GENERAL CONDITIONS OF ONLINE SALE OF PHYSICAL AND NON-FUNGIBLE TOKEN PRODUCTS

  1. General Provisions

1.1 These general conditions of sale (hereinafter, “General Conditions”) govern all sales of physical products such as clothing, footwear, accessories, etc.. (hereinafter, “Physical Products” or “Physical Product”) and so-called “Non Fungible Token” or “NFT” (hereinafter, “NFT”), related to the DIESEL brand (hereinafter, the “Brand”) owned exclusively by the company DIESEL S.P.A. with headquarters in Via dell’Industria, 2 – 36042, BREGANZE (VI), and concluded at a distance through the web page www.nft.diesel.com (hereinafter, the “Web Page”).

1.2 The distance selling service governed by the General Conditions is reserved exclusively for consumers for personal use (hereinafter, “Customers” or “Client”); “consumers” means natural persons, over 18 years of age, acting for purposes unrelated to their trade, business, craft or professional activity. 

1.3 The language used for the conclusion of sales contracts through the Website is Italian.

1.4 Customers are required to carefully read the General Terms and Conditions, available on the Web Page, in order to become familiar with them, to memorize and reproduce them. 

  1. Seller identification

2.1 The vendor is ART BACKERS S.R.L., with registered office in Cagliari, via Carloforte n. 60, enrolled in the Cagliari companies’ register with REA n. CA – 287988, C.F. and P.I. 03658740927 (hereinafter referred to as “Art Backers”).

  1. Important Information Regarding Physical Products and NFTs – Bundled Sales

3.1 NFT AND/OR PHYSICAL PRODUCTS ARE NOT A GIFT, PRIZE OR WIN. PHYSICAL PRODUCTS ARE SOLD IN CONJUNCTION WITH NFTS. CUSTOMER MAY ALSO PURCHASE PRODUCTS INDIVIDUALLY BASED ON OFFERS MADE AVAILABLE BY ART BACKERS ON THE WEB PAGE. PLEASE REFER TO RESOLUTION NO. 376704 OF NOVEMBER 30, 2016 OF THE MINISTRY OF ECONOMIC DEVELOPMENT FOR MORE INFORMATION REGARDING PAIRED SALES. 

  • Information regarding Physical Products and NFTs, and their pricing, is available on the Web Page
  • NFTs can be defined as cryptographic, non-fungible digital tokens, based on blockchain technology, representing a unique digital product. Therefore, this technology allows for the transfer of a digital asset, through the transfer of the NFT. The NFT can be considered either as a digital graphic artwork composed of graphics, video and/or sounds also through forms of animation (“Artistic NFT”), or as securities representing a specific service of access to specific events (“Event NFT”) through the connection between the NFT and a database that recognizes to the owner of that specific Event NFT the right of access to the specific event. The transfer of the NFT from one entity to another, although it occurs digitally, is essentially irreversible and non-duplicable in view of the reference blockchain used. In particular, there are widely used blockchain solutions that make such duplication or reversibility substantially impossible. NFTs, to date, are used in several specific applications that require unique digital objects. Among these applications, the use of NFTs in the world of art, fashion and music has recently spread internationally, allowing the marketing and sale of certain design or artistic products or specific services, through such cryptographic tokens which, given their uniqueness, can guarantee to its buyer, the unique ownership of the digital object. The non-fungibility of the NFT, determines therefore the possibility to transfer the property of the digital good incorporated in the NFT or of the service to the same connected, through the cession of the NFT same. 

3.4 The technology underlying the NFT is currently under development and testing. Therefore, Art Backers does not assume any responsibility for any technical issues regarding NFT and to this end please refer to what is provided in the following art. 3.11 and 3.12.

3.5 Art Backers has acquired the license of the Trademark for the marketing, promotion and sale of Physical Products and NFT and refers to what is provided for in art. 12 below regarding intellectual property. In particular, Art Backers intends to commercialize different categories of Physical Products and NFT as better described on the Web Page. 

3.6 NFTs may be sold either on the Web Page, operated by Art Backers, or on third party platforms, such as www.opensea.io, www.rarible. com, www.looksrare.org to which Customer may be referred when purchasing NFTs, according to the directions provided to Customer by Art Backers on the Web Page.

