l. (Seller and Data Controller) using IT and / or telematic tools, for the purposes indicated in this statement.
Data Controller
The Data Controller for personal data is MOODIS S.r.l. with registered office in Via Colle Cerreto 12/C, 63833 Montegiorgio (FM), Italia; Partita IVA (Tax ID): 02330340445
For further information regarding the rights of the interested party, please consider the paragraph entitled “Rights of Interested Party” of this article.
Information Processing
The personal data subject to processing is collected directly by MOODIS SRL. or by third parties expressly authorized by the Data Controller or communicated by the same to such third parties for the pursuit of the purposes described below.
Legal Basis and Purpose of Processing
The personal data provided by the Interest Party when browsing the website www.dsgdisgusto.com are processed by the Data Controller in accordance with the current regulations for the protection of personal data.
The legal basis of the processing consists in the provision of its services by the Seller, in the management and facilitation of the website, as well as in the constitution, execution and possible termination of the on-line sales contract concluded between the parties and in the obligations to the same contract connected and/or directly and/or indirectly deriving therefrom.
The processing of personal data by MOODIS S.r.l. is aimed at pursuing the following purposes:
1) Subscription to the DSGDISGUSTO NEWSLETTER: In the case that you decide to subscribe to the “DSGDISGUSTO Newsletter”, only after your express and specific consent, your personal data will be processed by the Data Controller for sending of commercial or promotional communications, relative updates, for example, to the latest trends, new arrivals, exclusive offers, special events and promotions. To unsubscribe from the newsletter simply click on the unsubscribe link at the bottom of the emails received or by writing to info@dsgdisgusto.com
2) Registration on DSGDISGUSTO.COM: In the case that you decide to register on the website www.dsgdisgusto.com, only after your express and specific consent, personal data will be processed by the Data Controller for the purpose of registration on www.dsgdisgusto.com.
In particular, in providing your name, last name, email address and the setting of an access password, these will be processed for the creation of your personal account, to speed up the purchase process, to allow you to view the status of orders and receive updates on purchases made, as well as change personal settings and update your account, view the history of returns and requests for the exchange of goods, save favorite items in your Wishlist.
3) Online shopping Activities: The personal data you provide will be used for the establishment, management, execution and/or conclusion of the online sales contract. The data you provide will be processed by the Data Controller for the purpose of managing the purchase order with reference to, for example, payment, shipment, management of returns, customer support, administrative and accounting purposes related to the management of the order and the fulfillment of obligations under the current legislation. In case of payment by credit card, the fundamental information for the execution of the transaction (credit/debit card number, expiration date, security code) will be processed companies in charge of the anti-fraud control using an encrypted protocol and without any third parties being able to access it in any way. This information will never be displayed or stored by the seller MOODIS s.r.l.
4) Profiling of the physical person: Only after your express and explicit consent, the personal data you provided may be processed by the Data Controller for profiling activities, or analysis of your preferences aimed at creating personalized content and offers.
Nature of Processing
In relation to the purposes referenced in point 1) of the previous section, providing your personal data and consent to its processing is optional. Failure to provide consent will make it impossible for DSGDISGUSTO to allow you to subscribe to the “DSGDISGUSTO Newsletter”, to send commercial or promotional communications, updates on, for example, latest trends, new arrivals, exclusive offers, special events and promotions.
If you decide to proceed with the newsletter subscription through the section of the website solely dedicated to this activity, the provision of your personal data and consent to their treatment is mandatory.
Failure to provide the consent will make it impossible for DSGDISGUSTO to allow you to subscribe to the “DSGDISGUSTO Newsletter”, to send commercial or promotional communications, updates on, for example, latest trends, new arrivals, exclusive offers, special events and promotions.
In relation to the purposes referenced in point 2) of the previous section, providing your personal data and consent to its processing is mandatory.
Failure to provide consent will make it impossible for DSGDISGUSTO to allow you to register with www.dsgdisgusto.com, create a personal account, speed up the purchase process, view the status of orders and receive updates on purchases, the possibility to update personal settings and account preferences, view the history of returns and exchange requests, save favorite items in the Wishlist.
In relation to the purposes referenced in point 3) of the previous section, providing your personal data and consent to its processing is mandatory.
Failure to provide the consent will make it impossible for DSGDISGUSTO to proceed with the establishment, management, execution and/or conclusion of the online sales contract, therefore making it impossible to perform, for example, activities related to payment, shipment, management of returns, customer support, administrative and accounting purposes related to the management of the order and the fulfillment of obligations under current legislation.
In relation to the purposes referenced in point 4) of the previous section, providing your personal data and consent to its processing is optional.
Failure to provide consent will make it impossible for DSGDISGUSTO to perform profiling activities, or to perform analysis of your preferences aimed at creating personalized content and offers.
Personal Data Processing – The Data Controller processes the personal data provided by the Interest Party when browsing the website www.dsgdisgusto.com, in the event of any registration/subscription to the services/programs made available by DSGDISGUSTO and/or the possible purchase of goods made available by DSGDISGUSTO. Examples of personal data are name, last name and email address, in addition to the data necessary for the conclusion of the online sales contract, such as: the functional data for the execution of payment, shipment and exchange of purchased goods.
