Online Terms and Conditions
The offer and sale of products with the brands "DIESEL" or the like (the "Products"), marketed distributed and/or sold by Reviva Technology Proprietary Limited, registration number 2004/004006/07 of 160 Gunners Circle, Epping Industria, Cape Town, South Africa ("Seller") as the exclusive distributor of the Products for and on behalf of DIESEL S.p.A., with registered offices in Italy, via dell'Industria 4-6, Breganze 36042 ("Diesel Principal"), through the diesel.co.za web site (the "Site") are governed by these general terms and conditions ("General Terms and Conditions"). For the avoidance of doubt, the Diesel Principal does not and will not have any control over the Site.
The Business Policy of the Seller
1.1 The Seller offers Products for sale on the Site and makes available its e-commerce business services exclusively to its end users, which are qualifiable as "consumers" (users of the Site hereinafter referred to as "Buyers" and each of them "Buyer"). The term "consumer" shall mean any individual who is acting for purposes which are outside of trade, business or professional activity, on the contrary, the term "professional" shall mean any individual who is acting for purposes connected to the above mentioned activities.
1.2 If the potential Buyer, does not fall under the legal definition of "consumer" but, on the contrary, can be qualified as a "professional", according to clause 1.1, the same is advised to refrain from entering into commercial transactions on the Site.
1.3 In view of its commercial policy, the Seller reserves the right not to process orders from Buyers who are not "consumers" and/or, however, any other order which does not comply with its trade policy and/or is not in line with the provisions hereinafter.
1.4 These General Terms and Conditions regulate the relationship between each Buyer and the Seller, with reference to the offer, transmission and acceptance of purchase orders addressed to the Seller through the Site.
1.5 These General Terms and Conditions do not regulate the supply of services or the sale of products performed by third parties other than the Seller who is given visibility on the Site through links, banners or other hypertext links. Before submitting orders and purchasing products and services from these third parties, we recommend that the Buyers carefully verify the General Terms and Conditions, since the Seller shall under no circumstances be deemed liable for the supply of services and/or sale of products provided by third parties and/or, in general, the execution of e-commerce transactions between the Buyers of the Site and third parties.
How to enter into a contract with the Seller
2.1 The Orders cannot be performed by minors and people with incapacity. The Buyer, in order to conclude the contract with the Seller to place an Order for the purchase of one or more Products on the Site (the "Contract"), will proceed by filling out the order in electronic format and as directed, (the "Order Form"), to be displayed to the Buyer and by forwarding this form to the Seller immediately before the conclusion of the Contract, electronically, following the instructions that will be reported in the different driving phases at the conclusion of the Contract.
2.2 Before proceeding with the purchase of Products, through the submission of the Order Form, the Buyer will be asked to carefully read the General Terms and Conditions and specifically the Returns Policy. Furthermore, the Buyer will be presented with a list of the commercial and contractual conditions proposed by the Seller for the purchase of Products, which contains a cross reference to the General Terms and Conditions together with a summary of the data shown subsequently which data may include: main characteristics of each product - object of the Orders - with an indication of the selling price in ZAR (inclusive of all applicable taxes and fees); methods of payment which the Buyer may use to purchase the Products; methods of delivery of the Products; methods of processing and handling of complaints by the Seller; shipping costs and delivery of the Products; the date by which the Seller undertakes to deliver the Products. The Seller shall also provide to the Buyer a summary of conditions and procedures for exercising the right of return, as well as the manner and the time frame for returning the purchased Products as set out and subject to the subject to the Returns Policy. The Buyer will also be informed of the circumstances in which the same can exercise its right to terminate the Contract. When all the conditions are met as set out in the Returns Policy, the Buyer will be charged for the return costs.
2.3 The Order Form will provide brief information about the main characteristics of each product purchased, its price (including all applicable fees and taxes) and shipping costs (including any additional costs incurred for having opted for a specific type of shipment and different and/or faster delivery, if applicable, than that defined by the Seller as "standard"). The Contract is deemed completed upon receipt, by the Buyer, of the Order confirmation sent by the Seller electronically, after the Seller will have verified the correctness of all the information contained in the Order Form completed by the Buyer.
2.4 Once received by the Seller, the Order Form will be filed in the Seller’s database for the time required to process the Orders, and in any case always in accordance with the law. The Buyer may access the Order Form, referring to "My order" section (if applicable).
When submitting the Order Form, the Buyer will be notified that such submission implies the obligation to pay the price quoted. Before submitting the Order Form, the Buyer will be required to identify and correct any errors related to personal data; in any case, it is recommended to print and keep the Order Form.
2.5 English is the language used for the Contract with the Seller.
2.6 At the conclusion of the Contract, the Seller will process the Order to execute the Contract thereof.
2.7 The Seller may not process Orders that do not provide sufficient guarantees of solvency and / or which are incomplete or incorrect, or in the event that Products ordered are no longer available. In the above cases, the Seller will inform the Buyer by e-mail, that the Contract may not be fulfilled and therefore the Seller cannot carry out the Order, specifying the reasons. In the event the Products displayed on the Site, are no longer available for sale when the Buyer last accesses the Site or at the time the Order Form is transmitted, the Seller must inform promptly, and in any case within thirty (30) days from the day after the date of receipt of the Order, of the unavailability of the Products included in the Order. In these cases, if the Buyer had already submitted the Order Form and paid the relevant price, the Seller will refund the Buyer the amounts paid by the latter and the Contract will be terminated. The Seller will not be required to reimburse any other amount to the Buyer, for any reason.