3.7 The purchase of the Physical Products and the NFT does not imply, in any way, transfer or license of the intellectual property rights relating to the Brand, to the digital contents, and anything else reproduced in the Physical Products and in the NFT (hereinafter “Intellectual Property”) which therefore remains the exclusive property of Diesel S.p.A. or of its legitimate owners and in this regard please refer to art. 12 below. 

3.8. The purchase of the Physical Products and the NFT also does not imply any right of use for commercial purposes by the Customer of the name, image, logo and creative elements related to the Brand or the digital contents of the NFT. The creator of the digital contents related to the NFT, therefore, does not automatically transfer all the rights of economic exploitation of the work itself and may reserve in the future other forms of exploitation. Therefore, the work contained in the NFT may continue to circulate on other websites or through other NFTs, but the combination of the work contained in the NFT sold through the Dedicated Web Page and the NFT is essentially unique. This shall be without prejudice to what is provided later in these Terms and Conditions.

3.9 Event NFTs give the purchaser the right to access specific events and services organized by DIESEL S.P.A. or other supplier or associated companies. DIESEL S.P.A. or its suppliers or associated companies reserve the right to cancel the event or service connected to the NFT Event sold. The cancellation may occur for any reason and, if the circumstances of necessity and urgency do not allow for adequate notice, it may also occur without notice. Therefore, Art Backers assumes no responsibility for any cancellation of events or services by third parties. Art Backers

3.10 In order to proceed with the attribution of the purchased NFT, Customer shall comply with the written instructions that Art Backers will provide to Customer either via email or through the Dedicated Web Page. 

3.11 Customer shall have the availability of a digital wallet (“Wallet”) into which the NFT purchased through the Dedicated Web Page can be credited. Art Backers shall have no liability with respect to such Wallet and shall not have access to any private key thereof. In particular, Art Backers will indicate on the Website or in communications to the Customer, the deadline within which to redeem the NFT purchased. After the indicated deadline, Art Backers does not guarantee the possibility to attribute the NFT on the Customer’s Wallet.

 

3.12 Art Backers does not provide any service, including support services and technical or computer assistance. Any possible technical assistance and support, aimed at better management of the sale and acquisition process of NFT, will be provided case by case by Art Backers on the basis of its availability, without implying any form of compulsory technical assistance for the seller.

3.13 Art Backers shall have no liability arising out of or relating to these Terms and Conditions for (1) indirect, special, incidental or consequential losses (foreseeable or contemplated by Customer); (2) emerging damages; or (3) lost profits resulting from loss of revenue, profits or data. Art Backers’ aggregate liability, if any, applicable to Art Backers notwithstanding the foregoing, arising from the sale of NFTs and/or Physical Products shall not exceed the amount paid by Customer for the purchase of such Physical Products and/or NFTs.

3.14 In no way can DIESEL S.P.A. be considered as the seller of the Physical Products and/or the NFT and will therefore have no responsibility in this regard, with the exception of any product responsibility that may be applicable by law to the Physical Products. DIESEL S.P.A. has licensed to Art Backers the rights to exploit the Trademark and the graphic reproductions included in the NFT, but is in no way part of the technical process of creation, development, marketing and sale of the NFT, except for the part relating to the organization of the events connected to the NFT Event.

3.15 The graphical representation of the Physical Products and NFTs displayed on the Website may differ from reality; therefore, the Customer must rely exclusively on the description of the Physical Product and NFT and its characteristics are shown on the Website.

3.16 Art Backers reserves the right to limit, at any time, the quantity and/or type of Physical Products and NFTs available for purchase on the Website. The style, models and colors of the Physical Products described on the Website may vary in quality, number, features and color as indicated on the Website. During the course of the purchase process, if it is not possible to process the order due to the unavailability of the Physical Product or NFT, Customer will be notified by email. Art Backers is not responsible towards the Customer in case of unavailability of a Physical Product or NFT if this happens before the conclusion of the contract. In such cases, the Customer will be entitled to a full refund of the Physical Product and/or NFT purchased.

