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GENERAL TERMS AND CONDITIONS FOR THE SALE OF DI GAIA SHOES VIA THE DI GAIA.COM WEBSITE.

Whereas

The Designer ELVIRA PANAGIOTOPOULOU (hereafter, “DI GAIA” or the “Vendor”) designs, manufactures and sells shoes under the “DI GAIA” trademark.

In order to meet its customers' needs and expectations, DI GAIA has decided to create a distance sales network for certain of its shoes via the DI GAIA.com website, in parallel with its stockists’ sales network. The list of “DI GAIA” products available for distance sale is available on the DI GAIA.com website.

These General Terms and Conditions of Sale are applicable to all distance sales of DI GAIA products via the DI GAIA.com website, including email assistance provided by DI GAIA Customer Service. Distance sales, as regulated herein, were designed in compliance with national law in force (L.2251/1994) and the European Directive on Consumer Rights (2011/83 EU).

The use of the distance sales service described herein is reserved solely for customers. The term “Customer” is to be understood as any physical person making purchases for purposes unrelated to their business, commercial, artisanal or professional activity. The resale, rental or transfer for commercial or professional reasons of products purchased on the Site is forbidden.

DI GAIA may modify these General Terms and Conditions of Sale at any time. Therefore, the Customer is asked to accept the General Terms and Conditions of Sale in force at the time of purchase, a copy of which will be sent to the Customer at the email address provided by the Customer.

These General Terms and Conditions of Sale are published on the Site for the Customer's knowledge, storage and reproduction.

It is understood that by placing an order on the DI GAIA.com website, the Customer fully and unreservedly acknowledges and accepts these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than DI GAIA, even in cases in which they are presented on the official website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products from subjects other than the Vendor, the Customer is invited to check the conditions of sale applied. In no case can the Vendor be held liable for the provision of services by third parties.

Vendor identification

For the purposes of these General Terms and Conditions of Sale, the Vendor is DI GAIA single-member company, with registered office in 44 Charitos Str., Athens 10676, Greece, VAT no./tax code GR103621360 D of Athens tax office. tel.: +30 2107240635, email: sales@digaia.com, customercare@digaia.com

1. Product orders

Orders may be placed in English via the DI GAIA.com website.

Orders may be placed directly by persons of legal age who are not under legal disability.

The Customer must provide DI GAIA a valid email address to which required information about his/her order and any other relevant information will be sent.

The Customer may have the option to create a user account on the DI GAIA website. The personal data collected by the Vendor through the aforementioned account, will be used solely for the purposes of realizing the contract of sale and informing the Customer with a newsletter about offers, discounts etc.

Each distance sale order made by the Customer covered by these General Terms and Conditions of Sale may be for one or more products, up to a maximum of three products per order. DI GAIA reserves the right to modify the limits for the quantity of products that may be purchased via distance sales at any time.

The Customer is responsible for selecting the articles of interest to him/her. The Customer's shopping cart and the order summary sent to the Customer following completion of the purchase include a description of the products ordered, including sizes, and a digital photograph allowing a correct representation of the products available on the site.

Although DI GAIA takes all appropriate measures to ensure the photographs on the site faithfully represent the original products, including technological means to reduce inaccuracies as much as possible, certain variations are possible due to the Customer's computer's technical characteristics and colour resolution. Consequently, DI GAIA cannot be held responsible for any inaccuracies in the graphic representation of the DI GAIA products displayed on the site for the above technical reasons.

The Customer must click on the shopping cart icon to view the selected articles and total price of the articles ordered. The Customer is asked to verify the content of the shopping cart before completing the purchase form in accordance with the instructions provided on the website, and to confirm that he/she has read and accepted these General Terms and Conditions of Sale. Should the Customer need to modify (an article or quantity) or correct any errors in the order, he/she should follow the instructions on the Site.

2. Product prices

Product prices include ordinary shipping costs. For countries in the E.U. (including the U.K.) shipping costs are offered in total and for non-E.U. countries shipping costs are offered partially, as it is stipulated on the DI GAIA.com website or on the order page. Both the item prices as well as the shipping charges do not include Customs fees, import taxes, or other duties.

