General conditions of Sale
The commercial relation between Diamond Life and its customers is regulated exclusively by the following terms and conditions of sale. They exclude any other agreement, unless agreed previously in writing form, signed by the customer and our sales officiers.These rules apply to all purchase orders, regardless of the transmission mode.
According to what has been said above, the following definitions shall have the meanings below:
CUSTOMER: a subject who, in any capacity, sends Diamond Life a purchase order for products sold through the Diamond Life WEBSITE, and with whom the contract is agreed in accordance with the provisions of these terms and conditions of sale. According to the provisions of Article 3 of Legislative Decree 6 September 2005, n.206th and subsequent amendments and / or additions, the customer will be defined as:
- consumer: the physical individual acting for purposes which are outside his trade, business, craft or profession;
- professional: the physical or legal person acting in the course of his business, commercial, craft or profession, or as an intermediary.
USER: any Internet user who accesses freely at the website www.diamondlife.eu either directly or from any other website. According to the Article 3 of Legislative Decree 6 September 2005, n.206, the user will be defined as:
- consumer: the physical person acting for purposes which are outside his trade, business, craft or profession;
- professional: the physical or legal person acting in the course of his business, commercial, craft or profession, or as an intermediary.
CONTRACT: The contract of remote sale, as described and regulated by Legislative Decree no. 185/99 and subsequent amendments and / or additions, made with Diamond Life consists of these Terms of Sale.
WEBSITE: The website www.diamondlife.eu through which is made the sale of products traded by Diamond Life
TERMS OF SALE: The terms in this document, which are an integral and substantial part of the contract between the customer and Diamond Life on the purchase of the service offered through the website www.diamondlife.eu
SERVICES: Selling online through the website www.diamondlife.eu under these Conditions of Sale of goods and products.
3. Conclusion of the Contract and acceptance of General Conditions of Sale.
The Agreement shall be concluded between Diamond Life and the customer with the acceptance, even partial, of the order from Diamond Life, that took place in the manner indicated in paragraph 6. Every time you place an order to purchase products via the WEBSITE, the customer declares and confirms that he has taken careful note of all the instructions given during the purchase process and accept the terms and conditions of sale and payment set out in this document.
According with art.3 and 4 of Legislative Decree 185/99 and subsequent amendments and / or additions about remote sales, the Customer who makes the purchase as a Consumer is obliged, once the purchase is done, to print and / or save a copy of his choice and, however, to keep this document containing the General Conditions of Sale. Diamond Life in no circumstance is liable for claims or damage compensations by the Consumer, and it will also be free from any contractual or extra-contractual, directly or indirectly, for any direct or indirect personal and / or property damage, caused by the rejection, even only partial, of an order.
Diamond Life is not responsible for any damage or loss, direct and / or indirect, arising from the sale of goods and services proposed in the catalog published on the site www.diamondlife.eu including delay and / or non-delivery of the product, nor for the correspondence of the goods to the specifications published on the website, nor for any other event not directly attributable to Diamond Life itself.
5. Accessibility to the website.
The website is accessible by anyone without restrictions. Reserved areas are available to registered users who have received confidential access codes. The user name and password that allow you to connect to the website are personal and confidential. They can only be changed at the request of the customer. The customer is solely responsible for the use of personally identifiable information. The Customer commits to not disclose it in any form. Any transaction using the username and password of the customer is deemed to be made by the customer.
Orders are accepted only in writing form or through the internet. The customer sending orders via Internet will receive, at the end of the procedure, a confirmation of receipt by e-mail, indicating the number assigned to each order. In case that after receiving the order from the customer, a confirmation will not be received, of partial and / or total correction, within 24 hours during working hours, the proposal shall be deemed not accepted, for all legal purposes, even for accounting, administration or lack of products reason.
Confirming the order, the customer declares unconditionally accepted the terms of the order itself, and the entire General Terms and Conditions.
The customer acknowledges the validity and evidential value of electronic exchanges recorded by Diamond Life and agrees that these documents have the same evidential value of a writing form signed by hand.
All prices listed on the websites are prices given inclusive of VAT (except for when not stated otherwise). The prices of the products are visible at all times on the website www.diamondlife.eu. Promotions and discounts can be applied as a result of specific agreements, or with the use of discount codes.
Prices and promotions can be freely edited by Diamond Life at any time, without notice.