3.17 Art Backers is in no event responsible for any errors resulting from the failure of the Customer’s connection to the Web Page or failure of the Web Page to function and/or technical criticalities related to the transactions necessary to process the NFTs and the transfer of their ownership (including gas fees, third-party platform fees, clogging of the referenced blockchain network, etc.), since they depend on facts entirely beyond the control of Art Backers.

  1. Price

4.1 The price of Physical Products and NFTs is as set out on the Website and is quoted in Euros. Ancillary charges (delivery charges for Physical Products and commission and gas fees for processing NFT transactions) may be added to the price.

4.2 Art Backers constantly checks the accuracy of the prices indicated on the Website; however, it is not possible to guarantee the absence of errors. In the event that an error is found in the indication of the price of a Physical Product and/or NFT, Art Backers reserves the right to reject the order and will offer the Customer the opportunity to purchase the Physical Product and/or NFT at the correct price. If the error is found only after the order has been accepted, Art Backers will offer the Customer the opportunity to cancel the order.

  1. Contract Conclusion

5.1 The Web Page sets out the key features and price of each Physical Product and NFT. NFTs may be purchased together with one or more Physical Products on the basis of the cases and prices indicated on the Web Page. The information on the Web Page does not constitute an offer by Art Backers.

5.2 The Customer can send a proposal of order of purchase of the Physical Products and of the NFT, filling the appropriate form on line present in the Web Page and indicate the NFT and the relative Physical Products that he intends to purchase, inserting his data as requested in the order form, in order to allow Art Backers to evaluate the approval of the order. When filling out the order proposal, Art Backers reserves the right to request from the Customer, at any time, the documentation necessary to comply with the regulatory provisions on anti-money laundering, with particular reference to the provisions of Legislative Decree 231/2007, as amended by Legislative Decree 90/2017 and Legislative Decree 125/2019. Before sending an order proposal through the Web Page, the Customer is required to carefully read all the instructions provided during the purchase procedure (including with regard to delivery costs, the conditions for the exercise of the right of withdrawal and the Privacy Policy) as well as these General Conditions which he/she must expressly accept by inserting a flag in the dedicated box on the Web Page.

5.3 In order to purchase Physical and NFT Products the Customer must (i) insert the selected Products in the “Shopping Cart” by clicking on the appropriate button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and declare to have read the privacy policy and (v) transmit the order proposal to Art Backers through the Web Page.

5.4 The transmission of the order proposal constitutes a purchase proposal related to the selected Physical and NFT Products, governed by the present General Conditions and binding for the Customer. The transmission of the order proposal by the Customer involves the obligation of the latter to pay the price of the Physical and NFT Products ordered.

5.5 Before submitting the order proposal the Customer has the possibility to make any corrections/changes to the inserted data following the proper procedure indicated on the Web Page (by way of example and not exhaustive, the Customer has the right to modify the quantity of Physical Products and/or NFT he intends to purchase by adding or deleting one or more Physical Products and/or NFT from the “Shopping Cart”).

5.6 The form with the order proposal and the Customer’s data related to the order proposal will be stored by Art Backers as the owner of the personal data processing pursuant to EU Reg. 679/2016 (GDPR) for the period of time provided for by the applicable legislation, as described in the Privacy Policy, also pursuant to art. 50, paragraph 2 of Legislative Decree, 06/09/2005 n. 206 (“Consumer Code”). 

5.7 Art Backers may, at its discretion, reject an order proposal within 30 days of receipt of the same. In this case, no amount will be due by the Customer to Art Backers. Art Backers may reject an order proposal, without limitation, in the following circumstances:

(i) in the event of unavailability of the Physical Products or inability or technical complexity to provide the NFTs; or

(ii) where there is a report, or suspicion, of fraudulent or illegal activity, including the suspicion that purchases are being made for commercial purposes or money laundering activities;

(iii) in the event that You fail to fulfil Your obligations under a previous contract with Art Backers.