Methods of Processing and Storing Data – The processing of personal data is performed by the Data Controller in compliance with the provisions of the current legislation on Privacy. The Data Controller processes personal data using IT and/or telematic tools and with organizational and logical procedures strictly related to the purposes indicated in this policy, as well as adopting the appropriate security measures to prevent access, disclosure, unauthorized modification or destruction of personal data, its loss and its illicit and incorrect use. However, the Seller cannot guarantee the Interest Party that the measures taken for website security and the transmission of data and information on the website are capable of limiting or excluding any risk of unauthorized access or loss of data by devices pertaining to the User. For this reason, it is suggested that the Interest Party make sure that his computer is equipped with adequate software to protect the transmission of data (such as updated antivirus) and that its Internet provider has adopted appropriate measures for the security of the transmission of data on the network. The Seller also undertakes to process the data according to the principles of correctness, lawfulness and transparency, to collect the data to the extent necessary and exact for processing and to allow its use only by personnel for authorized purposes. The management and storage of personal data acquired will take place in archives or on servers located within the European Union owned by the Data Controller and/or by third-party companies appointed as External Data Processor for processing and, in any case, currently located in Italy.
In relation to the different purposes for which data is collected, personal data will be kept for the time strictly necessary to achieve that purpose and, in any case, in accordance with the current relevant regulations.
In any case, the Seller will take care to avoid the use of data indefinitely by proceeding, on a regular basis, to verify appropriately the effective permanence of the interest of the Interest Party to which they refer.
Data Processors and Recipients – The data collected will not be disseminated in any way but will be treated within the limits and for the purposes described by the employees of the Seller on the basis of appropriate operating instructions (for example, administrative, commercial, marketing, legal personnel, system administrators, etc.). Some data processing may also be performed by third parties, appointed as External Data Processors for processing, of which the Data Controller relies on or could be used in the management of the contractual relationship, the provision of services offered and organizational needs of its activities. In particular, the data could be communicated to:
a) Persons, public and private, that can access the data by virtue of the provision of law, regulation or community legislation, within the limits set by these rules;
b) Persons who need access to data for purposes related to the contractual relationship existing between the parties, within the limits strictly necessary for the performance of auxiliary tasks (such as, for example, banks and lenders, technical service providers, hosting providers, IT companies, communication agencies, mail carriers and shipping companies);
c) Consultants, within the limits necessary for carrying out their professional duties.
The updated list of External Data Processors and other persons authorized to process the data is kept at the Data Controller’s registered office and is available to the interested party, following a request sent via email to info@dsgdisgusto.com
Transfer of Data Abroad – The management and storage of personal data will be carried out on servers of the Owner and/or third-party companies duly appointed as External Data Processors located within the European Union.
Your personal data may be transferred abroad, in accordance with the provisions of current legislation, even in countries outside the European Union.
The transfer to countries outside the EU, in addition to cases in which this is guaranteed by an Adequacy Decisions by the Commission, is carried out in such a way as to provide appropriate and opportune guarantees pursuant to Articles 46, 47 or 49 of the Regulation.
Rights of the Interest Party – The Interest Party may exercise, at any time, the rights provided in Articles 15, 16, 17, 18, 20 and 21 of the GDPR which, in particular, confer the rights to:
a) Obtain from the Data Controller, pursuant to Article 15, confirmation of the existence or not of personal data being processed and, in this case, obtain access to the data and information such as: (i) the purposes of the processing; (ii) the categories of personal data; (iii) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients located in Third Countries or International Organizations; (iv) when possible, the retention period of the personal data provided or, if not possible, the criteria used to determine this period;
b) Obtain from the Data Controller, pursuant to Article 16, the correction of inaccurate personal data without undue delay; taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, by providing an additional declaration;
c) Obtain from the Data Controller, pursuant to Article 17, the deletion of their personal data without undue delay. The Owner has the obligation to cancel, without undue delay, personal data if there is one of the reasons indicated in paragraph 1 of Article 17;
d) Obtain from the Data Controller, pursuant to Article 18, restriction of processing when one of the hypotheses governed by paragraph 1 of Article 18 occurs;
e) Obtain from the Data Controller, pursuant to Article 20, the portability of data or to receive in a structured, commonly used and machine-readable format, their personal data provided to a Data Controller. Users also have the right to transmit such data to another Data Controller without impediments by the first Data Controller to whom it has provided them, if the conditions indicated in Article 20 paragraph 1 are met. Finally, the Data Subject has the right to obtain the direct transmission of personal data from one Data Controller to another, if technically feasible;
f) Object to, in whole or in part, pursuant to Article 21, the processing of their personal data.
To exercise these rights, the Interest Parties can send their requests to info@dsgdisgusto.com.
It should also be noted that the Interest Party has the right to revoke the consent at any time without prejudice to the lawfulness of the processing based on the consent given prior to the revocation, without prejudice to the consequences indicated above regarding a refusal to provide such personal data.
Changes to this Policy – The Data Controller reserves the right to make changes to this Privacy Policy at any time by giving notice to users on the website www.dsgdisgusto.com.
Therefore, please consult this page often, referring to the date of last modification indicated at the bottom of the policy. In case of non-acceptance of the changes made to this Privacy Policy, the Interest Parties may request the Data Controller to delete their personal data. Unless otherwise specified, the previous Privacy Policy will continue to apply to personal data collected until then.
8. APPLICABLE LAW and JURISDICTION
These Sale Conditions are governed by Italian law and in particular by the legislative decree 6 September 2005 n. 206 (“Consumer Code”), with specific reference to the legislation on distance contracts, from the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. Any dispute arising between Seller and Customer in relation to the interpretation or execution of the contract between them will be devolved to the territorial jurisdiction of the Court of Fermo.
9. MODIFICATION AND UPDATE
These Sale Conditions may be modified from time to time also in consideration of any regulatory changes. The new Conditions of Sale will be effective from the date of publication on the Website www.dsgdisgusto.com
