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GENERAL TERMS AND CONDITIONS OF SALE (GTC)

1. Subject Matter and Company Information

These General Terms and Conditions of Sale (hereinafter the "Terms" or "GTC") govern the sales contracts concluded through the website https://danjohn.com (hereinafter the "Website").

The Website is owned and operated by DAN JOHN ITALIA S.P.A., with registered office at Via di Pietralata, 179, Rome, 00158, VAT No. 13493011004, e-mail address info@danjohn.com, certified e-mail (PEC) address djroma@pec.it (hereinafter "Dan John" or the "Seller"), which offers an e-commerce platform for the marketing and sale of clothing and accessories.

Merely browsing the Website does not constitute acceptance of the GTC. The Customer expressly accepts these Terms during the purchase procedure, before the final submission of the order. The GTC applicable to each Contract are those made available to the Customer at the time of the order. Any subsequent changes or updates apply exclusively to orders placed after their publication on the Website, unless otherwise required by mandatory law.

2. Definitions

For the purposes of these GTC, the following definitions apply:

  • "Customer" or "User": any person who uses the Website or places a purchase order.
  • "Consumer": a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out.
  • "Professional": a person (natural or legal) who purchases in the course of their entrepreneurial, commercial, craft or professional activity.
  • "Product(s)": the goods and clothing items offered for sale on the Website.
  • "Contract": the distance sales contract concluded between Dan John and the Customer through the Website.

The provisions of these GTC that specifically refer to Consumer rights apply exclusively to B2C (Business to Consumer) relationships and do not limit any mandatory rights granted under applicable law.

3. Privacy and Cookie Policy

The use of cookies and similar technologies, in accordance with the GDPR and applicable regulations, is governed by the Cookie Policy published on the Website. The processing of Customers' personal data is governed by the Privacy Policy. The Customer may manage their cookie preferences through the opt-in and opt-out tools made available on the Website, within the limits and in the manner provided by law.

4. Product Features and Prices

The main features of the Products are described in the relevant product pages on the Website and form part of the contractual information. Images are for illustrative purposes only: limited differences in colour or visual rendering may occur due to screen settings, photographic lighting or the natural characteristics of the materials, provided that such differences do not affect the conformity of the Product. Any errors in the product pages will be corrected as soon as they are detected and do not affect the Customer's mandatory rights.

Product prices are shown on the Website in the currency applicable to the country of purchase and include VAT where required by the applicable rules and the configuration of the country of destination. Shipping costs, any additional costs and any other charges borne by the Customer are clearly indicated before the order is submitted. Dan John reserves the right to offer promotions and discounts throughout the year under the conditions published from time to time, subject to compliance with price transparency regulations.

5. Purchase Procedure and Conclusion of the Contract

The submission of the order by the Customer constitutes an offer to purchase the selected Products. Before submission, the Customer may check the Products placed in the cart, the quantities, the price, any discounts, the applicable costs, and the contact, billing and delivery details, and may correct any errors using the functions of the Website.

The Contract is deemed concluded when Dan John sends the Customer, to the e-mail address provided during the purchase, the formal order confirmation containing the essential elements of the purchase on a durable medium. The page displayed at the end of checkout or the mere technical receipt of the order does not, in itself, constitute acceptance of the order.

The Contract may be concluded in the language selected on the Website among those made available for the relevant country. The Contract shall be deemed concluded at the place where the Seller's registered office is located. The determination of the place of conclusion does not in any way affect the mandatory rules on territorial jurisdiction and Consumer protection.

If one or more of the ordered Products are unavailable, Dan John will inform the Customer without undue delay. The Contract shall be deemed concluded exclusively for the Products expressly confirmed. For any amounts authorized or collected in relation to unavailable Products, Dan John will release the authorization or issue a refund without undue delay, depending on the payment method used. Payments must be made using the methods indicated on the Website at the time of purchase.

Order data and contractual documentation are retained by Dan John for the period necessary for the performance of the Contract and for compliance with legal obligations, as detailed in the Website's Privacy Policy.

6. Shipping and Delivery of Products

The purchased Products will be delivered to the address indicated by the Customer in the order through express couriers selected by the Seller. Delivery times are indicative and, in any case, delivery will take place within a maximum of 30 days from the date of conclusion of the Contract, in accordance with Article 61 of the Consumer Code.