8. Availability products.
In the price list published on the website www.diamondlife.eu the availability of the products is highlighted, and updated on a regular basis. Since the access and the ability to submit orders change the product availability, Diamond Life does not guarantee the certainty of allocation of goods ordered, and reserves the right to delay partially and / or totally the delivery of the order received.
9. Risk and ownership.
The goods are sent through couries, charged on an invoice of related costs. Upon receipt of the goods, the customer must verify the integrity of packages and correspondence with the quantity and quality ordered as specified in the transport document (Bull, DDT and / or Accompanying Invoice). In case of discrepancy, it must be stated on the same transport document, a copy of which must be given to the courier, and transmitted to the supplier via mail firstname.lastname@example.org or registered letter. Despite the packaging intact, the shipment should be checked as soon as possible within 7 (seven) days from the receipt. Any abnormalities not found during the check upon receipt of intact packs should be reported in writing form via email to email@example.com or registered letter within 7 (seven) days from the receipt. Any report that reaches Diamond Life after this period will not be considered. For each statement, the customer assumes full responsibility for the statements. In case that the goods were shipped with insurance upon the customer's instructions, the courier is responsible of damages and risks immediately after the taking over of the products from the warehouse.
The goods must be paid with Credit Card, PayPal or other methods may be previously mutually agreed in writing form between the customer and Diamond Life.
11. Faculty of canceling orders.
The customer has 4 hours from the payment of his order to be able to ask for cancellation, without having to justify it. You can simply send an email to firstname.lastname@example.org specifying the order number for which the request cancellation. After 4 hours, Diamond Life is under no obligation to accept an order cancellation.
The right of cancellation of the customer is precluded in the event that the goods have been specifically ordered by Diamond Life itself to its suppliers and these will not accept the cancellation of the order.
12. Goods return.
The return of goods to the supplier must be requested in writing form, stating the reasons for the request and quoting the invoice. The return of goods shall be conducted upon authorization and assignment of the "return number". The goods to be returned must be in perfect condition, in their original packaging and shipped prepaid to our warehouse, quoting on the document the allocated return number.
Any errors in delivery and dispatch or missing products must be reported in writing form, in the manner and time limits specified in paragraph 8 "Risk and ownership".
The purchase of products from Diamond Life involves the acceptance of the warranty provided by the manufacturer, which may be independent of the will of Diamond Life itself. The customer, therefore, is aware that the goods purchased will be guaranteed by the manufacturer and the conditions pre-planned, and thus he accepts, without reservation, all modes of supply of the manufacturer's warranty, with reference,for example, to the subject guaranteeing even if different from Diamond Life.
If there is a lack of conformity, as provided by the Consumer Code (Articles 128 et seq.) the consumer is entitled to the repairment or replacement of his choice of the defective product by Diamond Life. If repairment or replacement is not possible, the consumer is still entitled to a price reduction or to have back a sum commensurate with the value of the goods, after the return to the seller of the defective product. The legal guarantee lasts 2 years after the delivery and must be claimed by the consumer within 2 months from the discovery of the defect.
Diamond Life will take care of the defective product to see if the fault depends on a lack of conformity or not. If the lack of conformity is found, Diamond Life will perform the repairment or replacement of the goods within a reasonable time from the request and free of charge to the consumer.
All rights reserved. Texts, images, graphics, sound files, animation, videos and their arrangement and their adaptations on the website are (unless otherwise indicated) owned by Diamond Life to the laws on intellectual property and protected by copyright and intellectual property rights. These objects may not be copied for commercial use or distribution, nor may be modified, published, copied or used on other websites. This site may also contain images copyrighted by third parties.
It is expressly stated that this website does not grant any concession on our intellectual property or on the intellectual property of third parties.
On the web pages of www.diamondlife.eu could be found some links (Hyperlinks) to other websites, intended to provide a better service or other information to the users. Diamond Life is not in any way responsible for the content of websites that users could access via its site. The existence of hyperlinks to other websites does not mean approval or acceptance of responsibility by Diamond Life of the content of the new site accessed, even in relation to the policy adopted for the processing of personal data and its use. The use of such web pages shall be at the only risk of the User and Client.
17. Liability for defects of title or quality.
The information on this website www.diamondlife.eu have exclusive information purposes and can be faulty, incomplete or inaccurate depending on the circumstances. Diamond Life has no responsibility for the above possibilities or for the harmful consequences, direct or indirect, that may result from the use or inability to use the information on the website.
