Sales Conditions

General information

These General Conditions of Sale (hereinafter, Conditions) have as their object the discipline of the purchase of underwear products (hereinafter, the Products), carried out remotely, via telematic network, from the Site http://www.focenza.com (hereafter the Site). The owner of the site is Daring Group srl, with headquarters in Padernello di Paese (TV) in Via Piemonte n. 20 - 31038 - Tax Code and VAT 04980390266 - REA TV 415631

Acceptance of the general conditions of sale

The offer and sale on the Product Site constitute a distance contract governed by Italian law, and in particular by the Legislative Decree 9 April 2003, n. 70 containing the discipline of electronic commerce (e-commerce) and by articles 45 and following of the Legislative Decree 6 September 2005, n. 206 and subsequent amendments.
By concluding a Purchase Agreement, the Customer accepts and undertakes to comply with these Conditions. The customer is therefore required to carefully read these Conditions and all other information that Daring Group srl provides on the site during its purchase
The applicable Conditions are those in force on the date of transmission of the purchase order. Any changes and / or new conditions, which may be made by Daring Group srl at any time, will be in force from the moment of their publication on the Site. Customers are therefore invited to regularly access the Site to check for any changes and / or updates to the Conditions.
These Conditions do not regulate the sale of products and / or the supply of services by subjects other than Focenza who are present on the Site through links, banners or other hypertext links.

Products

All the Products offered on the website www.focenza.com are accompanied by a description of the main characteristics. The photos on the site correspond to the photographic image of the same, however it may happen that the colors of the products may differ significantly from the real ones due to the different computers or screens used by the users.
the purchase contract will refer to the code and description indicated in the order sent by the customer. Any additional product information is only for purchase support and represents general information relating to the item.

Purchase methods

The purchase of the Products on the Site is allowed only to those who have turned 18 years of age. The products on the site www.focenza.com can be purchased in accordance with the procedures indicated below.
The customer guarantees that the personal information provided during the purchase procedure, including the registration phase on the site, corresponds to reality, thus keeping Daring Group srl unharmed and not responsible for any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the customer's violation of the rules of registration on the Site or the conservation of registration credentials.
the products on the site are an invitation to the customer to formulate a contractual purchase proposal. The order sent by the Customer represents a contractual proposal, the sending of the order by the Customer implies full knowledge and full acceptance by the same of these Conditions. Upon receipt of the order by Daring Group srl the Customer will receive an email confirming the correct reception of the contractual proposal by the information systems of Daring Group srl. The confirmation message will also indicate an order number which must be used for any subsequent communication. In addition to the order number, all the information required by law and the data provided by the customer who must verify its correctness and communicate any inaccuracies will be indicated. Any additional costs caused by the incorrectness of the data entered will be charged to the customer. If the Customer violates the prohibitions contained in the purchase methods Daring Group srl can take all the necessary actions to stop the irregularities.
the site is constantly updated in order that the products on the site correspond to stock availability. However, temporary unavailability of products may occur. In this case Daring Group SRL will take care of interfacing with the customer to find the solution, and in any case send the order with the available products.

Conclusion of the Contract

The purchase contract is considered concluded with the acceptance by Daring Group srl which may or may not accept the order sent by the Customer at its discretion. without the Customer being able to make claims or any right, for any reason, including compensation in case of non-acceptance of the order itself. In particular, purchase proposals will not be accepted by customers that Daring Group srl does not consider completely solvent, due to anomalies in the customer's transactions and means of payment or following a comparison with the payment circuits that have identified doubts about the customer's solvency.

Product prices

The prices of all products are indicated on the Site. Daring Group reserves the right to change the price of the products at any time, in any case the price charged to the customer will be the one present on the site at the time the order

Method, costs and terms of delivery (SHIPMENTS)