5.8 The contract between Art Backers and the Customer is concluded when the Customer receives confirmation from Art Backers of the acceptance of the order proposal (“Order Confirmation”). Art Backers’ acceptance (or rejection) of the order proposal will be transmitted to the Customer at the e-mail address indicated by the Customer in the order proposal or through automated solutions, even immediately upon sending the order proposal.

5.9 In case of unavailability of one or more Physical or NFT Products ordered the Customer will be notified by e-mail. In this case the order proposal will be cancelled, or accepted limited to the Physical or NFT Products available. In case of partial acceptance, the Customer is obliged to pay only the price related to the available Physical and/or NFT Products (if the payment is made by credit card, the Customer will be charged only the amount corresponding to the available Physical and/or NFT Products).

5.10 The Order Confirmation will contain a summary of the essential characteristics of the purchased Products, the detailed indication of the price and of the payment methods, the information related to the delivery costs, if any.

 

5.11 After the receipt of the Order Confirmation, the order cannot be cancelled or modified. 

5.12 The risk of loss of or damage to the Physical Products shall pass to the Customer when the Customer (or a third party designated by the Customer other than the carrier) takes physical possession of the Physical Products.

5.13 If the NFT are purchased through third party platforms such as www.opensea.io, www.rarible.com, www.looksrare.org or other Art Backers will not be in any way responsible for the sales process completed through these third-party platforms. Art Backers, in such cases, will only act as an interface with connection to the third party site. The Customer is therefore invited, in such cases, to read the terms and conditions of sale and privacy policy of such third party platforms where the NFT would be offered for sale. The general conditions of sale relating to Opensea, Rarible and Looksrare, are available at the following link: https://opensea.io/tos , https://static.rarible.com/terms.pdf , https://docs.looksrare.org/about/terms-of-service . Opensea’s privacy policy is available at the following link: https://opensea.io/privacy , https://static.rarible.com/privacy.pdf , https://docs.looksrare.org/about/terms-of-service

5.14 Art Backers may sell one or more NFT with different sale procedures than those indicated above and on the basis of the indications that Art Backers will provide to the Customers on the Web Page. In particular, the Physical Products and/or the NFT may be purchased also through an auction, with the awarding of the Physical Product and/or the NFT to the person who has offered the highest price within a determined period of time indicated on the Web Page. The Physical Products and/or NFT in auction, their base price, the time window within which to bid and the further terms concerning the auction, will be indicated in the section dedicated to the auction on the Website and will be considered as special conditions integrative to the present General Conditions.

  1. Methods of payment

6.1 The Customer will be able to make payment of the consideration for the Physical Products and NFTs contained in the order proposal and shipping costs, if any, by credit card, PayPal, Stripe, Woocommerce and/or with the cryptocurrency indicated on the Web Page through payment provider Coinbase Commerce. As a buyer, Customer represents and warrants that it has lawfully obtained the funds used to pay the price of the Physical Products and NFTs included in the order proposal (and related delivery charges, if any) and that it is not involved in any transaction intended to conceal the identity, origin or destination of the funds with which Customer pays the price of the Physical Products and/or NFTs ordered (and related delivery charges, if any). 

6.2 Art Backers accepts payment from the credit cards listed on the Website.

6.3 In the event that, for any reason, it is not possible to charge the credit card with the amounts due by the Customer, or to process the transfer of cryptocurrency to complete the transaction, it will not be possible to execute the contract and the order will be cancelled without any responsibility attributable to Art Backers.

6.4. For each order Art Backers will issue a special receipt/invoice which will be sent to the Customer by e-mail or by post in accordance with the regulations in force. The receipt/invoice will be issued on the basis of the information provided by the Customer at the time of the order. Changes to the receipt/invoice are not allowed after it has been issued. 

  1. Transportation and Delivery of Physical Products – NFT Allocation

7.1 Physical Products purchased together with NFTs will be delivered by courier selected by DIESEL Art Backers or its partner (hereinafter “Courier”) on working days. Physical Products will be delivered to the address indicated by the Customer in the order proposal. No deliveries will be made to P.O. Boxes.

 

7.2 Except in the event of force majeure or unforeseeable circumstances, deliveries of Physical Products shall be made within Art Backersperiod indicated by Art Backers to Customer via email.