The risk of loss or damage to the Products passes to the Customer when the Customer (or a third party designated by them, other than the carrier) takes physical possession of the Product.

7. Right of Withdrawal (Information pursuant to Art. 49, paragraph 1, letter h, Legislative Decree 206/2005)

A Customer acting as a Consumer has the right to withdraw from the Contract, without giving any reason and without any penalty, within 30 (thirty) days from the day on which the Consumer or a third party takes physical possession of the Products. In the case of multiple goods ordered by the Consumer in a single order and delivered separately, the period runs from the day on which the Consumer takes physical possession of the last item.

To exercise the right of withdrawal, the Consumer must inform Dan John of their decision by means of an explicit statement sent to the e-mail address supporto@danjohn.com, by PEC to djroma@pec.it, or through the contact form in the Contacts section of the Website. For this purpose, the model withdrawal form provided in Annex I, Part B of the Consumer Code may be used.

8. Effects of Withdrawal and Return Costs

In the event of withdrawal, all payments made to Dan John will be refunded to the Consumer, including the delivery costs of the initial shipment (except for any additional costs resulting from the choice of a delivery method other than the least expensive standard delivery offered), without undue delay and in any case no later than 14 days from the day on which Dan John is informed of the decision to withdraw.

The direct costs of returning the goods are borne by the Consumer and are set at a fixed amount of €5.00 (five euros). This amount will be deducted directly by the Seller from the total refund due to the Customer. The refund will be made using the same means of payment used for the initial transaction, minus the withdrawal fee of €5.00. Dan John may withhold the refund until it has received the goods or until the Consumer has provided proof of having sent the goods back, whichever occurs first.

The Consumer must send back or deliver the goods to Dan John Italia S.P.A. without undue delay and in any case within 14 days from the day on which they communicated their withdrawal. The Product must be returned intact, in its original packaging and complete with all labels, tags and accessories. The Consumer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

9. Legal Guarantee of Conformity

All Products sold on the Website to Customers qualifying as Consumers benefit from the legal guarantee of conformity provided for in Articles 128 et seq. of the Consumer Code. The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery of the goods and becoming apparent within 2 (two) years of such delivery.

Notice of the defect must be given within the legal time limits. In the event of a lack of conformity, the Consumer is entitled to have the goods brought into conformity by either (i) repair, or (ii) replacement of the product, where possible and upon its return, or (iii) a full refund upon return of the product, or (iv) an appropriate price reduction, possibly also by means of a purchase voucher, in accordance with the terms of the Consumer Code.

Customers purchasing as Professionals do not benefit from the legal guarantee of conformity, but the protections provided by the Civil Code on sales (Articles 1490 et seq. of the Civil Code) apply, with a guarantee of 1 (one) year from delivery and notice of the defect within 8 days of its discovery.

10. Limitation of Liability and Force Majeure

Dan John shall not be liable for delayed or failed performance of the Contract where such failure is caused by unforeseeable factors, force majeure, fortuitous events or acts of third parties, including, by way of example and not limitation: strikes, natural disasters, transport blockages, internet network or payment provider outages, or cyber attacks. Dan John cannot be held liable for any damages, losses or costs incurred by the Customer as a result of the non-performance of the contract due to the causes mentioned above.

11. Governing Law and Jurisdiction

These GTC and the individual Contracts concluded on the Website are governed by Italian law. The application to Consumer Customers of the mandatory consumer protection rules provided by the law of the country in which they have their habitual residence remains unaffected.

For any dispute arising from these GTC or from the Contracts:

  • If the Customer is a Consumer, mandatory territorial jurisdiction lies with the court of the Consumer's place of residence or domicile.
  • If the Customer is a Professional, the Court of Rome is designated as the exclusive forum.

12. Alternative Dispute Resolution (ADR / ODR)

Pursuant to Article 14 of EU Regulation No. 524/2013, Consumers are informed that the European Commission has established an online dispute resolution (ODR) platform, accessible at the following address: europa.eu. Through this platform, the Consumer can consult the list of ADR bodies, find the link to their website and initiate an online resolution procedure for disputes relating to purchase contracts concluded online.