The price of each product is displayed for the Customer to view prior to the completion of the order. All prices are in euros and include VAT.

3. Completing the order

The purchase procedure is complete once the Customer confirms the order. Upon confirmation, the order is sent directly to DI GAIA.

The Customer may correct or cancel the order before its completion by leaving the website without having confirmed the order.

Once the order has been sent, the Customer unconditionally agrees and undertakes to observe these General Terms of Sale in his/her dealings with DI GAIA, as well as other information, including the Terms of Use and read the Privacy Policy, available on DI GAIA.com. Therefore, before sending the order form to purchase products, the Customer must carefully read all the above Terms. The Customer can print and save or reproduce this document for his/her personal use.

DI GAIA considers the Customer's order to be confirmed once the entire purchase procedure has been completed properly, without any errors being identified by the Site. The Customer receives confirmation of successful completion from DI GAIA at the email address indicated during the order process, sent in respect of the purchase procedure. With confirmation, the Customer also receives a copy of these accepted General Terms and Conditions of Sale and a complete summary of the order, including the number and date of purchase, the product ordered, its price, the amount paid, the right of withdrawal (except in cases where this right is excluded), indicating the times and instructions for returning goods, the mailing address for complaints and information on customer service.

The contract between DI GAIA and the Customer is to be considered concluded when the customer receives confirmation via email at his registered email address that the purchased product has been dispatched.

In any case, DI GAIA reserves the right to decide whether or not to accept orders not providing sufficient guarantees of solvency or which are incomplete or incorrect or if products are unavailable. In this case, DI GAIA will inform the Customer that the contract is not concluded and that it is not following up on the order, providing its reasons for doing so. The Customer is informed within 30 days of transmission of the order to DI GAIA. Any amounts already paid by the Customer for the order will be reimbursed.

The Customer may access the order and these General Terms and Conditions of Sale in the "My Account" section, which also includes a history of past orders.

The Customer may cancel the order via email to DI GAIA Customer Service only until ordered products have been prepared for shipment.

4. Conditions of payment

The payment of products purchased on the website DI GAIA.com can take place via PayPal. The Customer will be redirected to the website www.paypal.com where the payment for the products will be carried out following the procedure envisaged and regulated by PayPal and the contract terms and conditions as agreed between the user and PayPal. The data entered on the PayPal website will be handled directly by PayPal and will not be sent to or shared with DI GAIA. DI GAIA therefore has no knowledge of and cannot record in any way the details of the credit card connected to the Customer's PayPal account or any other payment instrument connected to said account.

In the event of payment via PayPal, the total amount due will be debited by PayPal from the Customer at the conclusion of the online contract. In the event of the termination of the purchase agreement and for any other type of refund, for any reason, the refund will be credited to the Customer's PayPal account. The time required to credit the payment instrument connected to said account depends exclusively on PayPal and the banking system. Once the credit order in favor of said account has been arranged, DI GAIA cannot be held responsible for any delays or omissions in crediting the Customer with the refund. To contest these cases the Customer must contact PayPal directly.

The Customer expressly acknowledges and agrees that, when entering their data into the PayPal website to make their first purchase, a specific procedure entitled "Reference Transaction" will be automatically activated, which - through an automatic Customer recognition system - will allow them to complete any future orders with PayPal without having to sign in using their credentials again. The Customer can disable the "Reference Transaction" at any time by going to the specific section 3.11 (Cancelling Recurring Payments) of the PayPal website (https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full).

5. Shipping/Delivery

Following order transmission via the DI GAIA.com website, the Customer can monitor delivery of the order after receiving the tracking number provided by DI GAIA received at the Customer’s registered email.

The Customer can contact DI GAIA Customer Service by email to request information on delivery.

No deliveries will be made to post office boxes or collection points.

If requested by the Customer, invoices will be attached as a pdf via email. Any invoicing errors can be corrected after communication with customercare@digaia.com .

Articles are delivered to the address indicated by the Customer only once payment for the order has been registered. DI GAIA fills orders within a maximum of thirty (30) days of the day the payment is made, upon receipt of payment, except where DI GAIA informs the Customer, within the same period, of non-acceptance of the order.

