TERMS AND CONDITIONS
Art.1 General Provisions
This website is property of Davide Cenci & Figli srl ("Davide Cenci" or, alternatively, the "Owner"). Navigation and purchasing on this website ("Site") implies acceptance of the provisions set out in these terms of use ("Terms and Conditions") by the user ("User"). Users who do not accept the content of the present Terms and Conditions should stop any activities on the Site.
Davide Cenci reserves the right to modify, in whole or in part, the Terms and Conditions at any time and without prior notice. Users who do not accept such modifications should consider whether or not to continue navigating on the Site; in fact, the use of the Site following the publication of the aforementioned modifications represents acceptance of the same on the User’s part.
Art 2. Subject
The Site displays, publishes, promotes, sells and distributes the Owner’s products ("Products") under the registered brands of Davide Cenci and other trademarks, whether registered or unregistered.
These Terms of Use do not confer either the Users or the customers that buy Products or services on the Site ("Customers"), or to third parties, any right to use the Owner’s Trademarks; Users, Customers and third persons are reminded moreover that the use of such Trademarks for business, commercial or promotional purposes is strictly forbidden without the prior written consent of the Owner.
Art 3. User Registration
In the event of the creation of a personal account on the Site (“Personal Account”), the User commits to provide personal information (“Personal Information”), which is true and accurate at the time of registration and to update it regularly.
Users are invited to provide true and accurate personal information and to update their Personal Information as provided at registration where such is out of date, and to read the Privacy Policy and the Cookie Policy in relation to the processing of Personal Information and the rights of Users set forth by the applicable privacy protection law.
Following the electronic registration, the User shall receive an email confirming the acceptance on the Site and the creation of its Personal Account.
Users can use the Site and the Site Content exclusively for personal purposes, outside of any commercial purpose, and in a way that conforms with the Terms and Conditions, as well as all the applicable laws.
The Owner reserves the right to interrupt or suspend access to or use of the Site for one or more Users, even without prior notice, where it considers that the Terms and Conditions of the Site have been breached or where it is necessary for reasons of security.
Registered Users are invited to store their Personal Account access credentials in an appropriate manner and not to divulge them. Registered Users are responsible for all activity carried out via their Personal Account and may be held liable for any damages of any kind resulting from the improper use of their Personal Account access credentials or for any abuse of the services provided by the Personal Account.
Art 4. Contract of sale
Davide Cenci invites every User visiting the Site to view the Contract before completing an order for purchase of products on the Site ("Order"). The purchase of products on this Site implies the acceptance of the present Terms and Conditions.
Any modification or amendment to these Terms and Conditions will immediately become effective after being published on this Site and will regulate all the subsequent sales of Products.
In order to consider a contract of sale (“Contract”) effective, Users shall fill and submit the Order information form within the Checkout section following the Site directions. The User shall also confirm every information of the Order such as Product detail and image, price, size, shipping fees and payment method.
All such information must be true, accurate and up to date.
Following the completion of an Order, the Customer will receive a confirmation email that summarizes Order information. Such communication serves to notify the User that the Order has been received, and to provide them with the relevant unique identifying number for the Order. It does not in any way represent acceptance of the Order on the part of Davide Cenci.
The acceptance of the Order on the part of Davide Cenci will take place only when the latter sends the purchase confirmation to the User by email ("Purchase confirmation"), usually at the same time as the despatch of the Products. The relevant Contract should be considered finalised at the time of receipt of the Purchase confirmation on the part of the User.
Art 5. Availability
All the products displayed on this Site reflect the current availability of the item in color and size at the time of the Order. Before sending the Order Confirmation email to the User, Davide Cenci reserves the right to refuse acceptance of an Order at its discretion. It may in fact occur that the Site erroneously displays Products that are not available at that time.
In the case of partial or total unavailability of the Order, our Customer Service will contact the User to offer (a) a substitute Product (b) cancellation of the Order. In the latter case, the User shall be exempt from any charges.
Art 6. Prices and payment methods
Davide Cenci will proceed to charge the price of the purchase ("Price") at the same time as the acceptance of the Order. However, prior to the acceptance of the Order, security and financial checks may be carried out regarding the Payment method chosen by the User, or a pre-authorisation or a pre-charge for the sake of caution.
Orders may be made using major credit cards, debit cards or other methods of payment available on the Site ("Payment methods") – I.E. Paypal, Visa, Mastercard, Maestro, American Express.
All the prices published on this Site are accurate and inclusive of VAT ("Prices"). Shipping fees are not included. In regard to this matter, Davide Cenci invites the User to consult our Shipping page.
The total amount shall be visible in the summary of the Order during the Checkout procedure.
In the event of a recognisable error, Davide Cenci reserves the right to refuse acceptance of an Order for reason of error in the Price published on the Site. Davide Cenci will immediately inform the User to confirm the Cancellation of the Order.
Davide Cenci reserves the right to modify, in whole or in part, the Prices on the Site at any time and without any prior notice. Any amendments made to the Prices will have effect from the date of their publication on the Site, with no retroactive effect on Orders that have already been accepted via a Purchase confirmation.
Art 7. Quality guarantee and Products conformity
The guarantee of conformity of Products sold on the Site lasts for a period of 12 (twelve) months from the date of receipt of the Products on the part of the User.
Davide Cenci guarantees the User that Products sold on the Site are not defective and that they conform to what is stated within the Product Integrity section below.
For technological reasons, neither Davide Cenci, nor the Site can guarantee that the visualisation of the colours on the screen will always be accurate.
