TERMS AND CONDITIONS
1. General provisions
1.1. These terms and conditions of sale (hereinafter “Terms and Conditions”) apply to all sales of Desigknit s.r.l. products (hereinafter “Products” or “Product”) concluded remotely through the website www.desigknit.it (hereinafter the “Website”). 1.2. The use of the remote sales service described in these Terms and Conditions is reserved exclusively for consumers (hereinafter “Customers” or “Customer”), understood as natural persons acting for purposes outside of their commercial, craft, business or professional activities, over the age of 18 (or if minors, with the authorisation of their legal guardians). 1.3. The languages available for conclusion of the contract through the Website are Italian and English. 1.4. The Customer is called on to carefully read the Terms and Conditions that have been made available on the Website, in order to enable the Customer’s knowledge, conservation and reproduction thereof pursuant to Article 12, paragraph 3, of Legislative Decree no. 70 of 9 April 2003, (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, in particular, electronic commerce” – hereinafter “Ecommerce Decree”). The Customer, on completion of the purchase, expressly accepts all conditions included in this contract. 1.5. Contracts concluded with Desigknit s.r.l. (as defined below) through the Website are governed by Italian law and in particular by Legislative Decree no. 206 of 6 September 2005, (hereinafter the “Consumer Code”), the Ecommerce Decree, European industry regulations and relevant international treaties, to which Italy is party.
2. Identity of the seller
2.1. The seller is Desigknit s.r.l., with registered offices in Vicolo Politi, n. 7, Parma, Italy, VAT number 03009640347 (hereinafter “Desigknit”).
3. Information on the products and their availability
3.1. Information relating to the Products, with their product codes, are available on the Website. This information is provided in accordance with Articles 52 and 53 of the Consumer Code. 3.2. The images of the products offered on the Website may differ from their appearance in reality. The Customer can get any further information from the company or its representatives. Not all products described on the Website are or will be available at all the sales points.
4. Price
4.1. The prices of products on the Website are expressed in Euros (€) and are inclusive of all applicable taxes and charges. Product prices are subject to additional delivery charges, shown separately on the order form. 4.2. Desigknit constantly checks to ensure that all pricing information on the Website is accurate; this however cannot guarantee the absence of errors. In the event of an error in the price of a product, Desigknit will give the Customer the option to reconfirm the order at the correct Product price or cancel it. 4.3. The information shown on the Website does not constitute an offer by Desigknit.
5. Purchase methods
5.1. The essential features and prices of the products are given in the offer for each product on the Website. All prices are given in Euros (€). Prices may vary depending on the model, the yarn and other technical features chosen. 5.2. Before sending the purchase order, customers are invited to ensure they have read and understood the instructions provided during the purchase procedure and these Terms and Conditions, as they will be binding on conclusion of the contract. The Customer must purchase products by filling in the online purchase order form, following the instructions provided on the Website. The Customer must enter the product into the shopping cart and after having reviewed and accepted the Terms and Conditions, particularly with reference to the applicable delivery charges and the conditions on right of withdrawal, and after reviewing the Privacy Policy, they must select the desired payment method and choose the option “proceed with the order”. 5.3. If the Customer needs to correct any error in the data entered, the changes must be made following the proper procedure indicated in the Website before submitting the purchase order. In particular, the Customer has the right to change the desired number of Products for purchase, adding or deleting one or more Products from the shopping cart. 5.4. By sending the purchase order to Desigknit, the Customer acknowledges and declares that he/she has read all the information provided in the purchase procedure and fully accepts the Terms and Conditions. 5.5. Without prejudice to the use of the data described in the Privacy Policy, and subject to the express consent of the Customer, the form with the purchase order and the customer data relating to the purchase order will be retained by Desigknit for the period of time required by current legislation.
6. Payment methods
6.1. The Customer may pay for the Products and the delivery charge by credit card (Visa, Mastercard, American Express and any others), PayPal or bank transfer. 6.2. The transaction will be charged to the credit card of the customer only when: (i) the credit card data has been verified; (ii) the debit authorisation has been received from the issuer of the credit card used by the Customer and (iii) product availability is confirmed by Desigknit and therefore after the order is ready to be processed. 6.3. No debit will be made at the time of sending of the purchase order, notwithstanding the charge that may be required to ascertain the validity of the credit card. 6.4. Desigknit also accepts bank transfer payments, with no expenses or costs charged to the beneficiary, to the following IBAN code: IT76I0310412701000000400254. Any bank charges made to the Customer by his/her own bank, shall be borne by the Customer. 6.5 If the payment of the amounts owed by the Customer is unsuccessful, for whatever reason, the purchase process and the purchase order will be automatically cancelled.