7.3 At the time of delivery. the Customer (or his delegate) shall:

(i) check that the number of packages delivered corresponds to the number indicated on the delivery note; (ii) check that the packaging and its seals are intact, undamaged, not wet or altered in any way; (iii) sign the delivery note; and (iv) if requested by the Courier, provide proof of identity. Any damage to the packaging and/or Physical Products or mismatch in the number of packages or indications must be immediately reported in writing on the Courier’s delivery note. Where permitted by current legislation, once signed the Courier’s document without the Customer having raised any exceptions, the Customer may not raise any objection about the external characteristics of the package delivered.

7.4 NFT are digital products not physically deliverable. The attribution of the NFT to the Customer may be carried out in the manner indicated by Art Backers through the Web Page and in these General Conditions or in the confirmation emails sent by Art Backers to the Customer at the outcome of the payment of the Physical Products and the NFT. In particular, the Customer must have the availability of a Wallet address where to credit the NFT. In the absence of such Wallet, Art Backers will not be able to proceed with the allocation of the NFT. Art Backers cannot in any way be held responsible if the Customer does not provide a valid Wallet address belonging to him or attributable to him or provides incorrect addresses not belonging to the Customer. Art Backers, in the process of creation and attribution of NFTs may use third party providers. Any delays related to the congestion of the internet network or blockchain reference or related to other problems not dependent on the fact and exclusive fault of Art Backers can not be charged to the latter. NFTs may not be returned by Customer once purchased and credited to the Wallet. Please refer to the provisions of art. 10.1 below on the subject of exclusion of the right of withdrawal. It is understood that if the Customer who proceeds to purchase a Physical Product and an NFT through opensea.io, Rarible and Looksrare does not provide sufficient information to allow Art bBackers and/or its suppliers, to proceed with the delivery of the Physical Product, then Art Backers may retain the full amount paid by the Customer for the purchase of the Physical Product and the NFT as a penalty under Article 1382 c.c.. Event NFTs, unlike Artistic NFTs, require that the underlying event or service is actually organized. Therefore the attribution of the NFT in the Wallet does not automatically imply the participation to the event, but only the right to participate to an event that can be cancelled by the organizer and to this end please refer to what is provided in art. 3.9 above

 

7.5 NFT Redeem It is understood that the sale shall open and close within 12 (twelve) months from the date communicated by Art Backers on the Website and that, therefore, any further service of Art Backers to the Customers shall cease after such time period. The Customers who do not redeem the NFT (“Redeem”) within such time window, or within the shorter term communicated by Art Backers to the Customer, according to the Redeem procedures indicated by Art Backers, will permanently lose any right of use or ownership of such NFT without any responsibility being attributed to Art Backers and without any recognition of reimbursement, compensation, damages or anything else. 

7.6 NFT Redeem related to Physical Products and Events. In addition to the provisions of 7.5 above, it is understood that the Redeem related to Physical Products or NFT-related events (to be understood as the NFT redemption procedure as described on the Website and in Art Backers’ communications), shall be completed no later than the deadline communicated by Art Backers via email or other web-based communication channels (e.g. discord, twitter, nft.diesel.com etc.). Once this deadline has expired without the Customer having carried out the Redeem, the latter will definitively lose any right of use or ownership of such NFT without any responsibility being attributed to Art Backers and without any recognition of reimbursement, compensation, damages or anything else, including any reimbursement or compensation of the Physical Products or events combined with the purchased NFT. 

7.7 Art Backers shall also not be liable to third party users who have actually purchased NFT or Physical Products from Customers on the so-called Secondary Market.

7.8 Finally, it is understood that Art Backers, through DIESEL S.P.A., will ship the Physical Products and will allow access to the events, only to the subjects who have made the Redeem in compliance with these General Conditions and according to the indications provided by Art Backers. and who are, at the time of the Redeem, holders/possessors of such NFT even if different from the Customer (e.g. in the event that the Customer has sold to third parties, even on the secondary market, such NFT). Art Backers, to this end, reserves the right, at any time, to verify that the holder of the Wallet on which the NFT is credited, is actually the owner at the time of the Redeem and this also through analysis tools on blockchain in any case in accordance with the Art Backers Privacy Policy. This is without prejudice to what is indicated in 3.9 above regarding the organization of events.

