§ 1 Definitions

Price list – presentation of prices of goods with their descriptions posted on the Store’s website at: https://deam.store/

Contact details – [email protected]

Delivery – a type of transport service consisting of the delivery by the seller to the customer, via the supplier, of the goods specified in the order together with the supplier and the cost specified in the delivery price section.

Supplier – a courier company with which the seller cooperates in the scope of delivery of goods.

Proof of purchase – invoice, bill, or receipt issued in accordance with applicable regulations.

Product card – a single store subpage containing information about a single product.

Customer – an adult natural person with full legal capacity, legal person, or organizational unit without legal personality but having legal capacity.

Consumer – a customer who is a natural person making a purchase from the seller not directly related to his business or professional activity.

Basket – a list of products prepared from products offered in the store based on the buyer’s choices.

Buyer – both consumer and customer.

Place of delivery – postal address or collection point indicated in the order by the buyer.

Handover time – the time when the buyer or a third party indicated by him for pickup takes possession of the item.

Payment – method of payment for the subject of the agreement and delivery.

Consumer law (or Consumer Act) – the Consumer Rights Act of 30 May 2014.

Product – the minimum and indivisible quantity of items that can be the subject of the order, and which is provided in the seller’s store as a unit of measure when determining its price (price/unit).

The subject of the Agreement – products, and delivery subject to the agreement.

Collection point – the place of delivery of the product to the buyer by the seller.

Regulations – the regulations herein (in the Online Store).

GDPR – Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

Store – the website available at https://deam.store/  through which the buyer may place an order.

Seller – Deam Store team.

Completion date – the number of hours or working days specified on the product card.

Goods – Products sold by the seller via the online store website.

Agreement – Agreement concluded outside the business premises or at a distance as provided in the Act on consumer rights of 30 May 2014 in the case of consumers and a sales agreement as provided in Art. 535 of the civil code in the case of buyers.

Defect – both a physical defect and a legal defect.

Order – the Buyer’s declaration of intent made through the Store clearly stating: the type and quantity of products; type of delivery; payment method; place of delivery, Buyer’s data directly aimed at concluding the Agreement between the Buyer and the Seller.

§ 2 General terms and conditions

1.      The agreement is concluded in Italian, in accordance with Italian law and these Regulations. If the Order is placed on a foreign language version of the Store, the agreement is concluded in a language version chosen by the Customer, in accordance with Italian law and these Regulations.

2.      The Seller is obliged and agrees to provide services and deliver items free from defects.

3.      All prices provided by the Seller are in Euro. Product prices do not include the cost of delivery, which is calculated at the Basket summary before placing the Order. Delivery costs may depend on the delivery option chosen by the Customer as well as the location and payment method.

4.      The Seller does not grant the Buyer a guarantee as provided in Art. 577 of the Civil Code.

5.      Future confirmations, access, consolidation, and protection of all relevant provisions of the Agreement allowing gaining access to this information shall be formally documented by
sending an e-mail with attachments to the address provided by the Buyer and in paper form, together with relevant required attachments to the completed Order, in accordance with applicable regulations.

6.      The Seller provides the Buyer using the system that the Store works correctly in the following browsers: Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, and Apple Safari. The latest browser versions should be used. Using other browsers or their older versions does not guarantee the correct operation of the Store.

§ 3 Conclusion and implementation of the Agreement

1.      Orders can be placed around the clock (24/7).

2.      In order to place an Order, the Buyer should perform at least the following steps, which can be repeated as needed:

·       Add a product to the Cart;

·       Select the Delivery type;

·       Select Payment type;

·       Select item Delivery;

·       Place an Order in the Store.

3.      Available payment methods will be displayed when placing the order. The Customer chooses the payment method.

4.      The Seller may allow the Customer to take advantage of special discounts by providing codes, promotional coupons, or gift cards. The condition of using the discount is:

a.      Registration of the coupon or entering the code before completing the Order by clicking the “BUY” button (or equivalent);

b.      Registering a coupon or code with a value lower than the purchase value. A discount sale cannot be completed if, after using the coupon, its purchase value was equal to or lower than € 0.