7. Conclusion of the contract
7.1. The contract between Desigknit and the Customer shall be considered concluded when the customer receives confirmation from Desigknit that the purchase order – sent in accordance with the purchase procedure indicated on the Website – has been successful, subject to verification of Product availability and the charging of the customer’s credit card or, in the case of payment by bank transfer, when the Customer receives confirmation of receipt of payment. The purchase order submitted by the customer shall be binding for Desigknit only if the entire purchase procedure has been completed regularly and correctly, with no errors reported by the Website. 7.2. Desigknit reserves the right to only partially process the order in event of unavailability of one or more of the products ordered by the customer. In this case only the amount for the processed part of the order will be charged. 7.3. Desigknit is not liable for malfunctions attributable to the data transmission provider. 7.4. In accordance with the provisions of Article 53 of the Consumer Code, upon confirmation of the order or execution of the contract, Desigknit will send the Customer, via e-mail: a summary of the Terms and Conditions; the information relating to essential details of the products purchased; the details of the price and payment method; information on delivery charges; information on the conditions and procedures for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal in the case of customised Products; the geographical address of Desigknit for submission of complaints; and information on support services and existing commercial guarantees. The Customer shall immediately check the content of the notification and promptly report any errors or omissions to Desigknit. 7.5. The order form will be stored in the Desigknit s.rl. database for the time necessary for the execution of the same and, in any case, within the terms of the law. If registered, the user can access the order form and / or the data related to the same through his personal account.
8. Invalidity of the purchase order
8.1. As an exception to the provisions of paragraph 7 above, no purchase order must be considered accepted by Desigknit and no contract between Desigknit and the Customer must be considered concluded if Desigknit has reasonable grounds to believe that the Customer: (i) intends to purchase the Products for purposes related to their own or other people’s business or professional activities, in accordance with the provisions of paragraph 1.2 of these Terms and Conditions; or (ii) does not operate on the basis of a real and genuine interest in the purchase of the Products ordered, or (iii) improperly exercises the right of withdrawal acknowledged in paragraph 11 below. 8.2. In such cases, the purchase order submitted by the Customer shall be without any force and effect whatsoever. Desigknit will send to the Customer, via e-mail, a notice stating the non-acceptance of the purchase order by Desigknit and the non-conclusion of contract, and will undertake also to cancel all charges and/or expenses borne by the Customer.
9. Shipping and delivery
9.1. For security reasons the Products purchased on the Website will be sent to the address to which the credit card is registered, unless specified otherwise by the Customer, and the signature of the customer or an authorised adult older than 18 will be required at the time of delivery. Deliveries will not be made to PO boxes. 9.2. In the case of payment by bank transfer, shipments will be made upon receipt of confirmation of the transfer by Desigknit. 9.3. For each order completed on the Website, Desigknit shall issue an invoice for the Products shipped, to be sent via e-mail to the Customer pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice will refer to the data provided by the Customer at the time of the order. No alteration can be made to invoice after its issuance. 9.4. Delivery costs are borne by the Customer and are clearly indicated on the order form. 9.5. All purchases will be shipped via DHL Courier (“Courier”) after 25 business days from the order confirmation date. Please note that we only ship from Monday to Friday, excluding Saturdays, Sundays and Italian local and national holidays. If we are unable to ship your goods within this timeframe we will inform you whenever possible. Delivery times may be up to a maximum of 5 additional working days. Desigknit is not responsible for shipping delays. Orders with personal inscriptions will take an extra week to be executed. 9.6. In any case, except in cases of force majeure or unforeseeable circumstances, pursuant to Article 54 of the Consumer Code, Products will be delivered within a maximum period of thirtyfive (35) days from the day following the conclusion of the contract in accordance with paragraph 7.1 above, provided that Desigknit does not give notification – within the same period or by the last date agreed for delivery, including by e-mail – of inability to deliver the Products ordered due to sudden and temporary unavailability of the Products. In the event of such notification, Desigknit will refund any amounts already paid by the Customer. 9.7. If, in the event of notification by Desigknit of a delay in the delivery date, the Client wishes to cancel the order, any amount paid by the Customer shall be refunded at the earliest opportunity and in any case no later than 30 (thirty) days from the date of receipt by Desigknit of notification of order cancellation, with the exception of customised products, in accordance with the provisions in paragraph 12. 9.8. Delivery of the Products requires the presence of the customer or his/her appointed representative at the address indicated in the order. At the time of delivery of the Products by the Courier, the Customer shall check: (i) that the number of parcels is same as that reported in the delivery note (DDT); (ii) that the packaging is intact and not damaged, wet or otherwise altered, including the sealing materials. Any damage to the packaging and/or the Product or an incongruent number of parcels or wrong information must be immediately notified in writing on the Courier’s proof of delivery. Once the Customer has signed the Courier’s delivery note without objection, the Customer may not thereafter file any claims regarding the external condition of the delivered package. 9.9. The risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the consumer only when the latter, or a third party designated by him and different from the carrier, enters into physical possession of the goods.
10. Confirmation shipping and delivery
10.1. Desigknit will send to the customer a confirmation e-mail once the Products have been shipped, as well as subsequent notification confirming delivery.