Daring Group srl delivers its orders in all the States indicated in the summary table on the website to the shipping address indicated in the order. If the customer needs the issuance of the invoice, this must be requested expressly and contextually with the execution of the order. The information indicated on the invoice will be that indicated by the customer at the time of transmission of the order and the customer guarantees that it is true. Once the invoice has been issued, no changes will be possible.
The order placed will be shipped to the postal address indicated by the Customer. Deliveries are made from Monday to Friday by trusted courier, excluding holidays and any periods that Daring Group srl will indicate on the site from time to time. The delivery obligation is realized through the material delivery to the customer. Any risk of loss or damage not attributable to Daring Group srl will be transferred to the Customer when the latter or a designated third party other than the courier is physically in possession of the products.
Transport costs are charged to the customer unless the order does not exceed a certain amount and are however clearly shown in the summary table on the website www.focenza.com. For the delivery of the order in some areas considered by the "disadvantaged" couriers, a surcharge may be requested, which will be indicated at the time of placing the order, and before its conclusion.
If provided, the customer is charged with customs duties and duties which will not be reimbursed in the event of termination of the purchase contract. customs duties and duties, if any, will be explicitly indicated during the execution of the order by the customer.
Before the customer transmits the order, he can view the summary where the total price of the order will be indicated and separately the delivery costs and any other additional expenses. The total price of the order constitutes the total amount due by the customer.
Upon delivery of the order, the customer must check that the number of packages corresponds to that indicated on the courier's mark, that the packaging is not damaged or in any case altered or tampered with. the Customer must communicate any damage to the packaging and receive the goods with a "CONTROL RESERVE" specifying the reason for the reservation to the courier. If the order is received without reservations, the Customer will not be able to take legal action against Daring Group srl in the event of loss or damage to the products unless the partial loss or damage at the time of delivery was not detectable. In the latter case, the damage must be reported as soon as known and in any case no later than eight days from receipt of the goods. If the delivery is to be made in locations with particular characteristics, the customer is required to report it, in case he does not do so or provides incorrect indications, any additional costs incurred for the delivery of the order are charged to him.
The withdrawal of the order is an obligation of the customer that derives from the purchase contract. In case of non-delivery due to the absence of the recipient at the address specified in the order form, after two failed delivery attempts, the package will go "in stock". In the event of failure to collect the Product within five working days from the day following that in which the courier left the notice of passage, the contract will be considered terminated and the purchase order consequently canceled pursuant to art. 1456 of the Civil Code, once the contract has been terminated, the costs of delivery of the unsuccessful product will be charged to the Customer, as well as the return costs charged by the courier to Daring Group srl and any other expenses incurred from the following day on which the courier has left the notice of passage. Daring Group srl will therefore reimburse only the difference by scaling these latter expenses from the order amount, the refund amount will be communicated to the customer via email.
In the case of multiple orders from the same customer, the products contained in the multiple order will be delivered simultaneously. If a purchased product is not delivered or is delivered late with respect to the delivery terms indicated, the customer grants Daring Group srl an additional term to carry out the delivery ("Additional Term ex art. 61, III comma, Consumer Code") , if even this additional period elapses without the order being delivered, the customer is entitled to terminate the contract ("Termination of the contract pursuant to art. 61, paragraph III, Consumer Code") and the amount paid will be fully refunded. In the event of late delivery, Daring Group srl must promptly notify the customer via email, simultaneously indicating a new delivery term which must be accepted by the customer via email. In the event of delivery with a delay equal to or greater than 10 days, Daring Group srl recognizes that the customer requests the reimbursement of the delivery costs and any other costs related to the delivery, within 10 days of the request.

Guarantee of non-compliant products (RETURN - REFUND AND REPLACEMENT)

Daring Group srl is responsible for any defect in the products on the Site, including the non-conformity of the items with the products ordered. The Consumer, when the product purchased does not comply with what is promised by the seller (or by advertising), or more generally has a defect of conformity, is protected by the legal guarantee known as its conformity, provided for by the Consumer Code (Legislative Decree 205/2006, Articles 128 et seq.).
The only person responsible (under the contract) towards the Consumer, regardless of whether the defect depends on another person in the distribution chain (for example the manufacturer), is the seller. In other words, it is the seller who must respond directly and personally to the Consumer's requests, taking on any possible burden. 130 of the Consumer Code provides that the consumer has the right to restore, without charge, the conformity of the goods by means of two types of remedies:
- (primary remedy), repair or replacement with a similar good;
- (Secondary and possible remedy in the event that the first is not feasible or too expensive), price reduction in accordance with the reduction in value of the property due to the defect, or at the consumer's choice termination of the contract with return to the consumer of the quantum paid and contextual return to the seller of the defective goods.
This guarantee is valid provided that the following conditions are respected: - the defect occurs within 2 years from the date of delivery of the products; - the Customer must submit a formal complaint stating the defects within a maximum of 2 months from the date on which the defect was recognized; - the return procedure is correctly followed. All costs of returning a defective product shall be borne by the Vendor.