5.      The Agreement with the Buyer is concluded:

a.      Upon Seller’s receipt of payment for the Order, about which the Seller informs the Buyer by sending a message confirming acceptance of the Order to the e-mail address provided by the Buyer
– if the Buyer chooses the option of payment by bank transfer or via an electronic payment system.

6.     If the Buyer fails to collect the Order delivered by the Seller, the Agreement is deemed as canceled by the Buyer. The provisions of § 4 shall apply accordingly.

7.      If all or some of the ordered items are unavailable, the Seller shall inform the Customer by telephone or e-mail. In such a situation, the Buyer may, at his own discretion:

a.      Cancel Order in full;

b.      Cancel the part of the Order;

c.      Agree to extend the delivery date
depending on the chosen alternative product.

Notifying the Seller by e-mail
Lack of information from the Buyer within 3 business days from the date of Seller’s notification about the unavailability of the goods shall be tantamount to cancel the Order, about which the Seller notifies the Customer by e-mail. The refund of the sale price is accomplished in the same way as the method of payment within 3 business days from the day of Order cancellation.

8.      The time of delivery of the Goods depends on the availability of the Goods. The Customer will be notified by email about the approximate delivery date.

9.      When collecting the Order, the Customer is required to check the parcel’s condition while the courier is present. In the event of any damage or signs of infringement of the entire
shipment, the Customer and Courier shall draw up an appropriate report, copies of which shall be sent by the Customer immediately to the Seller by e-mail.

§ 4 Right to withdraw

1.      Pursuant to Art. 27 of the Consumer Law, the Consumer has the right to withdraw from a Distance Contract, without giving a reason and without incurring costs, except for the costs specified in Art. 33 and Art. 34 Consumer Law.

2.      The withdrawal period from the Contract concluded remotely is 1 day from the date of delivery of the Goods and to meet the deadline it is enough to send a statement before its expiry.

3.      The Consumer may submit a statement of withdrawal via e-mail

4.      The Seller excludes the possibility of submitting a statement of withdrawal from the Contract in a form other than in writing.

5.      The Seller will immediately confirm to the Consumer by e-mail (provided when concluding the Agreement or other means, if provided in the submitted declaration) that he received a statement of withdrawal from the Agreement.

6.      A withdrawal from the Agreement results in the Agreement being considered null and void.

7.      The Consumer must return the Goods to the Seller immediately, but no later than 3 days after receiving the package.

8.      The Consumer sends back the Goods referred to in point 7, at his own expense and risk. 

9.      Returned goods should be new, unused, with all original price tags and labels attached, in the same condition and packaging in which they were delivered. The packaging can be opened as necessary to check the compliance of the Goods with the concluded agreement. If the returned goods fail to meet the above criteria, in accordance with Art. 34 section 4 of the Consumer Act, the Seller shall draw up a damage report, specifying the type and amount of damage and send the damage report to the Buyer within 7 days from the date of receipt of the returned Goods. Also, the customer should be notified that she/he will not be eligible for the refund and will get the product back.

10.   The Consumer shall be liable for reducing the value of the Goods as a result of improper use, exceeding the extent necessary to establish the nature, characteristics, and functioning of
the Goods.

11.   The Seller shall refund all payments made by the Consumer, including the costs of delivering only if the product meets all the above-mentioned criteria and doesn’t show any sign of usage.

12.   If a discount coupon was used, the basis for claims for refund of the purchase price to the Consumer is the actual purchase price incurred after deducting the calculated discount, not the price indicated in the price list. If the coupon was used to purchase more than one product, its value for the purposes of exercising the Consumer’s rights is determined in proportion to the reduced price relative to the entire Basket of Goods subject to discount. The price ratio of each Product before the discount is assumed as the basis for calculating the price of individual Products after the discount. This reservation does not apply to gift cards which, as regards the Consumer’s rights, are treated as a substitute for cash.