The Customer has the following delivery options:

  1. For E.U. countries (including the U.K.), free shipping from Greece or Italy via DHL EXPRESS in two (2) to four (4) working days.
  2. For non E.U. countries, shipping from Greece or Italy via DHL EXPRESS in two (2) to four (4) working days at the cost of € 35,00.

Both the item prices as well as the shipping charges do not include Customs fees, import taxes, or duties.

All shipping costs, including additional costs charged to the Customer are itemised in the order form at the time of purchase on the DI GAIA.com website. Additional shipping costs are not refunded in the case of article exchanges or returns.

The Customer may contact Customer Service should he/she wish to change the delivery date within two (2) days from the placement of the order. In any case, the email sent by DI GAIA to the Customer contains a tracking code and an exclusive link to track the shipment in real time. DI GAIA's Customer Service can provide assistance for any delivery problems.

The Customer is responsible for the loss or damage to the products ordered, for which DI GAIA is not responsible, beginning at the time at which the Customer or a third party designated by the Customer and different from the carrier takes material possession of the products.

Therefore, if, at the time of delivery, the exterior of the package is damaged, the Customer or other recipient, in the case of a gift, must open the package in the presence of the carrier to check the condition of the product inside.

If the product is damaged, the Customer (or recipient) must detail all observed damage on the delivery note. Any claims must be made as described in article 7 below.

Should the Customer make a claim for loss, non-compliance or damage to the product, DI GAIA will replace the product free of charge when available, or refund the Customer, upon express Customer request, according to the terms and conditions described in article 6 below.

6. Conformity of the order

The Customer must check the products at the time of delivery, in order to ascertain that they match the articles ordered and have no manufacturer's or conformity defects. In addition to any specific guarantees provided to the Customer for the delivered product, legal guarantees under Greek law also apply to the sale of DI GAIA products.

Should the delivered product not conform to the order, the Customer has the right to have the products brought into conformity at no charge, through repair or replacement, unless the requested remedy is objectively impossible or excessively costly with respect to the other. If product repairs or replacement are not performed within a reasonable amount of time from the Customer's request, or are impossible or excessively costly, or have caused the Customer significant damage, the Customer may demand an appropriate price reduction or termination of the contract. It is understood that the Customer loses said right if he/she does not report the conformity defect to DI GAIA within ten (10) calendar days from the date of product delivery.

DI GAIA must be notified of any Customer request for one of the remedies listed above using the return form, contacting Customer Care via email at customercare@digaia.com.

The guarantee procedure above for conformity defects can be applied only for defective products purchased on the DI GAIA website.

7. Returns and Refunds – Withdrawal

The Customer's right of withdrawal must be exercised as follows:

The Customer has the right (article 4, par.10 L. 2251/1994) within 14 calendar days from the delivery of the Products, as long as they remain in their original packaging or they have not been worn or otherwise, to withdraw from the contract and return the Products to the Vendor. This right is exercised always in writing with an electronic letter addressed to the Vendor that will be sent via email message at customercare@digaia.com under the subject “Return according to article 4§10 L.2251/1994”. In such return letter, all the Products to be returned as well as the cause of return will be described, accompanied by photographs of both shoes (front, back and sole, heel etc.).

In such case, the Customer recognizes and accepts that, by exercising the aforementioned right, he/she will receive compensation equal to the value of the returned Product (refund) after the Product has been returned, excluding the transportation costs that the Vendor suffered in order to deliver the Products (if any). The return of the Products will be realized on the expenses and care of the Customer at the Vendor's installations, accompanied by the relevant documentation (invoice - dispatch note) issued by the Vendor.

The Vendor reserves the right not to accept the Products for return due to withdrawal if they have suffered wear and not to return the price of their purchase to the Customer.

The Vendor is obliged, if according to the above receives the returned Products, to refund the Customer the price of their purchase within thirty (30) days according to PayPal’s handling time.

If the Customer exercises this right after the delivery of the Products and within 30 days from the written notification to the Vendor regarding the aforementioned right, and the Products are still not successfully returned to the Vendor as described above, it is then agreed that this act constitutes a reversal of exercise of this right and, therefore, a final acceptance of the Product(s).  