18. Other liabilities, Virus.
The client accepts the characteristics and limitations of the Internet and acknowledges that he is solely responsible for the use made of its information.While doing everything in his power to keep the website free of viruses, Diamond Life can not guarantee that it is immune. The User / Customer shall, for his own protection, do what is necessary to ensure appropriate security measures and use an antivirus program before downloading any information, software or documentation. The user must do everything reasonably possible to activate appropriate security measures and use an antivirus program to make sure no viruses are uploaded on the website www.diamondlife.eu. Diamond Life can not be held liable for any direct or indirect damages resulting from any virus or similar.
The conditions contained in this document may be modified, without notice and will be valid from the date of publication.
20. Right of restitution.
According to article. 5 of Legislative Decree no. 185/99 and subsequent amendments and / or additions, the customer who qualifies as a Consumer is freely and unconditionally entitled to cancel the contract without penalty, within 14 (fourteen) days from the day of receipt of goods. For the proper exercise of the right the client must contact Diamond Life at the address indicated on the website www.diamondlife.eu, within the period stated above via registered mail with return receipt or by telegram or fax later confirmed by registered letter with acknowledgment of receipt sent within the next 48 hours, indicating also the coordinates (Iban, paypal email) for the refund of the amount; failure to comply with the indications and time limits will make it impossible to exercise the right itself. Upon receipt of the notification of the exercise of the right of refund Diamond Life will contact the customer to inform him how to proceed to returning the goods, and if already delivered, it will have to be carried out without delay within 14 days from the receipt of refund instructions notice. No later than 14 days after receipt of the goods returned, Diamond Life will proceed to credit the sum received by bank transfer with the coordinates specified by the customer, holding, according to the law, the cost of transport relating to the return, unless paid directly by the customer, and any costs for restoring the original packaging, if damaged. As per art. 5 paragraph 3 and art. 7 of Legislative Decree no. 185/99 and subsequent amendments and / or additions are excluded from the exercise of the right of withdrawal:
- The Supply of goods custom-made or clearly personalized or which by their nature can not be returned or are at risk of deteriorate or expire rapidly.
- The Supply of audio or software unsealed by the consumer.
- The Supply of newspapers, periodicals or magazines.
It is not possible to return only a part of the product. The Product purchased should be returned in its original packaging including packaging, any accessory parts and documentation (instructions, accessories, etc.) and must not be damaged other than by the transport, penalty the cancellation of the right of return. The package sealed for perishable products, must not be opened and / or rigged. The product will be carefully packed in a second box, thus avoiding damage to the original packaging, affixing labels or tape. Responsibility for the product is of the consumer until it is delivered to Diamond Life unless the return is not done by courier assigned directly by Diamond Life. In case that the product returned by the courier assigned directly by the customer is damaged during the return transport, Diamond Life will notify the customer within 5 working days of receipt of goods, in order to allow the Customer to complain to the carrier chosen and begin the related procedures of refund, and it will make available to the customer the right for the product's return and it will cancel the request of refund. Diamond Life will not be responsible in any way for damage and / or loss of goods returned by uninsured shipments. Upon receipt of the goods at the store, Diamond Life shall check the goods to confirm the integrity; if they are damaged for other reasons than the transport, or without the original packaging, including the internal part or the accessory parts forming the goods delivered (instructions, accessories, etc.), it will promptly notify the Customer objecting the revocation, consequently to the right of restitution, and proceeding to return the goods to the customer and charge the resulting costs.
22. Governing Law and Jurisdiction.
The sales contract concluded between the customer and Diamond Life is concluded in Italy and regulated by the Italian law, in particular the provisions of the Civil Code, Legislative Decree no. 185/99 relating to remote contracts, by Decree. 70/2003 relating to contracts drawn up electronically and any additions and modifications.
Diamond Life will attempt to resolve any dispute with the customer in a fast and efficient way. If the customer is not satisfied with those efforts and wants to appeal to the Judicial Authority, any dispute shall be subject exclusively to the Italian jurisdiction.
Any dispute relating to the interpretation, execution and termination of these Terms of Sale will be dealt exclusively by the Court where Diamond Life's headquarter is located, unless the Customer has acted and performed this contract as a Consumer for purposes unrelated to any business or professional activity. In such a case it will be pleaded by the court of the place where the customer's residence or domicile, if located on Italian territory.
In case that Diamond Life does not enforce out any of its rights under this Agreement, it does not constitutes a waiver of the rights themselves. Such failure shall in any way mean the waiver of such rights at a later time.