13.   In accordance with Art. 38 of Consumer Law, the Consumer cannot withdraw from the Agreement:

·       Where the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or to satisfy his individual needs (e.g. a dress specifically designed for the customer);

·       Where the subject of the service is an item delivered in a sealed package, which, after opening the package on or after delivery, cannot be returned due to hygiene reasons (e.g. bra);

·       Where the subject of the service are items that after delivery, due to their nature, are inseparably connected with other things (e.g. Summer sets).

§ 5 Warranty

1.      Pursuant to Art. 558 §1 of the Civil Code, the Seller completely excludes liability for physical and legal defects (warranty) to Customers who are not Consumers.

2.      The Seller shall be liable to the Consumer on the terms set out in Art. 556 of the Civil Code and subsequent for defects (warranty).

3.      If the item sold has a defect, the Consumer may:

·       Submit a request for a price reduction;

·       Submit a statement of withdrawal from the Agreement;

Unless the Seller immediately and without undue inconvenience to the Consumer, replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect, he/she loses the right to exchange the item or remove the defect.

4.      The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the item for a non-defective one or instead of the replacement of the item demand the removal of the defect, unless bringing the item into compliance with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, while the assessment of excessive costs includes the value of the item free from defects, the type and significance of the defect found and also the inconvenience to which the Consumer would otherwise be exposed.

5.      The Consumer may not withdraw from the contract if the defect is insignificant.

6.      The Seller must replace the defective item for a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Consumer.

7.      The Seller may refuse to satisfy the Consumer’s request if bringing the defective item into conformity with the Agreement according to the Buyer’s request is impossible or would require
excessive costs compared to the other way of making it compliant with the Agreement.

8.      The Consumer who exercises the rights under the warranty must deliver the defective item to the complaint address at the expense of the Seller. In the event of non-performance of the obligation by the Seller, the Consumer has the right to return the item at the expense and risk of the Seller.

9.      The costs of replacement or repair are charged to the Seller (subject to the provisions of Art. 561¹  of the Civil Code).

10.   The Seller must accept a defective item from the Consumer to exchange the item for a non-defective one or accept the Consumer’s withdrawal from the Agreement.

11.   Within 14 days, the Seller shall respond to:

·       Price reduction requests;

·       Statements of withdrawal from the Agreement;

·       Requests to replace the item with one free of defects;

·       Defect removal requests.

Otherwise, the Consumer’s statement or request shall be deemed justified.

12.   The Seller shall not be liable under the warranty if a physical defect is found after opening the package and checking the quality of the product. As all the products are checked carefully
for possible faults beforehand and hence, they will not have any defects caused in the production process.

13.   It is the Consumer’s responsibility to check that the Goods have not been damaged during transport at the time of receiving the Goods from the Supplier and in the event of visible damages – to fill in the appropriate report in accordance with the Supplier’s standards in this respect. The warranty does not cover visible physical damage to the Goods unless they were reported by the Consumer to the courier at the time of receipt.

14.   In the case of physical damage invisible at the time of receipt (e.g. rupture of dress), the condition of the right to use the warranty in this regard is to report the damage to the Seller
within 3 days of receipt of the Goods.

15.   The expiry of any period for identifying a defect does not prejudice the exercise of warranty rights if the Seller has fraudulently concealed the defect.

§ 6 Privacy policy – Personal Data

1.      The Controller of personal data sets provided by the Store’s customers is the Seller, Deam Store.

2.      The Seller agrees to protect personal data in accordance with applicable provisions on the protection of personal data and the Act on the provision of electronic services and in accordance with Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on
the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

3.      Customer’s personal data provided during registration or placement of orders will be processed by the Seller solely for the purpose of completing orders and marketing the Seller’s own
services (e.g. information about current promotions, new store options, or sending a newsletter).