Payment

Land ways to make the payment of the purchased products and shipping and delivery costs are clearly indicated in the table "payment" in the site
In the event of payment with a valid credit card when ordering, the name on the credit card must be the same as that indicated on the billing information.
If the Customer, once the package has been received, wishes to make use of the right of withdrawal, after having already paid for the purchased products, the Seller will credit the amount to be refunded directly on the credit card with which the payment was made, the same if the payment is made through Paypal, the refund will be made through the same circuit and so on also for other payment systems;

Right of withdrawal

The Consumer has the right to withdraw from the contract concluded with the Seller without specifying the reason and without any penalty by notifying the Seller within 14 days from the moment the goods are delivered to the Customer or to a designated third party. The seller has the obligation to return the price paid in the shortest possible time and in any case within the maximum period of 14 days from the receipt of the communication. The consumer must arrange for the return of the goods, always within the term of 14 days from the date of sending the communication relating to the withdrawal. For contracts concerning the sale of goods, an essential condition for exercising the right of withdrawal is the substantial integrity of the goods to be returned. The consumer is only responsible for the decrease in value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and functioning of the goods themselves. The Product may be tried, tested or verified but must not have been used, washed or damaged; it must therefore be kept with normal diligence and returned intact, perfectly suitable for its intended use and free of signs of wear or dirt, of fragrances other than the original ones, complete in all its parts, packaged as at the time of shipment, with identification tags, labels and disposable seal, if any, still attached to the In order to assert the right of withdrawal, the following conditions must be respected:

• the Products must be returned in their entirety even in the complete case,
• the customized products at the customer's request cannot be returned
• the returned Products must not have been used, worn, washed or damaged;
• the returned Products must be returned in their original packaging;
• the returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products from the same Order returned and shipped at different times

The Products sold in our e-commerce are original and are sent in their authentic packaging; during the return phase, the Products must be returned as received, possibly in their original packaging, and including any accessories (labels, tags etc ...) The identification tag, which must still be attached to the Products with the disposable seal, represents part integral part of the Product. Furthermore, in order to protect hygiene, the user is invited to try on the Products in his own underwear. In any case, the Products must not show any signs of use. The customer must return the Product to Daring Group srl using a carrier of his choice and incurring the costs of returning the Product which are charged to the customer. The customer can request the replacement of the product with another on the site or request a refund.
If you request the replacement of one or more ordered items, these must be sent to the seller (the cost of returning the product is charged to the customer) who as soon as he receives the return will ensure the integrity of the returned product will send the new one replacement product (the shipping costs of the new item are paid by the Seller).
In the event of withdrawal by the customer, any charges or customs duties indicated at the time of purchase of the goods are charged to the customer and will not be refunded. The refund of the amount paid by the customer by Daring Group srl will be made within 14 days from the actual receipt of the returned products using the same means of payment used by the customer at the time of the order. If it is not possible to make the refund through the same payment method, the customer will provide the complete bank details so that Daring Group srl can make the refund. If the product for which the right of withdrawal was exercised has suffered a decrease in value due to the customer's failure to comply with the return rules, the amount to be reimbursed will be reduced by an amount equal to this decrease in value, giving the due explanations to the Customer via email.

Treatment of personal data

Customer data are processed by Daring Group srl in accordance with the provisions of current legislation on the protection of personal data, as specified in the information in the specifically dedicated section, called "Privacy Policy".

Communications and complaints

All communications or any complaints from the Customer to Daring Group srl regarding the Purchase Contracts, must be communicated through the following email: info@daringgroup.it 

Intellectual property rights

All trademarks (registered and unregistered) ), any and all intellectual work, distinctive sign or denomination, image, photograph, written or graphic text and more generally any other intangible asset protected by international laws and conventions on intellectual and industrial property, reproduced on the Site they remain the exclusive property of Daring Group srl, without the Customer having any right to access them from the access to the Site and / or from the Stipulation of the Purchase Agreements. Any use, even partial, of the same is prohibited without the prior written authorization of Daring Group srl.

Applicable law

CONSUMER JURISDICTION The provisions of articles 17 and following of EU regulation no. 1215/2012 (entered into force in January 2015), concerning jurisdiction, which identify the territorial jurisdiction (mandatory by the parties) in the judge of the state where the consumer has his domicile.
COMPETENT JURISDICTION • The provisions of art. 25 of EU regulation no. 1215/2012 (entered into force in January 2015), concerning jurisdiction, which leave the parties freedom of choice to establish a conventional forum (approving the related clause expressly in writing) and, failing that, identify the territorial jurisdiction of the judge of the state where the defendant has his domicile.
CONSUMER APPLICABLE LAW • Community regulation no. 593/2008 (harmonized with Directive 2011/83 / EU), whose rules establish that the law of the state in which he habitually resides applies without exception to the consumer, both for the formal validity of the contract and for the contractual relationship.
CONSUMER APPLICABLE LAW • Community regulation no. 593/2008 (harmonized with Directive 2011/83 / EU), whose rules establish that the law of the state in which he habitually resides applies without exception to the consumer, both for the formal validity of the contract and for the contractual relationship.

For the payment of the price of the products and the related shipping and delivery costs, you can use the methods indicated in the order form and which are summarized below:

- Nexi Pay
- PayPal

WARNING: We remind you that the goods will be shipped only after confirmation of actual receipt of payment!