11. Right of withdrawal
11.1. Desigknit wishes to guarantee complete customer satisfaction. In accordance with the provisions of Article 59 of the Consumer Code, the right of withdrawal for online purchases is excluded in the case of personalized orders, for example through the choice of yarn and colours on the product, or of name and initial embroideries. 11.2. Desigknit guarantees the right of withdrawal for all other items, not customized, sold on the website www.desigknit.it. According to the art. 52 cod. cons., the right of withdrawal can be exercised within 14 days of receipt of the goods. 11.3. To exercise the right of withdrawal, the customer must send an e-mail to the address
write@desigknit.it, containing: (i) the intention to exercise the right of withdrawal or return (for this purpose the customer can use the form type
downloadable here); (ii) an indication of the products for which the customer wishes to exercise the right of withdrawal; (iii) the progressive order number communicated by Desigknit upon confirmation of the purchase; (iv) IBAN code in the event that the payment was made by bank transfer. 11.4. Within the following 14-day deadline, the customer must return the goods to Desigknit at the address: Desigknit s.r.l. – Via Monte Penna, n. 9 – 43123 Parma (Pr) – Italia. 11.5. Desigknit will reimburse the customer for the entire amount paid, including shipping costs, within the 14 days following the return of the goods to its warehouses. 11.6. The product must be returned, if possible, in an intact preservation state, with the original labels and with careful packaging in order to safeguard the original packaging. In the event that this does not occur, Desigknit reserves the right to have the property appraised and to deduct from the repayment the decrease in value of the asset, pursuant to art. 57 Consumer Code. 11.7. It is recommended to ship the Products to be replaced using a courier, ensuring the entire amount of the goods, and taking care to receive a shipment number to allow tracking of the shipment. Desigknit will not be responsible for reimbursement or compensation for Products shipped by the Customer but which have never been received by Desigknit due to loss, theft or damage that are not attributable to Desigknit.
12. Cancellations
12.1. If the Customer wishes to modify or cancel the order already sent, he must send promptly, and in any case before receipt of the order confirmation e-mail, an email to the address
write@desigknit.it. The cancellation of the order by the customer is not permitted once Desigknit has notified the Customer of the order acceptance confirmation.
13. Non-conformities
13.1. If a Product sold by Desigknit shows a manufacturing defect due to an alleged non-conformity relating to Products sold by Desigknit, the customer must send an e-mail to
write@desigknit.it. The sale of Products is covered by legal safeguards provided for in Articles 129, 130 and 132 of the Consumer Code. The customer has the right to the restoration, without charge, of the good’s pristine condition either by repair or replacement, or, if such options fail, to an appropriate reduction in price or the cancellation of the contract. The Customer loses such rights if they do not report the non-conformity to Desigknit within 365 days of the date of order confirmation.
14. Errors or inaccuracies
14.1. Desigknit undertakes to provide constantly updated information in the sections of the Website relating to the description and/or sale of the Products. However the complete absence of errors cannot be guaranteed. The pages of the Website in question may contain typing errors, inaccuracies or omissions – for example relating to the price or availability of the product, or regarding the details of the Products themselves. Desigknit reserves the right to correct any errors, inaccuracies or omissions even after a purchase order has been sent and also reserves the right to change or update information at any time without prior notice.
15. Guarantee of authenticity and intellectual property rights
15.1. Desigknit guarantees the authenticity of all the Products purchased on the Website. “Desigknit” branded Products are made with the finest materials, assembled by craftsmen, and are all rigorously and wholly MADE IN ITALY. 15.2. The “Desigknit” brand, as well as the set of figurative and non-figurative trademarks and service marks on the Products, related accessories and/or packaging, shape trademarks, whether registered or not, as well as all illustrations, images and logos protected by copyright, and more generally, all the intellectual property rights relating to the Products are and remain the exclusive property of the company Desigknit s.r.l..
16. Applicable law and competent court
16.1. These Terms and Conditions are governed by Italian law and shall be interpreted in accordance with Italian, Community and international laws. 16.2. Disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the exclusive jurisdiction of the court of Parma.
17. Online dispute resolution for consumers
17.1. The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are an European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). The Owner is available for any questions via the email address posted under the Owner’s information in this document.
18. Contacts
18.1. Per assistenza sulle modalità di acquisto on-line o per maggiori informazioni sui prodotti Desigknit, il Cliente può contattare l’Assistenza Clienti di Desigknit dal lunedi’ al venerdi’ (9.00 – 13.00 / 14.30 – 17.30) via email:
write@desigknit.it (risposta entro 24 ore) o telefonicamente al
+39 347 6997150. For assistance on how to purchase online or for more information on Desigknit products, the Customer can contact Desigknit Customer Support from Monday to Friday (9.00 – 13.00 / 14.30 – 17.30), via email:
write@desigknit.it (we usually reply within 24 hours) or by phone at
+39 347 6997150.