TERMS AND CONDITIONS
DIDATO is a trading name of the DIDATO 2 B.V. a company registered in the Netherlands under registration number 55584047
Our registered address is Utrechtsestraat 136a-138a, 1017 VT Amsterdam, the Netherlands. Our VAT number is 8517.74.283.B01. If you have any comments about DIDATO, you can email us at firstname.lastname@example.org.
We may modify the Terms and Conditions from time to time. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify DIDATO immediately of any breach of security or unauthorized use of your account.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The site is available only to individuals and others who meet the DIDATO terms of eligibility, who have been issued a valid debit card by a bank acceptable to DIDATO, whose applications are acceptable to DIDATO and who have authorized DIDATO to process a charge or charges on their debit card in the amount of the total purchase price for the merchandise which they purchase. DIDATO reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where DIDATO feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your debit card, to obtain an initial debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
DIDATO will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in Euros and are inclusive of VAT at the applicable rate.
All prices and offers remain valid as advertised from time to time. The Euros price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
If you are a customer whose debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
SALE PRICE ADJUSTMENT POLICY
DIDATO is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your bank account.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and DIDATO will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Amsterdam, the Netherlands and the language of the contract are both Dutch and English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of DIDATO.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment can be made by iDEAL and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by DIDATO. You confirm that the debit card that is being used is yours or that you have been specifically authorized by the owner of the debit card to use it. All debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to DIDATO, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All debit card transactions on this site are processed using Omnikassa, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered DIDATO user, we will securely store your debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, DIDATO uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
DIDATO insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by DIDATO, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
UPS can deliver an order to certain destinations without collecting a signature. If this option applies to your shipping address, the signature opt out will be set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that DIDATO can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. Please be aware, that if no signature is collected, you agree to our terms and conditions and take full responsibility for any loss or damage that may occur. On occasion, UPS may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. DIDATO is not responsible for any delays caused by destination customs clearance processes. If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
RETURNS AND EXCHANGES
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.
To exercise the right to cancel, you must inform us by email to: firstname.lastname@example.org. You may also use the cancellation form, which is enclosed with your order.
DIDATO may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than:
(i) 14 days after the day we receive back from you any of the goods supplied; or
(ii) (if earlier) 14 days after the day you provide us with evidence that the good have been returned; or
(iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the cancelled goods back, we may arrange to have them collected from you at your cost.
You shall return cancelled orders to: DIDATO Utrechtsestraat 136a, 1017 VT Amsterdam, with attn. WEBSHOP. Without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired. A completed return form must be enclosed with the return, this form will be issues by our customer service email@example.com.
All items returned should have a Returning document included with the following information: Name, address and ordernumber. Make sure that you use the returning address sticker that is included with the package. Please contact us at firstname.lastname@example.org regarding your return. Unidentified returns may be returned to the sender. Make sure that you ask for the Track & Trace number when sending your package at your post-office, please share this number with us through email@example.com.
* Please Note: Risk in any Goods to be returned remains with the Buyer until the Goods are returned at DIDATO in good condition.
* Please Note: The customer has to bear the shipping cost for returning the goods.
* Please Note: During fourteen calendar days, the consumer has the possibility to terminate the agreement without stating reasons. This period starts on the day of receipt of the product by or on behalf of the consumer.
* Please Note: Refund of the total amount paid by the customer is initiated within 1 week.
* Please Note: Didato will always inform you full the process by email.
You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Items should be returned unused and with all DIDATO seal tags and designer garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.
Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
Please email firstname.lastname@example.org if any of your purchases have been delivered without DIDATO tags.
A completed return form must be enclosed with the return, this form will be issues by our customer service email@example.com.
All shoes should be tried on a carpeted surface before wear.
Underwear is non-returnable due to hygienic reasons.
Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within one months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. If your item is faulty when you receive it, you can return it for a refund. Simply send an email to firstname.lastname@example.org and return the faulty goods to us within 14 days.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability.
We have made every effort to display as accurately as possible the colours of our products that appear on DIDATO. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
We offer a flexible returns policy to make your online shopping experience even easier. However, customers returning items repeatedly may be refused at our discretion.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including DIDATO Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by DIDATO and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. DIDATO tries to ensure that the information on this site is accurate and complete. DIDATO does not promise that DIDATO's Content is accurate or error-free. DIDATO does not promise that the functional aspects of the Site or DIDATO's Content will be error free or that this Site, DIDATO Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of DIDATO and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than DIDATO, including advertisers. DIDATO has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law:
- That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
- A right to cancel any order for a product within 14 days after the date of receipt of the product, and receive a full refund even if it is not defective (see Cancelling your order above).
Nothing in the Terms and Conditions is intended to affect these rights.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above).
If DIDATO fail to comply with the Terms and Conditions, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the Terms and Conditions. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and DIDATO knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 100% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the Terms and Conditions where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us DIDATO harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and DIDATO as a result of the Terms and Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of DIDATO, and we shall not be liable for any representation, act, or omission on your part.
If you breach the Terms and Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms and Conditions.
The Terms and Conditions together with all our policies and procedures will be governed by and construed in accordance to the relevant Dutch law and the relevant courts of the Netherlands will have exclusive jurisdiction.