2.8 By submitting the Order Form, the Buyer automatically accepts unconditionally and agrees to observe the General Terms and Conditions during its relationship with the Seller. If Buyer does not agree with any of the terms in the General Terms and Conditions, the Buyer should refrain from forwarding the Order Form.
2.10 Once the Contract has been entered into, the Seller will send to the Buyer through electronic mail a confirmation receipt of the Order.
Purchase Price and Product Guarantee
3.1 Only original Products are offered for sale on the Site and the Seller does not sell second-hand Products on the Site, products not in conformity, flawed Products and/or otherwise Products that fail to meet the quality standards in the corresponding market.
3.2 Notwithstanding the above, the Buyer acknowledges that the Seller is not the manufacturer of the Products, the Seller does not provide any guarantee as to the quality and suitability of the Products and accordingly the Seller shall have no liability (other than a potential acceptance of return in accordance with these General Terms and Conditions and the Returns Policy) towards the Buyer for any defective or faulty Products.
3.3 The main characteristics of the Products are shown on the Site on each "Product Page". The images and colors of Products offered for sale on the Site may not correspond to the actual products delivered for reasons which cannot be attributed to the Seller and, in any case, due to the Internet browser or any device used by the Buyers; The Seller expressly disclaims all responsibility and liability and the Buyer waives any claims it may have against the Seller in this regard.
3.4 The offers of Products on the Site, and the related prices, are applicable as long as are visible on the website and while stocks last. The Seller reserves the right to vary the catalogue of Products at any time and without notice. The Seller is not required to avoid the impact of the Products variations on possible choices in progress and for orders not yet concluded. Possible variations in price will be applicable also to Products already placed in the cart for purchases not yet concluded before such variations.
3.5 The purchase requests from Countries not included among those displayed under the section "Select your country" will not be accepted by the Seller.
Payment and ownership of Products
4.1 For the payment of purchase prices of Products and relevant shipping and delivery costs, the Buyer may choose between one of the procedures indicated on the Order Form or during the order process.
4.3 The price for the purchase of Products and the shipping costs, as indicated in the Order Form, will be charged to the Buyer’s bank account upon shipment of the Products purchased.
4.4 For the avoidance of doubt, ownership of the Products shall at all times remain vested in the Seller up until such time as the purchase price for the Products have been paid in full (to the satisfaction of the Seller).
Product shipping and delivery
5.1 The Seller will deliver the Products ordered to you via courier.
5.2 Where it accepts your order, the Seller will deliver or will procure that an authorized third party or will deliver the Products to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment ("Delivery Period"). The Buyer will be notified if the Seller is unable to deliver the Products during the Delivery Period. The Buyer may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Products. If you elect to cancel your order, we will reimburse you for the purchase price paid for the Products.
5.3 The Seller’s obligation to deliver any Products to you is fulfilled when delivered at the physical address nominated by the Buyer for delivery of the Products.
5.4 If the Buyer finds that any Products ordered were not successfully delivered or omitted from the delivery as per this paragraph 5, the Buyer must notify the Seller in writing within 2 days of the date on which the remaining Products were successfully delivered.
5.5 The Seller shall following receipt of a notification as aforesaid verify the information provided by the Buyer against the delivery records of the Seller. If determined by the Seller that all Products ordered were indeed not successfully delivered, the Seller will process and deliver such non-delivered Products as soon as reasonably possible.
Changes to these General Terms and Conditions
6.1 The Seller may, in its sole discretion and without notice to the Buyer change any of these General Terms and Conditions at any time. Should the Buyer not be satisfied with any part of the General Terms and Conditions, the Buyer is advised to refrain from entering into commercial transactions on the Site.
6.2 Any such changes to the General terms and Conditions will apply to the use of the Site after the change is displayed or published on the Site. The use of the Site after the date on which the changes are displayed will be deemed acceptance of the amended General terms and Conditions
- Data Protection
Limitation of Liability
9.1 The use of the Site is entirely at the Buyer’s own risk and the Seller expressly disclaims and shall not be held liable liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the Buyer’s access to or use of the Site and/or any content therein unless otherwise provided by law.
9.2 The Seller shall not be liable for any direct, indirect, special or consequential damages which the Buyer may suffer from or arising out of any cause whatsoever and the Buyer hereby indemnifies the Seller from any claims for damages or losses arising from or linked in any way to the Buyer’s use of the Site.
Circumstances beyond the Seller’s control
The Seller shall not be liable to you for any breach or delay in the performance of a Contract or processing of an Order Form attributable to any cause beyond the Seller’s reasonable control, including without limitation any act of God or natural disaster and unavoidable incident, actions of third parties, riots, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen or the any cause similar to or having the same effect as the causes stated in this clause 10 regardless of whether the circumstances in question could have been foreseen.
Governing Law and Jurisdiction
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and the Buyer submits to the jurisdiction of the South African courts.