Marginal differences between the description of the Product on the Site and the actual characteristics of the Product will not be considered cause for non-compliance of the Product for the purposes of the present Contract.
In the event that a non-compliant Product is delivered, the User will be able to request the reinstatement, at no expense, of the conformity of the Products by way of repair or replacement.
Where that is not possible, the User will have the right to a correspondent reduction in the Price of the purchase or to the refunding of the Price and (where incurred) the Shipping fees.
The mere notice and request sent for a reinstatement a non-compliant Product on the part of User does not in any way represent recognition of a failure of conformity of the Products on Davide Cenci’s part.
Art 8. Exchange
The User shall have the right to request the Exchange of a Product with a unit of the same Product of a different size within 14 (fourteen) days from the date of delivery of the Order.
Users who decide to request the Exchange of the Products as set out above must previously follow the Site instructions here.
After the fullfilment of the form, our Customer Service will send a specific email to the User to grant the Return Merchandise Authorization ("R.M.A."). The aforementioned authorization may nevertheless be rescinded in the event that Davide Cenci ascertains any failure to meet the conditions for the Exchange; for example, because more than 30 (thirty) days have elapsed from the date of delivery of the Products to the User.
Once receiving such communication, the User must without fail deliver the Products to the courier for the Exchange within 10 (ten) days of the date of receipt of the R.M.A
Once the Integrity requisites for Exchange of the Product have been verified, our Customer Service will inform the User of its acceptance and will proceed to the replacement of the Product.
Davide Cenci will not be able to recognise any right of Exchange to any User who shall return the Products without complying with the prerequisites set above. In such case, Davide Cenci will return the Product to the User, reserving the right to charge any subsequent shipping fees to the same.
Art 9. Return
The User shall have the right to request the Cancellation or the Return of a Product within 14 (fourteen) days from the date of delivery of the Order.
Users who decide to request Cancellation or Return of the Products as set out above must previously follow the Site instructions here
After the fullfilment of the form, the Seller will send a confirmation to the Customer via email, including the Return Merchandise Authorization ("R.M.A."). The aforementioned authorization may nevertheless be rescinded in the event that Davide Cenci ascertains any failure to meet the conditions for the Exchange; for example, because more than 30 (thirty) days have elapsed from the date of delivery of the Products to the User.
Once receiving such communication, the User must without fail deliver the Products to the courier for the Exchange within 10 (ten) days of the date of receipt of the R.M.A
Our Customer Service will inform the User of its acceptance and will proceed to the replacement of the Product.
Once the Integrity prerequisites for Return have been verified, our Customer Service will inform the User of its acceptance and will proceed to refund of the Order amount. Shipping fees will be deducted as considered, in fact, the cost for a service.
Provided that the User has correctly followed the present procedure, the shipping fees for the Return shall be entirely at the expense of Davide Cenci.
Davide Cenci commits to undertake the Refund procedure described above within 14 (fourteen) days from the date of receipt of the returned Products. Refund shall be made via the same Payment method used by the User for the Order.
Provided the conditions of Return described above have been met, the User will be able to return personally, or delegate such duty to another person, the Products purchased on the Site.
Davide Cenci will not be able to recognise any right of Return to any User who shall return the Products without complying with the prerequisites set above. In such case, Davide Cenci will return the Product to the User, reserving the right to charge any subsequent shipping fees to the same.
Art 10. Product integrity
Any requests for Exchange or Return of the Products purchased on the Site by the User must observe the Product integrity of Davide Cenci.
That is, in particular, the compliance of the following:
The returned Products should be sent back with all labels, safety tags, packaging and accessories (cases, hangers, garment covers, etc.) that came with the Order;
The Products, labels, packaging and accessories should not show any sign of usage, or scratches, or have been changed in any way (worn, washed, stretched, etc.) and should be sent back in the same condition in which they were sent out by Davide Cenci and in their original internal packaging.
Davide Cenci reserves the right to refuse any Refund or Exchange where the aforementioned conditions are not met by the User.
In fact, the User shall be considered liable for any diminished value of the Products resulting from all manipulation other than that necessary to establish the nature, characteristics and functioning of the Products.
Art. 11. Gift Card
The Davide Cenci Gift Card (“Gift Card”) is fit to purchase every product at Davide Cenci (Rome, Rome Junior, Milan) and online at davidecenci.com with the exception of any another Gift Card. Upon proceeding with any purchase – online or in-store - the Gift Card must be registered on Davidecenci.com by the Gift Card titleholder using the Code received via email.
The Gift Card is valid for 12 months from the date of issue and is non-refundable. Once the validity period has expired, the Gift Card cannot be used, whether already used or not.
The Gift Card cannot be used as a credit card, hence it cannot be reloaded, traded or exchanged for money.
The Gift Card is valid for both single and multiple transactions.
In the event of the Gift Card’s balance being non-sufficient to cover User’s selected item(s), the difference must be settled through the supported online or in-store payment methods.
Purchasing and using the Davide Cenci Gift Card on this website ("Site") implies acceptance of the aforementioned terms and conditions.
Art 12. Applicable law and disputes
These Terms and Conditions and the Contracts formed under the same rules are governed by Italian law.
All disputes relating to the present Terms and Conditions and the relevant Contracts made under the same rules will be recognised by the competent Court in the place of domicile or residence of the Customer, based on the applicable law. The possibility of promoting the extra-judicial resolution of disputes is guaranteed, as set out by articles 66 and 141 of the Consumer Code.