  1. Confirmation of shipment and delivery of Physical Products and assignment of NFTs.

8.1 Art Backers will send Customer an email confirming that the Physical Products have been shipped following the shipment of the Physical Products.

8.2 Art Backers will send an email to the Customer confirming that the purchased NFTs have been credited.

  1. Packaging or wrapping

Physical Products purchased through the Web Page are delivered using the normal packaging used by Art Backers or its third party suppliers.

  1. Right of withdrawal and exclusion

10.1 Exclusion of the right of withdrawal for NFT. The right of withdrawal from the purchase of NFT is excluded in the assumptions referred to in art. 59, letter a), i), m) and o) of Legislative Decree no. 206/2005 (Consumer Code). In this regard, it is recalled that the right of withdrawal is excluded (art. 59, lett. a) in contracts for services after the full performance of the service if the execution has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full performance of the contract by the professional. Moreover, the right of withdrawal is excluded (art. 59, lett. i) with reference to the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery. It is also excluded (Art. 59 lit. m) with regard to contracts concluded at public auctions (see Art. 5.14 above). And finally, the right of withdrawal is excluded (Art. 59 lit. o) with regard to the supply of digital content (such as NFT) by means of a non-material medium (such as e.g. a private key for an NFT or other NFT redemption code) if performance has begun with the express agreement of the consumer and with his acceptance that he would then lose his right of withdrawal.

10.2 Exclusion of the right of withdrawal for Physical Products. 

The right of withdrawal from the purchase of Physical Products together with NFT is excluded in the hypothesis of which to the art. 59, letter f) D.Lgs. n. 206/2005 (Code of the Consumption). To this end we remind in fact that the right of withdrawal does not apply in case of supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods, as it happens in the combined sale of Physical Products and NFT under these General Conditions. Moreover, the right of withdrawal on Physical Products does not apply to orders relating to personalized Physical Products such as, by way of example and not exhaustive, Physical Products on which the initials of the Customer are engraved and Physical Products made on the basis of specific indications provided by the Customer through the Web Page (art. 59, letter c) D.Lgs. n. 206/2005)

10.3 Application of the right of withdrawal for Physical Products purchased separately from NFT. In case the Customer buys the Physical Products separately from the NFT and therefore not in presence of a combined sale, then, according to art. 52 D.Lgs. n. 206/2005 (Consumer Code), except for the exceptions of article 10.1 and 10.2 above, the Customer has a period of 14 (fourteen) days to withdraw from the purchase of only the Physical Products purchased through the Web Page, without having to provide any reason and without having to incur costs other than those provided for in Article 56, paragraph 2, and Article 57 Legislative Decree no. 206/2005 (Consumer Code). The aforementioned withdrawal period ends after 14 days starting from the day in which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the Physical Products or: (i) in the case of several Physical Products ordered by the Customer by means of a single order and delivered separately, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last Physical Product; (ii) in the case of delivery of a Physical Product consisting of multiple lots or pieces, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last lot or piece.

10.4 Within the period provided for in this article, the Customer may exercise his right of withdrawal in the following ways:

– by clicking https://nft.diesel.com/refund i; or

– by contacting Art Backers at emaildiesel@artrights.me

10.5 Within 14 (fourteen) days from the communication of withdrawal (transmitted in accordance with the preceding article 10.4) the Client will have to return the physical Products purchased by sending them to the address that will be communicated by Art Backers via email to the address inserted in the withdrawal request form and according to the modalities communicated by Art Backers. The costs for the return of physical products are charged to the customer only if the latter chooses a different shipper than that indicated by Art Backers or if the physical product is not returnable by regular mail through the Italian Post Office (art. 57 Legislative Decree no. 206/2005). Physical Products must be returned intact, unused, undamaged and with the labels still attached. The Customer is exclusively responsible for any decrease in the value of the Physical Product resulting from any handling of the Physical Product other than that necessary to ascertain its nature, characteristics and operation.

