Terms and Conditions
GENERAL CONDITIONS OF CONTRACT ESTABLISHED BY DEDÈ COUTURE
These are the terms and conditions for users of the Dedè Couture website, www.dedecouture.com. Your acceptance of these terms is required before you purchase an item offered for sale on the website, and creates a binding contractual agreement between you and Dedè Couture di Chiara Todisco, the owner of the website www.dedecouture.com.
Merchandise for Sale
You understand that the website sells primarily used and vintage items, and that many of the items will show customary wear and tear associated with such items. Dedè Couture will use reasonable efforts to accurately portray the items via photographs and written descriptions. Some of the items have been accepted for consignment sale from third parties.
If the user is purchasing an expensive item based upon the description of item including it’s provenance, age, designer, etc., Dedè Couture recommends that user personally inspect the item or have an expert inspect the item on behalf of the user prior to purchase. User should contact Dedè Couture, and Dedè Couture shall make reasonable efforts to accommodate the inspection at the Dedè Couture warehouse. Unless Dedè Couture advises the user that it will hold an item “on reserve” pending user’s review, the item will remain available for sale until the user provides full payment for the item. Dedè Couture may require a non-refundable deposit of 10% of the item’s value, but no more that $100.00, to hold an item on reserve pending a user’s inspection. In no case will an item be held on reserve for more than 30 days.
A sale is complete when the user’s credit card information is provided to Dedè Couture and Dedè Couture confirms the availability of the item. Dedè Couture will make reasonable efforts to confirm availability promptly, but reserves the right to declare an item unavailable within 2 days of receipt of payment. Dedè Couture will declare an item to be unavailable only (a) if it was sold to another user prior to the user’s payment; (b) if the item was withdrawn by the consignee or Dedè Couture prior to the user’s payment; or (c) if the item is deemed lost or destroyed.
Dedè Couture will pack the item with reasonable care and ship the purchased item via DHL Express, including insurance for the purchase price of the item/items and delivery confirmation. Packing, shipping and insurance charges will typically be reflected on the website at the time of purchase. For extraordinary items, Dedè Couture may contact the user and discuss alternative packing / shipping strategies. At the user’s election and sole cost, the user can arrange for its own packing and shipping upon contacting Dedè Couture at the time of purchase. Title and risk of loss shall pass from Dedè Couture or its consignor to the user when the item is accepted by the shipping company.
Taxes and Import/Export Duties
User is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each item purchased (collectively, “Taxes”). The user shall pay Dedè Couture such Taxes as Dedè Couture is required to collect, but failure to collect the Taxes will not relieve the user’s obligation. It is the user’s responsibility to establish and/or document any applicable exemption from Taxes.
Some of the items sold on the website may require cultural, customs and endangered species permits for export from the Italy and import into the user’s country. Dedè Couture makes no representation, nor gives any warranty, nor shall have any liability to the user with respect to the requirement for, or the availability, or issuance of valid export or import permits. If the listing of any item on the website discloses that the item requires a cultural export permit or the Dedè Couture discloses such requirement after confirmation of the sale but before the shipper receives the item, or the user first learns that an export permit is required after the item has been picked up by the shipper and the user is unable to obtain the export permit within thirty (30) days after the later of confirmation of the sale or disclosure of the requirement for the export permit, the user may rescind the sale of such item by giving written notice to Dedè Couture within seven (7) business days after expiration of the applicable thirty (30) day period. In no event shall the user be entitled to rescind a sale more than ninety (90) days after the date of the sale to the user. If the sale is rescinded, the user shall promptly return the item to Dedè Couture. Upon such return, Dedè Couture shall refund the purchase price to the user.
ALL ITEMS DISPLAYED ON THE SITE ARE SOLD “AS IS”. Dedè Couture makes no guarantee, warranty or representation, expressed or implied, to any user with respect to any item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. Except as provided in paragraph 6, ITEMS PURCHASED THROUGH DEDE’ COUTURE ARE NOT RETURNABLE.
Disclaimer of Liability
The website is provided on an “AS-IS” and “AS AVAILABLE” basis. Dedè Couture makes no representation or warranty of any kind, express or implied, with respect to the website, any items offered for sale or sold on or through the website, including without limitation:
(a) any representation or warranty that the website meets the user’s requirements, will always be accessible, uninterrupted, timely, secure or operate without error;
(b) any representation or warranty with respect to title to or delivery of any item;
(c) any representation or warranty with respect to intellectual property rights in any item;
(d) any representation or warranty that any Item conforms to its description or the colors, texture and detail shown on the user’s computer monitor.
RELEASE AND LIMITATION OF LIABILITY
Release and limitation of liability
The user agrees to defend and indemnify Dedè Couture against and hold Dedè Couture harmless from all losses, damages, liabilities, costs (including without limitation attorneys’ and paralegal’ costs and fees) and claims arising out of or related to the use of the website by the user, the purchase of items by the user, and the nature or quality of the items.
Refusal of Transaction
Dedè Couture reserves the right to withdraw any item from the website or to amend any content on the website at any time. Dedè Couture may refuse service to anyone at any time in its sole discretion. Dedè Couture will not be liable to the user or any third party because it has withdrawn any item from the website, amended any of the content, or denied access to the website.
Compliance with Laws
The website may be used only for lawful purposes and in a lawful manner. The user agrees to comply with all applicable laws and regulations regarding the use of the website and any transaction conducted on or through the Site. The agreements between the user and Dedè Couture shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
The user may not register or make offers for any Item under a false name, use an invalid or unauthorized credit card or use another user’s password. Such fraudulent conduct is a violation of Federal and State law. If fraudulent conduct is identified, the user will be denied access to the site and the conduct may be reported to law enforcement authorities.
Access and Interference
All persons accessing this website expressly agree that (a) they will not, by automatic device or manual process, monitor or copy Dedè Couture web pages or their content without the prior written permission of Dedè Couture; (b) they will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the website; (c) they will not do anything that imposes an unreasonable or disproportionately large load on the Dedè Couture infrastructure.
Use of Site Information/Copyrights/Trademarks
Any user registered with Dedè Couture has permission to print in hard copy and electronically reproduce portions of the web site for the sole purposes of purchasing Items from Dedè Couture. No user may modify materials on or obtained from the website or include any such materials on the user’s own site. Dedè Couture retains the copyright of all photographs, illustrations, digital images and written material produced and any form of website design and content, including the category and sub-category system and any object and materials published by Dedè Couture. Dedè Couture is a legally protected trademark and/or service mark and may not be used without authorization.
Any notices shall be given by postal mail addressed to Dedè Couture, Via Carmine, 45 72100 Brindisi (Br) Italy, to the attention of Chiara Todisco or to the e-mail address provided to Dedè Couture by the user upon registration. Notice to the user shall be deemed to have been given 24 hours after the e-mail was sent.
Governing Law and Jurisdiction