4.      The legal basis for data processing is the agreement between the Customer and the Seller or an exchange of correspondence to conclude the contract (Article 6 (1) letter and GDPR) as well as the legitimate interest of the administrator in sending marketing information and maintaining contact with the customer (Article 6 (1) letter f GDPR).

5.      Store Customer data may be entrusted to a delivery company, cooperating with the Store, a company providing financial and accounting services for the Store, an IT company operating the Store and producers or distributors of the Goods, if the specificity of the order requires it or it is necessary for its implementation. If the Customer uses the form of payment through a third-party company that supports this payment (e.g. PayPal), the Customer’s data will be entrusted to this company only to the extent of making payments – in accordance with its privacy policy.

6.     The Customer’s data will be processed from the time of placing the order until the expiry of the limitation period applicable in accordance with the civil law for the given type of transaction – solely to protect against possible claims of the Customer and to enable the exercise of his rights – e.g. under warranty or guarantee.

7.      The Customer has the right to access, rectify, update and delete his personal data at any time, or request the transfer of personal data to another Controller and to object to the processing
of personal data for the purposes of marketing the Seller’s own services.

8.      The Controller does not use data profiling to assess Users’ personality traits nor does it use automated decision-making algorithms in this regard.

9.      Use of this site requires personal data processing of a client in the following matter: Personal information to process the order (for example first name and last name, phone number, e-mail, billing address, etc.). Data will be processed by: Deam Store in a way that is crucial to agreeing on a contract, as well as its fulfillment. Transaction data, in that personal data, can be used for creating a customer profile and providing appropriate service. A client has the right to see the content of his data and any corrections made to it. Sharing of information is voluntary, however, at the same time, it is crucial to use this site.

§ 7 Cookie policy

1.      The Seller may register Cookies on his websites. Cookies are small text files stored on the Customer’s computer, which store some of the Customer’s activities on the Seller’s websites.

2.      Cookie files may contain information about the subpages opened by the Customer as part of the https://deam.store/ website, saved passwords (e.g. login passwords), order history, the IP number of the Customer’s computer, location from which the customer logged in to the website https://deam.store/. The type and specification of the device that the Customer used to log in (e.g. a smartphone, tablet, or personal computer), type and version of the web browser used by the Customer, auto-complete text fields, and checkboxes based on the previously entered information.

3.      Cookies are used by the Seller for statistical purposes, to develop and adapt offers to the needs of customers, optimize the website and its presentation, and improve the speed and stability of operations, plus for marketing purposes by turning on the display of personalized marketing messages and proposed product lists, based on site activities.

4.      The data saved in cookies may be, to a limited extent, automatically made available to Google Inc. with its registered office in the United States in connection with the use of the Seller
services such as Google Pixel, Google Maps, and Google Analytics. If the person visiting the Seller’s websites does not agree to this sharing, he may independently disable this option in the web browser settings according to the manufacturer’s instructions.

5.      The use of cookies is voluntary and fully controlled by the Customer. Cookies can be disabled and if they are already registered, deleted from the memory of the web browser settings, while most web browsers by default include active consent to the registration of cookies. Cookie deactivation and deletion are specified in the settings of the specific browser.

6.      Disabling cookies may limit the functionality of the website provided by the Seller, e.g. prevent it from remembering the Shopping Basket.

7.      More information about cookies, including how to disable them, can be found on websites dedicated to cookies e.g. https://support.google.com/adwords/answer/2407785

§ 8 Final Provisions

1.      No provision in these Regulations is intended to violate the Buyer’s rights. It also cannot be interpreted in this way, because in the event of non-compliance of any part of the Regulations with the applicable law, the Seller declares absolute compliance with and application of this law in place of the challenged provision of the Regulations.

2.      The Seller reserves the right to cover certain Products with a separate promotion.

3.      The current version of the Regulations shall always be available to the Buyer in the Regulations tab. During the implementation of the Order and throughout the entire period of after-sales care of the Buyer, the Regulations he accepted when placing the Order shall apply, except for the situation when the Consumer finds them less favorable than current and informs the Seller about the selection of the current ones as binding.