10.6 Art Backers will provide for the full reimbursement of the sums paid by the Customer, except for the cases referred to in the aforementioned art. 57 of Legislative Decree no. 206/2005, within (14fourteen) days from the date on which Art Backers has received the Physical Products returned by the Customer or from the moment in which the Customer provides proof of having returned the Physical Products, whichever comes first. Such refund will be made by Art Backers using the same payment method used by Customer for the initial transaction, unless otherwise expressly agreed upon by the parties and provided that Customer will not incur any additional expenses in connection with such refund.

  1. Replacement of Physical Products in case of conformity defect

11.1 If the Products sold by Art Backers should present production defects or any other alleged lack of conformity, the Customer will be required to contact the online assistance, by e-mail at diesel@artrights.me or through the online form available on the Web Page.

 

11.2 In such cases the Customer shall:

(I) within 5 days of receipt of the Physical Products, send the request for service and replacement described in 11.1 above;

(II) wait for Art Backers’ response indicating the person to whom the Customer must return (the allegedly defective Physical Products;

(III) Once received the return address and the modalities of the same, use the Courier indicated by Art Backers by contacting it at the number indicated by Art Backers to arrange the withdrawal. In particular, the Customer will have to contact the courier directly at the number indicated for the return at his own expense. All costs for the return of the returned goods will be borne by the supplier appointed by Art Backers. If the Customer opts for couriers other than those indicated by Art Backers, the Customer will be responsible for the costs involved. 

11.3. The Physical Products must be returned intact, unused, undamaged and with the labels still attached. The Customer is exclusively responsible for any decrease in the value of the Physical Product resulting from any handling of the Physical Product other than that necessary to ascertain its nature, characteristics and operation.

11.4 The supplier commissioned by Art Backers will verify the existence or not of defects on the Physical Product. If the defects are not found, the physical product will be returned to the Customer with the shipping costs charged. If, on the other hand, the defects are actually found, then Art Backers (or directly the supplier commissioned by Art Backers) will reimburse the amount paid by the Customer with the same method of payment used by the Customer for the purchase, within and no later than 14 (fourteen) days from the receipt by Art Backers of the returned physical products.

11.5. Art Backers will agree to make the substitution upon verification of the availability of the Physical Products requested in substitution.

11.6. The Customer has the right to obtain the full restoration of conformity of the goods by means of, at its option, repair or replacement, and at no cost to him. In the event that one of these remedies is objectively impossible or excessively expensive compared to the other, the Customer may obtain an appropriate reduction in the price of physical products or, alternatively, termination of the contract. The Customer loses these rights if he does not report to Art Backers the alleged lack of conformity within 2 (two) months from the date on which he discovered the defect. In any case, the action aimed at asserting an alleged lack of conformity is prescribed by law in the term of 26 (twenty-six) months from the date on which the Physical Products were delivered to the Customer.

 

  1. Intellectual Property Rights

 

All “DIESEL” trademarks, relative figurative and/or form trademarks, present on Physical Products and NFT, relative accessories and/or packaging, as well as all illustrations, images, graphics, videos and logos protected by copyright, and, more in general, all intellectual property rights relative to images, videos and audio contained in Physical Products and NFT are and will remain the exclusive property of DIESEL S. P. A. or their legitimate owners.P.A. or their legitimate owners without the purchase of the Physical Products and/or the NFT being in any way a transfer or license of such copyrights or intellectual property rights contained in the Physical Products or the NFT.

 

  1. Applicable law and jurisdiction

 

13.1 These General Conditions and, consequently, the contracts concluded with Customers are governed by Italian law (in particular, the Consumer Code and Legislative Decree no. 70 of 9 April 2003, “E-commerce Decree”) and must be interpreted in accordance with it.

13.2. Disputes arising from the interpretation, validity and/or execution of these General Conditions will be devolved to the exclusive jurisdiction of the Court of Cagliari. 

Alternatively, the Client may choose to access the platform for the out-of-court settlement of disputes provided by the European Commission, which can be found at http://ec.europa.eu/odr. 

The present General Conditions of Online Sale represent a translation from the Italian version. In case of discrepancies between the English and the Italian version, the latter shall prevail