Exercising the right of withdrawal does not limit the rights of the Customer to ask the replacement or return of the Products that have been mistakenly sent compared to the Customer's order, or Products that have defects (wears, lack of agreed properties etc.).

The Products are regarded defective when they do not possess the agreed properties, are worn down, do not have information of origin (artist - creator, certificate of authenticity, etc.).

Products are not regarded as defective if the Customer ordered them by mistake, nor Products that are worn down during the opening of the packaging by the Customer and in general due to the Customer's, intentional or not, actions or omissions.

The Customer reserves the right to ask the replacement of the Products that are deemed defective, according to an objective and fair estimation, or a reduction of their price of purchase depending on the severity of the defect, or compensation. In any case the Customer accepts and agrees that the Vendor's liability is limited up to the total value of the Products and is not extended beyond that nor on other incidental damages that the latter could invoke that he/she suffered because of the defect or the defects, or on consequential damage, or other losses (e.g. non-material).

Slight imperfections could be apparent even among the most luxurious leathers used to produce the shoes, however, should not be regarded as faults, as they are due to the animals’ natural characteristics.

In case the customer wishes to receive a different shoe size and the requested size is available, the Vendor will exchange it at their own expense; however, if the requested size is not available, the customer will receive a refund equal to the price of the item purchased.

In case the wrong quantity of Products is delivered by mistake, then the Vendor undertakes the obligation to correct the error at their own expenses. In the case that the quantity of Products delivered is in excess of the one requested by the Customer, then the Customer has the right to pay the corresponding price to buy them within seven (7) calendar days, or to request their return at the Vendor's expense.

In any case, the Customer agrees that he/she is not entitled, or otherwise explicitly resigns from any other right of compensation against the Vendor, whose liability is limited to the aforementioned restoration of the correct quantity of the Products.

8. Limitation of liability

Excluding cases of wilful default or gross negligence, DI GAIA cannot be held liable to the Customer for indirect damage caused to him/her by the purchase of products offered for sale on the Site.

9. Pre-ordered Products

There is the possibility of ordering products that are not yet available in stores at the time of order. Pre-ordered products may be delivered in a time slot indicated on the Site; there is no strict rule for this time slot, rather it varies according to the item. Delivery terms are merely indicative. DI GAIA informs the Customer of shipping by email as soon as the products are available. If the Customer purchases several Pre-ordered Products or Personalised Products with different delivery dates in the same order, they will all be shipped together at the latest delivery date, or at DI GAIA's discretion, based on availability.

10. Product authenticity and intellectual property rights

DI GAIA guarantees the authenticity and quality of all the products sold on the Site.

The DI GAIA trademark, all the figurative and non-figurative marks and in general all other marks, illustrations, images and logos present on DI GAIA products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of DI GAIA, with registered office in 44 Charitos Str., Athens 10676, Greece. Reproduction in whole or in part, modification or use of said trademarks, illustrations, images and logos for any reason and on any medium is strictly forbidden without the prior express approval of DI GAIA.

Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.

Reproduction in whole or in part, modification or use of drawings, models or patents which are the exclusive property of DI GAIA is also strictly forbidden.

11. Force majeure

Performance of services by DI GAIA may be suspended in the event of unforeseeable circumstances or force majeure preventing or delaying their performance.

DI GAIA will inform the Customer of said unforeseeable circumstance or force majeure within seven days of its occurrence. Should the suspension of the services last more than 15 days, the Customer may cancel the order and receive a refund of amounts already paid, as in article [7] hereof.

12. Privacy

The Customer may always obtain information on how DI GAIA processes his/her personal data in our Privacy Policy.

13. Competent jurisdiction and applicable law

The competent jurisdiction for sales made on the DI GAIA.com website is that of the Vendor's place of residence. Out-of-court dispute settlement is also possible, including through the Arbitration Panel of the Athens Chamber of Commerce.

Orders placed under these General Terms and Conditions of Sale are governed by Greek law, and in particular by the Civil Code and L.2251/1994 excluding conflict laws and private international law. The Vienna Convention on the International Sale of Goods of 1980 does not apply.

In the event of a discrepancy between the General Terms and Conditions of Sale in Greek and in another language accepted by the Customer, the meaning and interpretation of the General Terms and Conditions of Sale in Greek shall prevail.